by using our services you are agreeing to these terms our trainer guidelines and our privacy policy. if you are the parent or legal guardian of a child under the age of 13 the parent you are agreeing to these terms on behalf of yourself and your child ren who are authorized to use the services pursuant to these terms and in our privacy policy. if you don t agree to these terms our trainer guidelines and our privacy policy do not use the services.


if you want to use certain features of the services you will have to create an account with us an account. you can create an account if you have a a pre existing google account b a pre existing pokémon trainer club ptc account c a pre existing account with facebook or d such other pre existing third party accounts as we may choose to support in the future notification of which will be provided by allowing selection of such pre existing accounts on the relevant account creation screen. we will create your account by extracting from your google ptc facebook or other pre existing third party account certain personal information such as your email address that your privacy settings on the applicable account permit us to access. it s important that you provide us with accurate complete and up to date information for your account and you agree to update such information as needed to keep it accurate complete and up to date. if you don t we might have to suspend or terminate your account. you agree that you won t disclose your account password to anyone and you ll notify us immediately of any unauthorized use of your account. you re responsible for all activities that occur under your account whether or not you know about them. registration by childrenwe comply with the children s online privacy protection act coppa through the verification and consent process handled by ptc. if you are over the age of 13 and register to create an account through ptc ptc will enable you to access and use the services. the parent of each child under the age of 13 must register with the pokémon company international inc tpci through ptc before a child may use the services. tpci requires the parent to verify that he or she is the parent of the child and to consent to the creation of an account with us for the child. upon receipt of both parental verification and consent tpci will enable the parent to create an account with us for the child. if a parent does not consent to a child s access to and use of the services or does not verify the parent s consent through the consent process niantic will bar that child s registration for an account prevent the child s access to and use of the services and ensure that such child s information is not accessible through the services. if a parent has consented to a child s access to and use of the services but wishes to rescind such consent the parent should contact us at https pokemongo nianticlabs com support delete en to submit the request. we will discontinue that child s access to and use of the services and ensure that such child s information is no longer accessible through the services. parents of children under the age of 13 understand and agree that tpci and or niantic may provide information submitted to tpci and or niantic or collected via the services to third parties who use such information for the sole purpose of administering or providing services e g third party security monitoring services and web hosting companies. please see our privacy policy available athttp www nianticlabs com privacy pokemongo en for more information on how we collect use and disclose information from our users.


during game play please be aware of your surroundings and play safely. you agree that your use of the app and play of the game is at your own risk and it is your responsibility to maintain such health liability hazard personal injury medical life and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the services. you also agree not to use the app to violate any applicable law rule or regulation including but not limited to the laws of trespass or the trainer guidelines and you agree not to encourage or enable any other individual to violate any applicable law rule or regulation or the trainer guidelines. without limiting the foregoing you agree that in conjunction with your use of the app you will not inflict emotional distress on other people will not humiliate other people publicly or otherwise will not assault or threaten other people will not enter onto private property without permission will not impersonate any other person or misrepresent your affiliation title or authority and will not otherwise engage in any activity that may result in injury death property damage and or liability of any kind. to the extent permitted by applicable law niantic the pokémon company tpc and tpci disclaim all liability related to any property damage personal injury or death that may occur during your use of our services including any claims based on the violation of any applicable law rule or regulation or your alleged negligence or other tort liability. further in the event that you have a dispute with one or more other users of the app you release niantic tpc and tpci and our officers directors agents subsidiaries joint ventures and employees from all claims demands and damages actual and consequential of every kind and nature known and unknown suspected and unsuspected disclosed and undisclosed arising out of or in any way connected with such disputes.


subject to your compliance with these terms niantic grants you a limited nonexclusive nontransferable non sublicensable license to download and install a copy of the app on a mobile device and to run such copy of the app solely for your own personal noncommercial purposes. except as expressly permitted in these terms you may not a copy modify or create derivative works based on the app b distribute transfer sublicense lease lend or rent the app to any third party c reverse engineer decompile or disassemble the app or d make the functionality of the app available to multiple users through any means. niantic reserves all rights in and to the app not expressly granted to you under these terms. if you accessed or downloaded the app from the apple store then you agree to use the app only a on an apple branded product or device that runs ios apple s proprietary operating system software and b as permitted by the usage rules set forth in the apple store terms of service. if you accessed or downloaded the app from any app store or distribution platform like the apple store google play or amazon appstore each an app provider then you acknowledge and agree that these terms are concluded between you and niantic and not with app provider and that as between us and the app provider niantic is solely responsible for the app. app provider has no obligation to furnish any maintenance and support services with respect to the app. in the event of any failure of the app to conform to any applicable warranty you may notify app provider and app provider will refund the purchase price for the app to you if applicable and to the maximum extent permitted by applicable law app provider will have no other warranty obligation whatsoever with respect to the app. any other claims losses liabilities damages costs or expenses attributable to any failure of an app to conform to any warranty will be the sole responsibility of niantic. app provider is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app including but not limited to i product liability claims ii any claim that the app fails to conform to any applicable legal or regulatory requirement and iii claims arising under consumer protection or similar legislation. in the event of any third party claim that the app or your possession and use of the app infringes that third party s intellectual property rights niantic will be solely responsible for the investigation defense settlement and discharge of any such intellectual property infringement claim to the extent required by these terms. app provider and its subsidiaries are third party beneficiaries of these terms as related to your license of the app and that upon your acceptance of the terms and conditions of these terms app provider will have the right and will be deemed to have accepted the right to enforce these terms as related to your license of the app against you as a third party beneficiary thereof. you must also comply with all applicable third party terms of service when using the app. you agree to comply with all u s and foreign export laws and regulations to ensure that neither the app nor any technical data related thereto nor any direct product thereof is exported or re exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations. by using the app you represent and warrant that i you are not located in a country that is subject to a u s government embargo or that has been designated by the u s government as a terrorist supporting country and ii you are not listed on any u s government list of prohibited or restricted parties.


for purposes of these terms a content means the text software scripts graphics photos sounds music videos audiovisual combinations interactive features works of authorship of any kind and information or other materials that are posted generated provided or otherwise made available through the services and b user content means any content that account holders including you provide to be made available through the services. content includes without limitation user content. subject to your compliance with these terms niantic grants you a personal noncommercial nonexclusive nontransferable non sublicensable revocable license to download view display and use the content solely in connection with your permitted use of the services. content ownershipniantic does not claim any ownership rights in any user content and nothing in these terms will be deemed to restrict any rights that you may have to use and exploit your user content. subject to the foregoing niantic and its licensors including tpc and tpci exclusively own all right title and interest in and to the services and content including all associated intellectual property rights. you acknowledge that the services and content are protected by copyright trademark and other laws of the united states and foreign countries. you agree not to remove alter or obscure any copyright trademark service mark or other proprietary rights notices incorporated in or accompanying the services or content. rights granted by youby making any user content available through services you grant to niantic a nonexclusive perpetual irrevocable transferable sublicensable worldwide royalty free license to use copy modify create derivative works based upon publicly display publicly perform and distribute your user content in connection with operating and providing the services and content to you and to other account holders. you are solely responsible for all your user content. you represent and warrant that you own all your user content or you have all rights that are necessary to grant us the license rights in your user content under these terms. you also represent and warrant that neither your user content nor your use and provision of your user content to be made available through the services nor any use of your user content by niantic on or through the services will infringe misappropriate or violate a third party s intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. niantic may reject any submissions in which niantic believes in its sole discretion that the user content is inappropriate or violates the trainer guidelines or these terms. niantic further reserves the right to remove any user content from the services at any time and without notice and for any reason.


the app permits account holders to capture and trade virtual items including but not limited to pokémon characters or creatures trading items during gameplay. unlike virtual money and virtual goods see below trading items are obtained at no additional charge during gameplay. trading items are a category of content and niantic grants you a limited nontransferable non sublicensable revocable license to use such trading items in conjunction with your personal noncommercial use of the services. you acknowledge that you do not acquire any ownership rights in or to trading items and that trading items do not have monetary value. trading items may be traded with other account holders for other trading items but trading items can never be sold transferred or exchanged for virtual money virtual goods real goods real money or real services or any other compensation or consideration from us or anyone else. you also agree that you will only obtain trading items from other account holders and through means provided by us and not from or through any third party platform exchange broker or other mechanism unless expressly authorized. we may cancel any trading items sold transferred or exchanged in violation of these terms. any such sale transfer or exchange or attempt to do so is prohibited and may result in the termination of your account. as set forth below all trading items and other content are provided as is without any warranty.


we may cancel suspend or terminate your account and your access to your trading items virtual money virtual goods the content or the services in our sole discretion and without prior notice including if a your account is inactive i e not used or logged into for one year b you fail to comply with these terms c we suspect fraud or misuse by you of trading items virtual money virtual goods or other content d we suspect any other unlawful activity associated with your account or e we are acting to protect the services our systems the app any of our users or the reputation of niantic tpc or tpci. we have no obligation or responsibility to and will not reimburse or refund you for any trading items virtual money or virtual goods lost due to such cancellation suspension or termination. you acknowledge that niantic is not required to provide a refund for any reason and that you will not receive money or other compensation for unused virtual money and virtual goods when your account is closed whether such closure was voluntary or involuntary. we have the right to offer modify eliminate and or terminate trading items virtual money virtual goods the content and or the services or any portion thereof at any time without notice or liability to you. if we discontinue the use of virtual money or virtual goods we will provide at least 60 days advance notice to you by posting a notice on the site or app or through other communications.


the app permits the purchase of virtual currency virtual money and use of that virtual money to purchase virtual items or services that we expressly make available for use in the app virtual goods. the purchase of virtual money and virtual goods is limited to account holders who are either a 18 years of age or older or b under the age of 18 and have the consent of a parent to make the purchase. parents of children under the age of 18 can consult the ios or google play settings for their app to restrict in app purchases but should also monitor their children s accounts for unexpected activity including the purchase of virtual money or virtual goods. purchases of virtual money and virtual goodsvirtual money is a category of content so the purchase of virtual money grants you only a limited nontransferable non sublicensable revocable license to use such virtual money to access and purchase virtual goods in conjunction with your personal noncommercial use of the services. you acknowledge that you do not acquire any ownership rights in or to the virtual money virtual goods or other content any balance of virtual goods or virtual money does not reflect any stored value. you agree that virtual money and virtual goods have no monetary value and do not constitute actual currency or property of any type. virtual money may be redeemed only for virtual goods and can never be sold transferred or exchanged for real money real goods or real services from us or anyone else. you also agree that you will only obtain virtual money and or virtual goods from us and through means provided by us and not from any third party platform exchange broker or other mechanism unless expressly authorized. once you acquire a license to virtual money or virtual goods you may not trade or transfer the virtual money or virtual goods to another individual or account unless such functionality is provided to you by us by way of a feature or service whether inside the app or through some other method e g our website. we may cancel any virtual money or virtual goods sold transferred or exchanged in violation of these terms. any such sale transfer or exchange or attempt to do so is prohibited and may result in the termination of your account. during the term of your license to your virtual money you have the right to redeem your virtual money for selected virtual goods. if you are the parent and you are accepting these terms on behalf of your child you accept and acknowledge that your child has your consent to exercise this right independently. pricing and availability of virtual money and virtual goods are subject to change without notice. we reserve the right at any time to change and update our pricing and inventory of virtual money and virtual goods. as set forth below all virtual money virtual goods and other content is provided as is without any warranty. you agree that all sales by us to you of virtual money and virtual goods are final and that we will not permit exchanges or refunds for any unused virtual money or virtual goods once the transaction has been made. purchases by end users outside the u s virtual money and virtual goods may only be purchased and held by legal residents of countries where access to and use of the services are permitted. if you live in the european union you have certain rights to withdraw from online purchases. however please note that once you download virtual money from us your right of withdrawal ends. you agree that a purchase of virtual money involves immediate download of such content and b you lose your right of withdrawal once your purchase is complete. if you live in the european union we will provide you with a vat invoice when we are required to do so by law. you agree that these invoices may be electronic in format. we reserve the right to control regulate change or remove any virtual money or virtual goods without any liability to you.


you agree that you are responsible for your own conduct and user content while using the services and for any consequences thereof. please refer to our trainer guidelines https pokemongo nianticlabs com support guidelines en for information about the kinds of conduct and user content that are prohibited while using the services. by way of example and not as a limitation you agree that when using the services and content you will not defame abuse harass harm stalk threaten or otherwise violate the legal rights including the rights of privacy and publicity of others upload post email transmit or otherwise make available any unlawful inappropriate defamatory obscene pornographic vulgar offensive fraudulent false misleading or deceptive content or message promote or engage in discrimination bigotry racism hatred or harassment against any individual or group trespass or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability upload post or otherwise make available commercial messages or advertisements pyramid schemes or other disruptive notices impersonate or misrepresent your affiliation with another person or entity promote or provide instructional information about illegal or harmful activities or substances promote or engage in physical harm violence or injury against any group or individual transmit any viruses worms defects trojan horses or any items of a destructive nature submit fake falsified misleading or inappropriate data submissions edits or removals post upload publish submit or transmit any content that infringes misappropriates or violates a third party s patent copyright trademark trade secret moral rights or other intellectual property rights or rights of publicity or privacy use display mirror or frame the services or any individual element within the services niantic s name any niantic trademark logo or other proprietary information or the layout and design of any page or form contained on a page without niantic s express written consent access tamper with or use nonpublic areas of the services niantic s computer systems or the technical delivery systems of niantic s providers attempt to probe scan or test the vulnerability of any niantic system or network or breach any security or authentication measures avoid bypass remove deactivate impair descramble or otherwise circumvent any technological measure implemented by niantic or any of niantic s providers or any other third party including another user to protect the services or content attempt to access or search the services or content or download content from the services through the use of any technology or means other than those provided by niantic or other generally available third party web browsers including without limitation automation software bots spiders crawlers data mining tools or hacks tools agents engines or devices of any kind extract scrape index copy or mirror the services or content or portions thereof including but not limited to the pokéstop database and other information about users or gameplay use any meta tags or other hidden text or metadata utilizing a niantic trademark logo url or product name without niantic s express written consent forge any tcp ip packet header or any part of the header information in any email or newsgroup posting or in any way use the services or content to send altered deceptive or false source identifying information attempt to decipher decompile disassemble or reverse engineer any of the software used to provide the services or content interfere with or attempt to interfere with the access of any user host or network including without limitation sending a virus overloading flooding spamming or mail bombing the services take any action that imposes or may impose an unreasonable or disproportionately large load on the services or niantic s infrastructure delete obscure or in any manner alter any attribution warning or link that appears in the services or the content use the services or content or any portion thereof for any commercial purpose or for the benefit of any third party or in a manner not permitted by these terms including but not limited to a gathering in app items or resources for sale outside the app b performing services in the app in exchange for payment outside the app or c sell resell rent or lease the app or your account collect or store any personally identifiable information from the services from other users of the services without their express permission violate any applicable law or regulation orencourage or enable any other individual to do any of the foregoing. although we re not obligated to monitor access to or use of the services or content or to review or edit any content we have the right to do so for the purpose of operating the services to ensure compliance with these terms and to comply with applicable law or other legal requirements. we reserve the right but are not obligated to remove or disable access to any content at any time and without notice including but not limited to if we at our sole discretion consider any content to be objectionable or in violation of these terms. we have the right to investigate violations of these terms or conduct that affects the services. we may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.


we welcome feedback comments and suggestions for improvements to the services feedback. you can submit feedback by reaching out to us on facebook twitter or google. you grant to us a nonexclusive worldwide perpetual irrevocable fully paid royalty free sublicensable and transferable license under any and all intellectual property rights that you own or control to use copy modify create derivative works based upon and otherwise exploit the feedback for any purpose.


the services and app may contain links to third party websites or resources. we provide these links only as a convenience and are not responsible for the content products or services on or available from those websites or resources or links displayed on such websites. you acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.


we may terminate your access to and use of the services at our sole discretion at any time and without notice to you. you may cancel your account at any time by accessing the pokémon go help center available at https pokemongo nianticlabs com support delete en. upon any termination discontinuation or cancellation of services or your account the following provisions of these terms will survive arbitration notice content ownership rights granted by you effect of termination on trading items virtual money and virtual goods feedback disclaimer of warranties indemnity limitation of liability dispute resolution general terms and this sentence of termination.


your use of the app and services are at your own risk. to the extent permitted by applicable law the services and content are provided as is without warranty of any kind. without limiting the foregoing niantic tpc and tpci explicitly disclaim any warranties of merchantability fitness for a particular purpose quiet enjoyment or non infringement and any warranties arising out of course of dealing or usage of trade. niantic tpc and tpci make no warranty that the services will meet your requirements or be available on an uninterrupted secure or error free basis and we make no warranty regarding the quality accuracy timeliness truthfulness completeness or reliability of any content. you assume all risks relating to your online or offline communications and interactions with other users of the services and with other persons with whom you communicated or interact as a result of your use of the services. you understand that niantic tpc and tpci do not screen or inquire into the background of any users of the services. niantic tpc and tpci make no representations or warranties as to the conduct of users of the services. you agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services particularly if you decide to meet offline or in person.


you will indemnify and hold harmless niantic tpc and tpci and their respective officers directors employees and agents from and against any claims disputes demands liabilities damages losses and costs and expenses including without limitation reasonable legal and accounting fees arising out of or in any way connected with a your access to or use of the services or content b your user content or c your violation of these terms.


to the extent permitted by applicable law neither niantic nor tpc or tpci or any other party involved in creating producing or delivering the services or content will be liable to you for any indirect incidental special punitive exemplary or consequential damages including lost profits loss of data or goodwill service interruption computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content or from any communications interactions or meetings with other users of the services or persons with whom you communicate or interact as a result of your use of the services whether based on warranty contract tort including negligence product liability or any other legal theory and whether or not niantic tpc or tpci have been advised of the possibility of such damages even if a limited remedy set forth herein is found to have failed of its essential purpose. some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction in no event will the total liability of niantic tpc or tpci arising out of or in connection with these terms or from the use of or inability to use the services or content exceed one thousand dollars 1 000. the exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between niantic and you.


governing lawthese terms and any action related thereto will be governed by the laws of the state of california without regard to its conflict of laws provisions. agreement to arbitrateyou and niantic agree that any dispute claim or controversy arising out of or relating to these terms or the breach termination enforcement interpretation or validity thereof or the use of the services or content collectively disputes will be settled by binding arbitration except that each party retains the right a to bring an individual action in small claims court and b to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement misappropriation or violation of a party s copyrights trademarks trade secrets patents or other intellectual property rights the action described in this clause b an ip protection action. without limiting the preceding sentence you will also have the right to litigate any other dispute if you provide niantic with written notice of your desire to do so by email or regular mail at termsofservice nianticlabs com or 2 bryant st ste. 220 san francisco ca 94105 within thirty 30 days following the date you first accept these terms such notice an arbitration opt out notice. if you don t provide niantic with an arbitration opt out notice within the thirty 30 day period you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses a and b above. the exclusive jurisdiction and venue of any ip protection action or if you timely provide niantic with an arbitration opt out notice will be the state and federal courts located in the northern district of california and each of the parties hereto waives any objection to jurisdiction and venue in such courts. unless you timely provide niantic with an arbitration opt out notice you acknowledge and agree that you and niantic are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. further unless both you and niantic otherwise agree in writing the arbitrator may not consolidate more than one person s claims and may not otherwise preside over any form of any class or representative proceeding. if this specific paragraph is held unenforceable then the entirety of this dispute resolution section will be deemed void. except as provided in the preceding sentence this dispute resolution section will survive any termination of these terms. arbitration rulesthe arbitration will be administered by the american arbitration association aaa in accordance with the commercial arbitration rules and the supplementary procedures for consumer related disputes the aaa rules then in effect except as modified by this dispute resolution section. the aaa rules are available at www adr org arb_med or by calling the aaa at 1 800 778 7879. the federal arbitration act will govern the interpretation and enforcement of this section. arbitration processa party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the aaa rules. the aaa provides a general demand for arbitration the arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the aaa s roster of arbitrators. if the parties are unable to agree upon an arbitrator within seven 7 days of delivery of the demand for arbitration then the aaa will appoint the arbitrator in accordance with the aaa rules. arbitration location and procedureunless you and niantic otherwise agree the arbitration will be conducted in the county where you reside. if your claim does not exceed 10 000 then the arbitration will be conducted solely on the basis of the documents that you and niantic submit to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary. if your claim exceeds 10 000 your right to a hearing will be determined by the aaa rules. subject to the aaa rules the arbitrator will have the discretion to direct a reasonable exchange of information by the parties consistent with the expedited nature of the arbitration. arbitrator s decisionthe arbitrator will render an award within the time frame specified in the aaa rules. the arbitrator s decision will include the essential findings and conclusions upon which the arbitrator based the award. judgment on the arbitration award may be entered in any court having jurisdiction thereof. the arbitrator s award of damages must be consistent with the terms of the limitation of liability section above as to the types and amounts of damages for which a party may be held liable. the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant s individual claim. if you prevail in arbitration you will be entitled to an award of attorneys fees and expenses to the extent provided under applicable law. niantic will not seek and hereby waives all rights it may have under applicable law to recover attorneys fees and expenses if it prevails in arbitration. feesour responsibility to pay any aaa filing administrative and arbitrator fees will be solely as set forth in the aaa rules. however if your claim for damages does not exceed 75 000 niantic will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose as measured by the standards set forth in federal rules of civil procedure 11 b changesnotwithstanding the provisions of the changes to terms or services section above if niantic changes this dispute resolution section after the date you first accepted these terms or accepted any subsequent changes to these terms you may reject any such change by sending us written notice including by email to termsofservice nianticlabs com within 30 days of the date such change became effective as indicated in the last updated date above or in the date of niantic s email to you notifying you of such change. by rejecting any change you are agreeing that you will arbitrate any dispute between you and niantic in accordance with the provisions of this dispute resolution section as of the date you first accepted these terms or accepted any subsequent changes to these terms.


these terms and any action related thereto will be governed by the laws of the state of california without regard to its conflict of laws provisions. these terms constitute the entire and exclusive understanding and agreement between niantic and you regarding the services and content and these terms supersede and replace any and all prior oral or written understandings or agreements between niantic and you regarding the services and content. if any provision of these terms is held invalid or unenforceable either by an arbitrator appointed pursuant to the terms of the dispute resolution section above or by a court of competent jurisdiction but only if you timely opt out of arbitration by sending us an arbitration opt out notice in accordance with the terms set forth above that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect. you may not assign or transfer these terms by operation of law or otherwise without niantic s prior written consent. any attempt by you to assign or transfer these terms without such consent will be null. niantic may freely assign or transfer these terms without restriction. subject to the foregoing these terms will bind and inure to the benefit of the parties their successors and permitted assigns. any notices or other communications provided by niantic under these terms including those regarding modifications to these terms will be given a via email or b by posting to the services. for notices made by email the date of receipt will be deemed the date on which such notice is transmitted. niantic s failure to enforce any right or provision of these terms will not be considered a waiver of such right or provision. the waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of niantic. except as expressly set forth in these terms the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.


if you have any questions about these terms or the services please contact niantic at termsofservice nianticlabs com or 2 bryant ste. 220 san francisco ca 94105.


tldr permits access to the sites subject to these terms and conditions. please read these terms carefully. by using the sites you agree to be bound by these terms and conditions this agreement is between you and fossa inc a delaware limited liability company tldr. you do not need to take any action to accept these terms but you must accept the terms if you wish to exercise the rights granted herein and your access to or use of the sites shall be deemed your assent to these terms. if you do not agree with these terms then you are not entitled to use the sites. if you are agreeing to these terms on behalf of a company or other legal entity you represent that you have the authority to bind such entity its affiliates and all users who access the sites to these terms and in which case the terms you or your shall refer to such entity its affiliates and users associated with it. if you do not have such authority or if you do not agree with these terms you may not use the sites. the sites provided by tldr including but not limited to that located at https tldrlegal com collectively together with all sub domains thereof and any information content and services as defined herein the site or sites may include but is not limited to information created by tldr offered by tldr data collected from public sources content from or contributed by third parties you or the users of the sites. unless otherwise agreed in writing with tldr your use of the site will be subject to at a minimum the terms and conditions set forth herein. these are referred to as the master terms. in addition your use of any site or content information or service as defined below may also be subject to the terms of any legal notice applicable to same in addition to the master terms. all such terms supplementing these master terms are referred to below as the additional terms. the master terms together with any additional terms form a binding legal agreement between you and tldr. the master terms and such additional terms as applicable are hereinafter collectively referred to as the terms tldr reserves the right to change these terms without notice. the most current version of the terms can be reviewed by clicking on the link or links located on our sites. please check these terms periodically to see whether they have changed. if you use the sites after we post revised terms you accept such changes.


conditioned upon your compliance with the terms tldr grants you a limited personal nontransferable non sublicensable revocable license to 1. access and use the site in the manner presented by tldr and 2. access and use the tldr computer and network services offered within the site the tldr systems only in the manner expressly permitted by tldr. except for this limited license tldr does not convey any interest in or to the tldr systems information or data available via the tldr systems the information content services website or any other tldr property by permitting you to access the website. except to the extent required by law or as expressly provided herein none of the content and or information may be reverse engineered modified reproduced republished translated into any language or computer language re transmitted in any form or by any means resold or redistributed without the prior written consent of tldr. you may not make sell offer for sale modify reproduce display publicly perform import distribute retransmit or otherwise use the content in any way unless expressly permitted to do so by tldr e. other than as expressly set forth in these terms you may not copy modify publish transmit upload participate in the transfer or sale of reproduce create derivative works distribute perform or display any of the content or sites in whole or in part without written permission from tldr f. tldr does not intend for the sites to be used by anyone under the age of 13. you certify that you are the age of majority in your jurisdiction or are over 13 years old and using the sites with the express consent of your parent or legal guardian. you agree not to post or contribute any personal information such as name address telephone number or email address of any person under the age of 13 to the sites. g there may be times when the sites are not available and tldr reserves the right to interrupt discontinue modify limit and or suspend the sites or the storage and availability of any content for any or no reason including material contributed by you. you agree that tldr will not be liable to you for any such change to the sites or content. h you may not access the sites through any automated mechanism including but not limited to automated visits to the sites automated queries automated edits or actions or any other programmatic access. all content offered by the sites is the property of tldr or third parties and is protected by copyright laws including protection as a collective work or compilation under the copyright laws of the united states and other countries. the trademarks tl dr llc trade tldrlegal trade and the tldr logos and other proprietary trademarks service marks and trade names of tldr or its affiliates are the registered trademarks or trademarks of tldr. all third party trademarks remain the property of their respective owners. all distinctive brand features of the sites including but not limited to domain names design organization artwork logos images and trade dress are the property of tldr and this agreement does not give you any right to copy or use such features of the sites. if you download executable software from the sites the software and other materials accompanying the software software is licensed to you by tldr under the terms of any associated end user license agreement. tldr does not transfer title to the software to you. tldr or third party licensors retain full and complete title to the software and all intellectual property rights embodied in it. you may not redistribute sell decompile reverse engineer or disassemble the software. k content explicitly licensed to you by tldr under the creative commons attribution 3 0 license cc by shall be governed by that license unless otherwise marked. the text of the cc by license is found at http creativecommons org licenses by 3 0 legalcode and is hereby incorporated into these terms by reference and you agree that you will follow the attribution requirements of the cc by license where applicable. tldr hereby designates tldr as the sole attribution party under section 4 b of the cc by license for such content. you will ensure that any such use of content includes a visual display or otherwise indicates the source of the content as originating from the site supplying the content. this indication may be through an unobtrusive text string and or use of a logo with the name of the site or some other unobtrusive but clear visual indication. you will include near to or as a part of any such internet use of the content a hyperlink to the location within the sites that presents the content. some content may be offered by the sites under the terms of a copyright license accompanying that content. in such cases you may use this content under the terms of its license and you are responsible for such use. you agree to abide by the license obligations and restrictions of any content that you access through the sites. in some cases the sites automatically collect data and other material from third party sites and services. tldr may choose not to screen this collected data. you agree that you assume all risks of using such content including but not limited to risks arising from its source ownership accuracy completeness timeliness suitability for intended purpose or its reliability. you acknowledge that tldr does not endorse any content nor does tldr guarantee that any content does not infringe the rights of any third party. under no circumstances is tldr liable for any content including but not limited to liabilities from infringement errors and omissions or for any loss or damage of any kind from the use of content posted to downloaded or linked from accessed by or otherwise made available from the sites. l the sites may link to material hosted by third parties on independent sites and services on the internet. tldr is not responsible or liable for such material nor does tldr endorse or sponsor it. tldr has not reviewed the material on such third party sites and makes no warranties or representations about the material information products or services offered by third parties.


c you may use the sites only for your personal use. if you are permitted to use content you must include any copyright notice originally included with the content in all copies displays or representations of the content in any form media or technology now known or later developed. if you represent a company organization or other legal entity you may use the sites only for internal business purposes. tldr welcomes editorial use of the sites and content. d if you are a journalist blogger commentator etc. you may use the content in the course of writing editorial material. if you create such editorial material using the sites or content you must follow any applicable attribution requirements k content explicitly licensed to you by tldr under the creative commons attribution 3 0 license cc by shall be governed by that license unless otherwise marked. the text of the cc by license is found at http creativecommons org licenses by 3 0 legalcode and is hereby incorporated into these terms by reference and you agree that you will follow the attribution requirements of the cc by license where applicable. tldr hereby designates tldr as the sole attribution party under section 4 b of the cc by license for such content. you will ensure that any such use of content includes a visual display or otherwise indicates the source of the content as originating from the site supplying the content. this indication may be through an unobtrusive text string and or use of a logo with the name of the site or some other unobtrusive but clear visual indication. you will include near to or as a part of any such internet use of the content a hyperlink to the location within the sites that presents the content. some content may be offered by the sites under the terms of a copyright license accompanying that content. in such cases you may use this content under the terms of its license and you are responsible for such use. you agree to abide by the license obligations and restrictions of any content that you access through the sites. in some cases the sites automatically collect data and other material from third party sites and services. tldr may choose not to screen this collected data. you agree that you assume all risks of using such content including but not limited to risks arising from its source ownership accuracy completeness timeliness suitability for intended purpose or its reliability. you acknowledge that tldr does not endorse any content nor does tldr guarantee that any content does not infringe the rights of any third party. under no circumstances is tldr liable for any content including but not limited to liabilities from infringement errors and omissions or for any loss or damage of any kind from the use of content posted to downloaded or linked from accessed by or otherwise made available from the sites.


you agree not to use the sites to 1. try to gain unauthorized access to any portion of the sites or any other systems or networks connected to it or to any tldr server or to any of the content offered on or through the sites by circumventing the site s access control measures either by hacking password mining or any other means 2. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the sites or tldr s systems or networks or any systems or networks connected to the sites or to tldr 3. post illegal material or use the sites for illegal activity 4. post or use the sites to distribute junk mail spam chain letters pyramid schemes phishing or other unsolicited advertising or promotion or material without significant value to the community designed to drive traffic mask its source or deceive as to authorship distribute viruses trojans or other malware or whose purpose is affiliate marketing 5. remove circumvent disable damage or otherwise interfere with features of the sites that implement security or usage limitations including those that are part of the sites robots txt api limitations or any other mechanisms 6. use any means to damage deny the use of or restrict others use of the sites 7. post deceptive or inaccurate material intended to affect the sites analyses and or search algorithms game reputation or scoring systems that are a part of the sites or engage in activity on other websites which are automatically accessed by the sites as part of the sites normal operation intended solely to affect the sites analyses 8. post libelous or defamatory material intimidate or harass others 9. engage in identity theft or infringe upon the privacy of others including phishing posting others personally identifying information in your possession or attempting to use another user s account 10. falsify your identity or misrepresent your affiliation with another person or entity 11. post or transmit any software exploits computer viruses or trojans or software intended to interrupt disrupt damage destroy or limit the function or access to computer software hardware or telecommunications equipment or otherwise interfere with or disrupt other sites on the internet or post or transmit any material that is harmful threatening offensive hateful discriminatory obscene contrary to any applicable laws or regulations or that incites an illegal act. any of the above usage of the sites or content any other violation of these terms or any other fraudulent or illegal activity may result in the immediate suspension or termination of your registered user account and blocking of your access to the sites without notice. without the express written consent from tldr you may not and may not authorize another to party to 1 frame or utilize framing techniques to enclose any portion or aspect of the sites content or the information 2 scrape or actively or dynamically use information or data from the sites 3. co brand with the sites 4. link content or information from the sites to another website 5. use content or information from the sites in a manner that could cause the impression to a third party that tldr has permitted such use 6. use sites content or information or materials that may constitute or be confused as tldr designs design elements user interfaces or copyright protectable works or elements or 7 disguise the origin of information transmitted through the sites.


as a condition to using some features of the sites tldr may require you to register for an account create a user profile and select a user name and password. you agree to provide tldr with accurate and complete identity information including your email address and agree to update your identity information promptly if it changes. you agree not to impersonate another person falsify your identity use another user s account or otherwise take action to gain access to content to which you do not have the rights to access or use the sites in any way to which you do not have authorization. you are solely responsible for all activity that takes place under the authorization of your account. you hereby release tldr from any and all liabilities arising from such activity. you are responsible for maintaining the security of your password. you agree to promptly inform tldr if you know or suspect that your account s password or security has been breached. c tldr expressly disclaims any and all liability arising from revocation cancellation or suspension of your account for any reason. your account and registration will terminate immediately upon your breach of any of the terms. you may terminate your account and participation as a registered user at any time without notice. d tldr respects your right to privacy. tldr will use any personally identifying information collected by the sites in accordance with tldr s privacy policy located at www tldrlegal com privacy. the servers on which certain personally identifiable information will be collected may be located in the united states or such other jurisdiction as tldr may determine.


the sites may offer you opportunities to contribute content contribution s. in order to make a contribution to the sites you must have a registered account. the owner of any contribution retains copyright rights to such content. if you make a contribution you must have the right to contribute this contribution under cc by either through ownership of the copyright because the contribution is in the public domain or through a license that grants you this right consistent with these terms. if your contribution is protected by copyright then unless it is licensed under cc by or under a license which grants you the right to contribute it under cc by you must not provide the contribution to tldr. you warrant represent and assert that you have the right to provide the contribution that no contribution violates or infringes the rights of any third party including copyright trademark privacy publicity or any other personal or proprietary rights that the contribution does not constitute confidential or trade secret information and is not defamatory libelous or unlawful. you can otherwise license your own copyrighted contribution any way you like or not at all. but when you provide a contribution to the sites you are explicitly granting tldr a license under cc by without regard to any other licenses you apply to your contribution. you understand and agree that the sites and content are a collective work or compilation under the copyright laws of the united states and other countries and that the sites and content do not constitute a joint work under copyright law. you will not assert or attempt to assert any rights over the sites and content as a whole through your contributions. c you hereby designate tldr and its contributors as the sole attribution party under section 4 b of the cc by license to attribute your contribution as part of the collective content of the sites. with this designation you release tldr from the obligation to specifically attribute your contributions to you. d you understand that the cc by license under which you provide a contribution allows tldr and its licensors to use your contribution for any purpose. e you agree that any source code contribution to a project hosted on the sites will be contributed under and subject to the posted license of that project. you acknowledge that you are responsible for including all copyright notices and licenses for your contributions. should you fail to include these notices and licenses you assume all risks of failing to do so including the possible loss of your rights to your contributions. f tldr may but is not obligated to review your contributions. tldr may refuse to accept or delete any contribution that in its sole discretion tldr determines to violate these terms be illegal or objectionable violate the rights or threaten the safety of others deems not to fulfill the purpose of the sites or for any other reason. tldr may in its sole discretion terminate or suspend your registered account if your contribution violates the terms. acceptance of a contribution does not constitute an endorsement or sponsorship of the contribution by tldr g. you hereby grant tldr a royalty free perpetual irrevocable worldwide non exclusive and fully sub licensable right and license under your intellectual property rights and under the terms of the cc by license to reproduce modify adapt publish translate create derivative works from distribute perform display and use your contributions in whole or part and to incorporate them in other works in any form media or technology now known or later developed for the purpose of providing the sites even in the event that you have subsequently deleted the contribution. you agree that you alone are responsible for creating backup copies of your contribution. h if you delete your contribution the cc by license under which you provided your contribution will remain in full force. if you delete your contributions tldr does not warrant that it will be able to or will take responsibility for removing deleted contributions from websites including but not limited to those outside of its reasonable control including email archives wikis project web sites community sites or others computers including those to whom you or others may have forwarded your contribution.


to the fullest extent permitted by the applicable law tldr offers the sites information content and services as is and makes no representations or warranties of any kind concerning the sites information content and services express implied statutory or otherwise including without limitation warranties of title merchantibility fitness for a particular purpose or noninfringement. tldr does not warrant that the sites information content and services will be uninterrupted or error free that defects will be corrected or that tldr s servers are free of viruses or other harmful components. tldr does not warrant or make any representation regarding use or the result of use of the sites information content and services in terms of accuracy reliability or otherwise vii. limitation of liability a. except to the extent required by applicable law and then only to that extent in no event will tldr its employees attorneys managers officers directors affiliates or agents tldr parties be liable to you on any legal theory for any incidental direct indirect punitive actual consequential special exemplary or other damages including without limitation loss of revenue or income lost profits pain and suffering emotional distress cost of substitute goods or services or other damages suffered or incurred by you or any third party that arise in connection with the sites information content and services or the termination thereof for any reason even if the tldr parties have been advised of the possibility of such damages b. the tldr parties shall not be responsible or liable whatsoever in any manner for any information or content on the sites or with the services or posted on the sites including claims of copyright patent trademark tradesecret infringement or the infringement of other property rights relating to content posted on the sites or provided with services for your use of the sites and services or for the conduct of third parties whether on the sites in connection with the sites or services or otherwise relating to the sites or services c. tldr is not a law firm and does not provide legal advice. using the sites or services including sending us an email asking for legal services or otherwise does not create an attorney client relationship. in particular but without limitation any use of any of tldr s sites services content information including without limitation any tools summaries or licenses and or using any licenses attribution generator results license comparisons or any other information or materials does not constitute legal advice nor does it create an attorney client relationship. you are advised to consult with your own legal counsel before using any of the above. d you agree that tldr will have absolutely no liability in connection with the sites and content including without limitation any liability for damage to your computer hardware data information or business resulting from the content available on the sites. without limiting the generality of the foregoing tldr will have no liability for 1. any loss or injury caused in whole or in part by its actions omissions or negligence including but not limited to procuring compiling or delivering the sites or content 2. any errors omissions or inaccuracies in the content offered by the sites regardless of how caused or delays or interruptions in delivery of such content or 3. any decision made or action taken or not taken in reliance upon the content or other information or materials offered by the sites. e tldr makes no warranty representation or guarantee as to the sequence accuracy timeliness or completeness of the content or that the content may be relied upon for any reason. tldr makes no warranty representation or guarantee that the content will be uninterrupted or error free or that any defects can be corrected. f tldr reserves the right to do any of the following at any time without notice to modify suspend or terminate operation of or access to the sites or any portion of the sites for any reason. viii. indemnityyou agree to defend indemnify and hold harmless the tldr parties from and against any and all liabilities including but not limited to losses expenses damages costs and reasonable attorneys fees resulting from or in connection with whether directly or indirectly your use of the sites services content information or violation of these terms. you also agree to defend indemnify and hold harmless the tldr parties from and against any and all claims brought by third parties arising out of your use of any of the sites and any contribution you make available via any of the sites by any means including without limitation through a posting a link or otherwise. tldr parties may participate in the defense and settlement at its own expense with counsel of its own choosing. you shall not settle any claim or action without the tldr parties prior written consent.


minecraft end user licence agreementin order to protect minecraft our game and the members of our community we need these end user licence terms to set out some rules for downloading and using our game. we don t like rules any more than you do so we have tried to keep this as short as possible. if you break these rules we may stop you from using our game. if we think it is necessary we might even have to ask our lawyers to get in touch. if you buy download use or play our game you are agreeing to stick to the rules of these end user licence terms eula. if you don t want to or can t agree to these rules then you must not buy download use or play our game. this eula incorporates the terms of use for the mojang com website account terms our brand and asset usage guidelines and our privacy policy. by agreeing to this eula you also agree to all parts of these three documents so please read through them carefully.


one major rulethe one major rule is that you must not distribute anything we ve made. by distribute anything we ve made what we mean is give copies of the game away make commercial use of try to make money from or let other people get access to our game and its parts in a way that is unfair or unreasonable. so the one major rule is that unless we specifically agree it such as in brand and asset usage guidelines you must not give copies of our game to anyone else make commercial use of anything we ve made try to make money from anything we ve made orlet other people get access to anything we ve made in a way that is unfair or unreasonable and so that we are crystal clear what we have made includes but is not limited to the client or the server software for our game. it also includes modified versions of a game part of it or anything else we ve made. otherwise we are quite relaxed about what you do in fact we really encourage you to do cool stuff but just don t do those things that we say you can t.


using our gameyou have bought the game so you can use it yourself on your computer. below we also give you limited rights to do other things but we have to draw a line somewhere or else people will go too far. if you wish to make something pertaining to anything we ve made we re humbled but please make sure that it can t be interpreted as being official and that it complies with this eula and the brand and asset usage guidelines and above all do not make commercial use of anything we ve made. the permission we give you to use and play our game can be revoked if you break the terms of this eula when you buy our game we give you permission to install the game on your own personal computer and use and play it on that computer as set out in this eula. this permission is personal to you so you are not allowed to distribute the game or any part of it to anyone else. this also means you cannot sell or rent the game or make it available for access to other people and you cannot pass on or resell any licence keys. you may however give gift codes that have been bought through our official gift code system. this is important to help us stop piracy and fraud and to protect our game. it is also important to prevent members of our community from buying pirated versions of our game or fraudulent licence keys which we may cancel such as in the case of fraud.


if you ve bought the game you may play around with it and modify it. we d appreciate it if you didn t use this for griefing though and remember not to distribute the changed versions of our software. basically mods or plugins or tools are cool you can distribute those hacked versions of the game client or server are not you can t distribute those.


any tools you write for the game from scratch belong to you. modifications to the game mods including pre run mods and in memory mods and plugins for the game also belong to you and you can do whatever you want with them as long as you don t sell them for money try to make money from them. we have the final say on what constitutes a tool mod plugin and what doesn t.


contentif you make any content available on or through our game you must give us permission to use copy modify and adapt that content. this permission must be irrevocable and you must also let us permit other people to use copy modify and adapt your content. if you don t want to give us this permission do not make content available on or through our game. please think carefully before you make any content available because it will be made public and might even be used by other people in a way you don t like.


if you are going to make something available on or through our game it must not be offensive to people or illegal it must be honest and it must be your own creation. the types of things you must not make available using our game include posts that include racist or homophobic language posts that are bullying or trolling posts that might damage our or another person s reputation posts that include porn advertising or someone else s creation or image or posts that impersonate a moderator or try to trick or exploit people.


any content you make available on our game must also be your creation. you must not make any content available using the game that infringes the rights of anyone else. if you post content on our game and we get challenged threatened or sued by someone because the content infringes that persons rights we may hold you responsible and that means you may have to pay us back for any damage we suffer as a result. therefore it is really important that you only make content available that you have created and you don t do so with any content created by anyone else.


our liability. when you get a copy of our game we provide it as is. updates and upgrades are also provided as is. this means that we are not making any promises to you about the standard or quality of our game or that our game will be uninterrupted or error free or for any loss or damage that they cause. we only promise to provide the game and any services with reasonable skill and care and even then you have to accept that we may release games well before they are complete and so they may and often will have bugs but that s a price you pay for getting them so early. the law in most countries says that we can t disclaim liability for death or personal injury caused by our negligence so if your computer gets up and stabs you because of something we ve done wrong then we ll take the hit on that.


termination. if we want we can terminate this eula if you breach the terms. you can terminate it too at any time all you have to do is uninstall the game from your computer and the eula will be terminated. if the eula is terminated you will no longer be allowed to play our game. the paragraphs about ownership of our game our liability and general stuff will continue to apply even after the eula is terminated.


your acceptance by using or visiting the youtube website or any youtube products software data feeds and services provided to you on from or through the youtube website collectively the service you signify your agreement to 1 these terms and conditions the terms of service 2 google s privacy policy found at http www youtube com t privacy and incorporated herein by reference and 3 youtube s community guidelines found at http www youtube com t community_guidelines and also incorporated herein by reference. if you do not agree to any of these terms the google privacy policy or the community guidelines please do not use the service. although we may attempt to notify you when major changes are made to these terms of service you should periodically review the most up to date version http www youtube com t terms. youtube may in its sole discretion modify or revise these terms of service and policies at any time and you agree to be bound by such modifications or revisions. nothing in these terms of service shall be deemed to confer any third party rights or benefits.


youtube accounts in order to access some features of the service you will have to create a youtube or google account. you may never use another s account without permission. when creating your account you must provide accurate and complete information. you are solely responsible for the activity that occurs on your account and you must keep your account password secure. you must notify youtube immediately of any breach of security or unauthorized use of your account. although youtube will not be liable for your losses caused by any unauthorized use of your account you may be liable for the losses of youtube or others due to such unauthorized use.


general use of the service permissions and restrictionsyoutube hereby grants you permission to access and use the service as set forth in these terms of service provided that you agree not to distribute in any medium any part of the service or the content without youtube s prior written authorization unless youtube makes available the means for such distribution through functionality offered by the service such as the embeddable player you agree not to alter or modify any part of the service. you agree not to access content through any technology or means other than the video playback pages of the service itself the embeddable player or other explicitly authorized means youtube may designate. you agree not to use the service for any of the following commercial uses unless you obtain youtube s prior written approval the sale of access to the service the sale of advertising sponsorships or promotions placed on or within the service or content orthe sale of advertising sponsorships or promotions on any page of an ad enabled blog or website containing content delivered via the service unless other material not obtained from youtube appears on the same page and is of sufficient value to be the basis for such sales. prohibited commercial uses do not include uploading an original video to youtube or maintaining an original channel on youtube to promote your business or artistic enterprise showing youtube videos through the embeddable player on an ad enabled blog or website subject to the advertising restrictions set forth above in section 4 d orany use that youtube expressly authorizes in writing. for more information about what constitutes a prohibited commercial use see our faq. if you use the embeddable player on your website you may not modify build upon or block any portion or functionality of the embeddable player including but not limited to links back to the youtube website. if you use the youtube uploader you agree that it may automatically download and install updates from time to time from youtube. these updates are designed to improve enhance and further develop the uploader 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 youtube to deliver these to you as part of your use of the uploader. you agree not to use or launch any automated system including without limitation robots spiders or offline readers that accesses the service in a manner that sends more request messages to the youtube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on line web browser. notwithstanding the foregoing youtube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials. youtube reserves the right to revoke these exceptions either generally or in specific cases. you agree not to collect or harvest any personally identifiable information including account names from the service nor to use the communication systems provided by the service e g comments email for any commercial solicitation purposes. you agree not to solicit for commercial purposes any users of the service with respect to their content. in your use of the service you will comply with all applicable laws. youtube reserves the right to discontinue any aspect of the service at any time.


content is provided to you as is. you may access content for your information and personal use solely as intended through the provided functionality of the service and as permitted under these terms of service. you shall not download any content unless you see a download or similar link displayed by youtube on the service for that content. you shall not copy reproduce distribute transmit broadcast display sell license or otherwise exploit any content for any other purposes without the prior written consent of youtube or the respective licensors of the content. youtube and its licensors reserve all rights not expressly granted in and to the service and the content.


d you understand that when using the service you will be exposed to content from a variety of sources and that youtube is not responsible for the accuracy usefulness safety or intellectual property rights of or relating to such content. you further understand and acknowledge that you may be exposed to content that is inaccurate offensive indecent or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against youtube with respect thereto and to the extent permitted by applicable law agree to indemnify and hold harmless youtube its owners operators affiliates licensors and licensees to the fullest extent allowed by law regarding all matters related to your use of the service.


your content and conductas a youtube account holder you may submit content to the service including videos and user comments. you understand that youtube does not guarantee any confidentiality with respect to any content you submit. you shall be solely responsible for your own content and the consequences of submitting and publishing your content on the service. you affirm represent and warrant that you own or have the necessary licenses rights consents and permissions to publish content you submit and you license to youtube all patent trademark trade secret copyright or other proprietary rights in and to such content for publication on the service pursuant to these terms of service. for clarity you retain all of your ownership rights in your content. however by submitting content to youtube you hereby grant youtube a worldwide non exclusive royalty free sublicenseable and transferable license to use reproduce distribute prepare derivative works of display and perform the content in connection with the service and youtube s and its successors and affiliates business including without limitation for promoting and redistributing part or all of the service and derivative works thereof in any media formats and through any media channels. you also hereby grant each user of the service a non exclusive license to access your content through the service and to use reproduce distribute display and perform such content as permitted through the functionality of the service and under these terms of service. the above licenses granted by you in video content you submit to the service terminate within a commercially reasonable time after you remove or delete your videos from the service. you understand and agree however that youtube may retain but not display distribute or perform server copies of your videos that have been removed or deleted. the above licenses granted by you in user comments you submit are perpetual and irrevocable. you further agree that content you submit to the service will not contain third party copyrighted material or material that is subject to other third party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant youtube all of the license rights granted herein. you further agree that you will not submit to the service any content or other material that is contrary to the youtube community guidelines currently found at http www youtube com t community_guidelines which may be updated from time to time or contrary to applicable local national and international laws and regulations. youtube does not endorse any content submitted to the service by any user or other licensor or any opinion recommendation or advice expressed therein and youtube expressly disclaims any and all liability in connection with content. youtube does not permit copyright infringing activities and infringement of intellectual property rights on the service and youtube will remove all content if properly notified that such content infringes on another s intellectual property rights. youtube reserves the right to remove content without prior notice.


account termination policy youtube will terminate a user s access to the service if under appropriate circumstances the user is determined to be a repeat infringer. youtube reserves the right to decide whether content violates these terms of service for reasons other than copyright infringement such as but not limited to pornography obscenity or excessive length. youtube may at any time without prior notice and in its sole discretion remove such content and or terminate a user s account for submitting such material in violation of these terms of service.


warranty disclaimer you agree that your use of the services shall be at your sole risk. to the fullest extent permitted by law youtube its officers directors employees and agents disclaim all warranties express or implied in connection with the services and your use thereof. youtube makes no warranties or representations about the accuracy or completeness of this site s content or the content of any sites linked to this site and assumes no liability or responsibility for any i errors mistakes or inaccuracies of content ii personal injury or property damage of any nature whatsoever resulting from your access to and use of our services iii any unauthorized access to or use of our secure servers and or any and all personal information and or financial information stored therein iv any interruption or cessation of transmission to or from our services iv any bugs viruses trojan horses or the like which may be transmitted to or through our services by any third party and or v any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted emailed transmitted or otherwise made available via the services. youtube does not warrant endorse guarantee or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising and youtube will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. as with the purchase of a product or service through any medium or in any environment you should use your best judgment and exercise caution where appropriate 10. limitation of liabilityin no event shall youtube its officers directors employees or agents be liable to you for any direct indirect incidental special punitive or consequential damages whatsoever resulting from any i errors mistakes or inaccuracies of content ii personal injury or property damage of any nature whatsoever resulting from your access to and use of our services iii any unauthorized access to or use of our secure servers and or any and all personal information and or financial information stored therein iv any interruption or cessation of transmission to or from our services iv any bugs viruses trojan horses or the like which may be transmitted to or through our services by any third party and or v any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted emailed transmitted or otherwise made available via the services whether based on warranty contract tort or any other legal theory and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction you specifically acknowledge that youtube shall not be liable for content or the defamatory offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.


12. ability to accept terms of serviceyou affirm that you are either more than 18 years of age or an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms conditions obligations affirmations representations and warranties set forth in these terms of service and to abide by and comply with these terms of service. in any case you affirm that you are over the age of 13 as the service is not intended for children under 13. if you are under 13 years of age then please do not use the service. there are lots of other great web sites for you. talk to your parents about what sites are appropriate for you.


13. assignmentthese terms of service and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by youtube without restriction 14. generalyou agree that i the service shall be deemed solely based in california and ii the service shall be deemed a passive website that does not give rise to personal jurisdiction over youtube either specific or general in jurisdictions other than california. these terms of service shall be governed by the internal substantive laws of the state of california without respect to its conflict of laws principles. any claim or dispute between you and youtube that arises in whole or in part from the service shall be decided exclusively by a court of competent jurisdiction located in santa clara county california. these terms of service together with the privacy notice at http www youtube com t privacy and any other legal notices published by youtube on the service shall constitute the entire agreement between you and youtube concerning the service. if any provision of these terms of service is deemed invalid by a court of competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service which shall remain in full force and effect. no waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term and youtube s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. youtube reserves the right to amend these terms of service at any time and without notice and it is your responsibility to review these terms of service for any changes. your use of the service following any amendment of these terms of service will signify your assent to and acceptance of its revised terms. you and youtube agree that any cause of action arising out of or related to the services must commence within one 1 year after the cause of action accrues. otherwise such cause of action is permanently barred.


you may not use the sdk for any purpose not expressly permitted by the license agreement. except to the extent required by applicable third party licenses you may not a copy except for backup purposes modify adapt redistribute decompile reverse engineer disassemble or create derivative works of the sdk or any part of the sdk or b load any part of the sdk onto a mobile handset or any other hardware device except a personal computer combine any part of the sdk with other software or distribute any software or device incorporating a part of the sdk.


you agree that you will not remove obscure or alter any proprietary rights notices including copyright and trademark notices that may be affixed to or contained within the sdk.


you agree to use the sdk and write applications only for purposes that are permitted by a the license agreement 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.


you agree that if you use the sdk to develop applications you will protect the privacy and legal rights of users. if users provide you with user names passwords or other login information or personal information you must make the users aware that the information will be available to your application and you must provide legally adequate privacy notice and protection for those users. if your application stores personal or sensitive information provided by users it must do so securely. if users provide you with google account information your application may only use that information to access the user s google account when and for the limited purposes for which each user has given you permission to do so.


you agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by google or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials.


6 1 in order to continually innovate and improve the sdk google may collect certain usage statistics from the software including but not limited to a unique identifier associated ip address version number of the software and information on which tools and or services in the sdk are being used and how they are being used. before any of this information is collected the sdk will notify you and seek your consent. if you withhold consent the information will not be collected 6 2 the data collected is examined in the aggregate to improve the sdk and is maintained in accordance with google s privacy policy located at http www google com policies privacy.


if you use any api to retrieve data from google you acknowledge that the data may be protected by intellectual property rights which are owned by google or those parties that provide the data or by other persons or companies on their behalf. your use of any such api may be subject to additional terms of service. you may not modify rent lease loan sell distribute or create derivative works based on this data either in whole or in part unless allowed by the relevant terms of service.


if you use any api to retrieve a user s data from google you acknowledge and agree that you shall retrieve data only with the user s explicit consent and only when and for the limited purposes for which the user has given you permission to do so.


10 1 you expressly understand and agree that your use of the sdk is at your sole risk and that the sdk is provided as is and as available without warranty of any kind from google 10 2 your use of the sdk and any material downloaded or otherwise obtained through the use of the sdk is at your own discretion and risk and you are solely responsible for any damage to your computer system or other device or loss of data that results from such use. without limiting the foregoing you understand that the sdk may contain errors defects and security vulnerabilities that can result in significant damage including the complete irrecoverable loss of use of your computer system or other device.


google further expressly disclaims all warranties and conditions of any kind whether express or implied including but not limited to the implied warranties and conditions of merchantability fitness for a particular purpose and non infringement.


export restrictions. the sdk is subject to united states export laws and regulations. you must comply with all domestic and international export laws and regulations that apply to the sdk. these laws include restrictions on destinations end users and end use.


you agree to comply with the google platform developer policies set forth athttp developers google com policies and the google play content policies set forth at http play google com about developer content policy html or other such urls as google may provide for this purpose from time to time the content of your api client including any content supplied by your users or other content providers must follow the google user content and conduct policy at http www google com intl en policy content html.


you may not use user data from our apis for advertising purposes unless i you are explicitly authorized by google or ii you are using an advertising solution that google provides for this purpose. you may not and may not permit any third party to sell or transmit any user data received from our apis including anonymized aggregate or derivative data to any third party ad network or service data broker or other advertising or marketing provider.


notwithstanding the foregoing or section b 1 of the google platform developer policies and provided that you don t operate as an ad network you may use user data from our apis to target ads within your api client where you have sold the ad slot to the advertiser directly directly sold ads and you may make anonymized user data from our apis available to a third party solely to enable that third party to serve directly sold ads to your api client.


if you have third party advertising in your api client which is provided by a google advertising solution you must use an approved third party ad serving 3pas provider subject to google s current 3pas policies at http adwords google com support aw bin answer py hl en answer 94230.


you shall not permit your api client to submit any false gameplay information such as invalid scores for a user in a leaderboard or an achievement that a user did not earn to google. you shall not permit your api client to send or accept an invite to a multiplayer game including automatching requests or to take a turn without an explicit action or request from a user.


for api clients that use their own avatar naming system in place of the user s google identity then you must make clear to users that their gameplay information will still be submitted to google and associated with their google identity and viewable within different google products.


you shall not permit your api client to reveal the user s google identity to other users in multiplayer matches where players are automatically matched using google play games.


our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. in order to help us do that you agree to the following you give us permission to use your name profile picture content and information in connection with commercial sponsored or related content such as a brand you like served or enhanced by us. this means for example that you permit a business or other entity to pay us to display your name and or profile picture with your content or information without any compensation to you. if you have selected a specific audience for your content or information we will respect your choice when we use it. we do not give your content or information to advertisers without your consent. you understand that we may not always identify paid services and communications as such.


you own all of the content and information you post on facebook and you can control how it is shared through your privacy and application settings. in addition for content that is covered by intellectual property rights like photos and videos ip content you specifically give us the following permission subject to yourprivacy and application settings you grant us a non exclusive transferable sub licensable royalty free worldwide license to use any ip content that you post on or in connection with facebook ip license. this ip license ends when you delete your ip content or your account unless your content has been shared with others and they have not deleted it. when you delete ip content it is deleted in a manner similar to emptying the recycle bin on a computer. however you understand that removed content may persist in backup copies for a reasonable period of time but will not be available to others when you use an application the application may ask for your permission to access your content and information as well as content and information that others have shared with you. we require applications to respect your privacy and your agreement with that application will control how the application can use store and transfer that content and information. to learn more about platform including how you can control what information other people may share with applications read our data use policy and platform page. when you publish content or information using the public setting it means that you are allowing everyone including people off of facebook to access and use that information and to associate it with you i e your name and profile picture.


if you include our social plugins such as the share or like buttons on your website the following additional terms apply to you we give you permission to use facebook s social plugins so that users can post links or content from your website on facebook. you give us permission to use and allow others to use such links and content on facebook. you will not place a social plugin on any page containing content that would violate this statement if posted on facebook.


facebook users provide their real names and information and we need your help to keep it that way. here are some commitments you make to us relating to registering and maintaining the security of your account you will not provide any false personal information on facebook or create an account for anyone other than yourself without permission. you will not create more than one personal account. if we disable your account you will not create another one without our permission. you will not use your personal timeline primarily for your own commercial gain and will use a facebook page for such purposes. you will not use facebook if you are under 13 you will not use facebook if you are a convicted sex offender. you will keep your contact information accurate and up to date. you will not share your password or in the case of developers your secret key let anyone else access your account or do anything else that might jeopardize the security of your account. you will not transfer your account including any page or application you administer to anyone without first getting our written permission. if you select a username or similar identifier for your account or page we reserve the right to remove or reclaim it if we believe it is appropriate such as when a trademark owner complains about a username that does not closely relate to a user s actual name.