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Terms of Service!
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adhere to the same terms and condition as Gmail and or Google mail users.
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email services provided on this website and others. If you have any problems with the email service you should first
check the help pages and if you can not find what you need contact support.
1. Your relationship with us
1.1 Your use of Google's products, software, services and web sites (referred to collectively
as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement)
is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of
business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement
is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always
include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal
Terms”.
1.3 Your agreement with Google will also include the terms of any Legal Notices applicable to
the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where
Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that
Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement
between you and Google in relation to your use of the Services. It is important that you take the time to read them
carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Universal
Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the
Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made
available to you by Yupea or Google in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and
agree that Yupea and or Google will treat your use of the Services as acceptance of the Terms from that point
onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age
to form a binding contract with Yupea and or Google, or (b) you are a person barred from receiving the Services under the
laws of the United States or other countries including the country in which you are resident or from which you use the
Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for
your records.
3. Language of the Terms
3.1 Where Google has provided you with a translation of the English language version of the
Terms, then you agree that the translation is provided for your convenience only and that the English language versions of
the Terms will govern your relationship with Google.
3.2 If there is any contradiction between what the English language version of the Terms says
and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Google
4.1 Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries and
Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Google itself. You acknowledge
and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Google is constantly innovating in order to provide the best possible experience for its
users. You acknowledge and agree that the form and nature of the Services which Google provides may change from time to
time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop
(permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at
Google's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to
specifically inform Google when you stop using the Services.
4.4 You acknowledge and agree that if Google disables access to your account, you may be
prevented from accessing the Services, your account details or any files or other content which is contained in your
account.
4.5 You acknowledge and agree that while Google may not currently have set a fixed upper limit
on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the
provision of any Service, such fixed upper limits may be set by Google at any time, at Google's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about
yourself (such as identification or contact details) as part of the registration process for the Service, or as part of
your continued use of the Services. You agree that any registration information you give to Google will always be accurate,
correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b)
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any
laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than
through the interface that is provided by Google, unless you have been specifically allowed to do so in a separate
agreement with Google.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Google,
you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Google has no responsibility to you
or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or
damage which Google may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Google for all activities
that occur under your account.
6.3 If you become aware of any unauthorised use of your password or of your account, you agree
to notify Google immediately at http://www.google.com/support/accounts/bin/answer.py?answer=48601.
7. Privacy and your personal information
7.1 For information about Google's data protection practices, please read Google's privacy
policy at http://www.google.co.uk/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the
Services.
7.2 You agree to the use of your data in accordance with Google's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software,
music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or
through your use of, the Services are the sole responsibility of the person from which such content originated. All such
information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but
not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual
property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or
companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on
this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the
owners of that Content, in a separate agreement.
8.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Google may provide tools to
filter out explicit sexual content. These tools include the SafeSearch preference settings (see http://www.google.co.uk/help/customize.html#safe). In addition, there are commercially available services and software to limit access to material that you may
find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find
offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Google has no responsibility to you
or to any third party for) any Content that you create, transmit or display while using the Services and for the
consequences of your actions (including any loss or damage which Google may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Google (or Google's licensors) own all legal right, title
and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether
those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge
that the Services may contain information which is designated confidential by Google and that you shall not disclose such
information without Google's prior written consent.
9.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a
right to use any of Google's trade names, trade marks, service marks, logos, domain names, and other distinctive brand
features.
9.3 If you have been given an explicit right to use any of these brand features in a separate
written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement,
any applicable provisions of the Terms, and Google's brand feature use guidelines as updated from time to time. These
guidelines can be viewed online at http://www.google.co.uk/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, Google acknowledges and agrees that
it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit,
post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that
Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you
have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights
and that Google has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices
(including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorised to do so in writing by Google, you agree that in
using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way
that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Licence from Google
10.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive
licence to use the software provided to you by Google as part of the Services as provided to you by Google (referred to as
the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as
provided by Google, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work
of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless
this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in
writing.
10.3 Unless Google has given you specific written permission to do so, you may not assign (or
grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the
Software, or otherwise transfer any part of your rights to use the Software.
11. Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit,
post or display on or through, the Services. By submitting, posting or displaying the content you give Google a perpetual,
irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This
licence is for the sole purpose of enabling Google to display, distribute and promote the Services and may be revoked for
certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for Google to make such Content available to
other companies, organisations or individuals with whom Google has relationships for the provision of syndicated services,
and to use such Content in connection with the provision of those services.
11.3 You understand that Google, in performing the required technical steps to provide the
Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and
(b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this licence shall permit Google to take these
actions.
11.4 You confirm and warrant to Google that you have all the rights, power and authority
necessary to grant the above licence.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to
time from Google. These updates are designed to improve, enhance and further develop the Services and may take the form of
bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and
permit Google to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Google
13.1 The Terms will continue to apply until terminated by either you or Google as set out
below.
13.2 If you want to terminate your legal agreement with Google, you may do so by (a) notifying
Google at any time and (b) closing your accounts for all of the Services which you use, where Google has made this option
available to you. Your notice should be sent, in writing, to Google's address which is set out at the beginning of these
Terms.
13.3 Google may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in
manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
or
(B) Google is required to do so by law (for example, where the
provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Google offered the Services to you has
terminated its relationship with Google or ceased to offer the Services to you; or
(D) Google is transitioning to no longer providing the Services to
users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Google is, in Google's
opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Google's rights regarding provision of Services under
Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that
you and Google have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force)
or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph
20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of Warranties
14.1 The Services are provided "as is" and Google, its Subsidiaries and Affiliates, and its
licensors give you no warranty with respect to them.
14.2 In particular, Google, its Subsidiaries and Affiliates, and licensors do not represent or
warrant to you that:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure or
free from error,
(C) any information obtained by you as a result of your use of the
Services will be accurate or reliable, and
(D) that defects in the operation or functionality of any Software
provided to you as part of the Services will be corrected.
14.3 No conditions, warranties or other terms (including any implied terms as to satisfactory
quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are
expressly set out in the Terms.
14.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to
as a consumer and that you cannot contractually agree to alter or waive.
15. Limitation of Liability
15.1 Nothing in these Terms shall exclude or limit Google's liability for losses which may not
be lawfully excluded or limited by applicable law.
15.2 Subject to overall provision in paragraph 15.1 above, Google, its Subsidiaries and
Affiliates, and its licensors shall not be liable to you for:
(A) any indirect or consequential losses which may be incurred by you.
This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation, or any loss of data suffered by you;
(B) any loss or damage which may be incurred by you as a result
of:
(i) any reliance placed by you on the
completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and
any advertiser or sponsor whose advertising appears on the Services;
(ii) any changes which Google may make to the
Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the
Services);
(iii) the deletion of, corruption of, or
failure to store, any Content and other communications data maintained or transmitted by or through your use of the
Services;
(iii) your failure to provide Google with
accurate account information;
(iv) your failure to keep your password or
account details secure and confidential;
15.3 The limitations on Google's liability to you in paragraph 15.2 above shall apply whether
or not Google has been advised of or should have been aware of the possibility of any such losses arising.
16. Copyright and trade mark policies
16.1 It is Google's policy to respond to notices of alleged copyright infringement that comply
with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright
Act) and to terminating the accounts of repeat infringers. Details of Google's policy can be found at http://www.google.co.uk/dmca.html.
16.2 Google operates a trade mark complaints procedure in respect of Google's advertising
business, details of which can be found at http://www.google.co.uk/tm_complaint.html.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements
and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made
through the Services or other information.
17.2 The manner, mode and extent of advertising by Google on the Services are subject to change
without specific notice to you.
17.3 In consideration for Google granting you access to and use of the Services, you agree that
Google may place such advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Google may
have no control over any web sites or resources which are provided by companies or persons other than Google.
18.2 You acknowledge and agree that Google is not responsible for the availability of any such
external sites or resources, and does not endorse any advertising, products or other materials on or available from such
web sites or resources.
18.3 You acknowledge and agree that Google is not liable for any loss or damage which may be
incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed
by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from,
such web sites or resources.
19. Changes to the Terms
19.1 Google may make changes to the Universal Terms or Additional Terms from time to time. When
these changes are made, Google will make a new copy of the Universal Terms available at http://www.google.com/accounts/TOS?loc=gb&hl=en and any new Additional Terms will be made available to you from within, or through, the affected
Services.
19.2 You understand and agree that if you use the Services after the date on which the
Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms
or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the
Services) use a service or download a piece of software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject to separate terms between you and the company
or person concerned. If so, the Terms do not affect your legal relationship with these other companies or
individuals.
20.2 The Terms constitute the whole legal agreement between you and Google and govern your use
of the Services (but excluding any services which Google may provide to you under a separate written agreement), and
completely replace any prior agreements between you and Google in relation to the Services.
20.3 You agree that Google may provide you with notices, including those regarding changes to
the Terms, by email, regular mail, or postings on the Services.
20.4 You agree that if Google does not exercise or enforce any legal right or remedy which is
contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal
waiver of Google's rights and that those rights or remedies will still be available to Google.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any
provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the
Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Google is
the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly
enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than
this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Google under the Terms, shall be governed by English
law. You and Google agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter
arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies
(or an equivalent type of urgent legal relief) in any jurisdiction.
April 16, 2007
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