Ads of Google adsense
Google AdSense
1.Welcome to AdSense.
Thank you for
your interest in our search and advertising services (the “Services”).
By using our
Services, you agree to these terms (the “AdSense Terms”), the AdSense
Program Policies, and the Google Branding Guidelines (collectively, the “Agreement”). If
ever in conflict, to the extent of such conflict, the AdSense Terms will take
precedence over any other terms of the Agreement. Please read the Agreement
carefully.
As used in the
Agreement, “you” or “publisher” means the individual or entity using the
Services (and/or any individual, entity or successor entity, agency or network
acting on your behalf), “we”, “us” or “Google” means Google Asia Pacific Pte. Ltd., and the “parties” means
you and Google.
2. Access to the Services; AdSense
Accounts
Your use of
the Services is subject to your creation and our approval of an AdSense account
(an “Account”). We have the right to refuse or limit your access to the
Services. By submitting an application to use the Services, if you are an
individual, you represent that you are at least 18 years of age. You may only
have one Account.
By enrolling
in AdSense, you permit Google
to serve, as applicable, (i) advertisements
and other content (“Ads”), (ii) Google search boxes and search results and (iii) related
search queries and other links to your websites, mobile applications, media
players, mobile content and/or other properties approved by Google (each
individually a “Property”). In addition, you grant Google the right to
access, index and cache the Properties or any portion thereof, including by automated
means. Google may refuse to provide the Services to any
Property.
Any Property
that is a software application and accesses our Services (a) may require
preapproval by Google in writing, and (b) must comply with Google’s Software Principles.
3.Using
our Services
You may use
our Services only as permitted by this Agreement and any applicable laws. Don’t
misuse our Services. For example, don’t interfere with our Services or try to
access them using a method other than the interface and the instructions that
we provide.
You may
discontinue your use of any Service at any time by removing the relevant code
from your Properties.
4.Changes to our
Services; Changes to the Agreement
We are
constantly changing and improving our Services. We may add or remove
functionalities or features of the Services at any time, and we may suspend or
stop a Service altogether.
We may modify
the Agreement at any time. We’ll post any modifications to the Adsense Terms on this page and any modifications to the AdSense Program Policies or the
Google Branding Guidelines on their respective pages.
Changes will not apply retroactively and generally will become effective 30
days after they are posted. However, changes addressing new functions for a
Service or changes made for legal reasons will be effective immediately. If you
don’t agree to any modified terms in the Agreement, you’ll have to stop using
the affected Services.
5. Payments
Subject to
this Section 5 and Section 10 of these AdSense Terms, you will receive a
payment related to the number of valid clicks on Ads displayed on your
Properties, the number of valid impressions of Ads displayed on your Properties
or other valid events performed in connection with the display of Ads on your
Properties, in each case as determined by Google.
Except in the
event of termination, we will pay you by the end of the calendar month
following any calendar month in which the earned balance in your Account equals
or exceeds the applicable payment threshold. If you implement search Services,
our payments may be offset by any applicable fees for such Services.
Unless
expressly authorised in writing by Google, you may not enter into any type of arrangement
with a third party where that third party receives payments made to you under
the Agreement or other financial benefit in relation to the Services.
Payments will
be calculated solely based on our accounting. Payments to you may be withheld
to reflect or adjusted to exclude any amounts refunded or credited to
advertisers and any amounts arising from invalid activity, as determined by Google in its sole
discretion. Invalid activity is determined by Google in all cases
and includes, but is not limited to, (i) spam, invalid queries, invalid
impressions or invalid clicks on Ads generated by any person, bot, automated
program or similar device, including through any clicks or impressions
originating from your IP addresses or computers under your control; (ii) clicks
solicited or impressions generated by payment of money, false representation or
requests for end users to click on Ads or take other actions; (iii) Ads served
to end users whose browsers have JavaScript disabled and (iv) clicks or
impressions co-mingled with a significant amount of the activity described in
(i, ii and iii) above.
In addition to
our other rights and remedies, we may (a) withhold and offset any payments owed
to you under the Agreement against any fees that you owe us under the Agreement
or any other agreement, or (b) require you to refund us within 30 days of any
invoice, any amounts we may have overpaid to you in prior periods. If you
dispute any payment made or withheld relating to the Services, you must notify Google in writing
within 30 days of any such payment. If you do not, any claim relating to the
disputed payment is waived. If an advertiser whose Ads are displayed on any
Property defaults on payment to Google, we may withhold payment or charge back your
account.
To ensure
proper payment, you are responsible for providing and maintaining accurate
contact and payment information in your Account. You are responsible for any
charges assessed by your bank or payment provider.
6. Taxes
As between you
and Google, Google is responsible for all taxes (if any) associated
with the transactions between Google and advertisers in connection with Ads displayed
on the Properties. You are responsible for all taxes (if any) associated with
the Services, other than taxes based on Google’s net income.
All payments to you from Google in relation to the Services will be treated as
inclusive of tax (if applicable) and will not be adjusted. If Google is obligated
to withhold any taxes from its payments to you, Google will notify
you of this and will make the payments net of the withheld amounts. Google will provide
you with original or certified copies of tax payments (or other sufficient
evidence of tax payments) if any of these payments are made by Google.
7.Intellectual Property; Brand Features
Other than as
set out expressly in the Agreement, neither party will acquire any right, title
or interest in any intellectual property rights belonging to the other party or
to the other party’s licensors.
If Google provides you
with software in connection with the Services, we grant you a non-exclusive,
non-sublicensable licence for use of such software. This licence is for the
sole purpose of enabling you to use and enjoy the benefit of the Services as
provided by Google, in the manner permitted by the Agreement. You may
not copy, modify, distribute, sell or lease any part of our Services or
included software, nor may you reverse engineer or attempt to extract the
source code of that software, unless laws prohibit those restrictions or you
have our written permission. You will not remove, obscure or alter Google’s copyright notice, Brand Features or
other proprietary rights notices affixed to or contained within any Google services,
software or documentation.
We grant you a
non-exclusive, non-sublicensable licence to use Google’s trade names, trademarks, service marks, logos, domain names and other
distinctive brand features (“Brand Features”) solely in connection with
your use of the Services and in accordance with the Agreement and the Google Branding
Guidelines. We may revoke this licence at any time. Any goodwill arising from
your use of Google’s Brand
Features will belong to Google We may include your name and Brand Features in our
presentations, marketing materials, customer lists and financial reports.
8.Privacy
Our privacy
policy explains how we treat your personal data and protect your privacy
when you use our Services. By using our Services, you agree that Google can use such
data in accordance with our privacy policy.
You will
ensure that at all times you use the Services, the Properties have a clearly
labelled and easily accessible privacy policy that provides end users with
clear and comprehensive information about cookies, device-specific information,
location information and other information stored on, accessed on, or collected
from end users’ devices in connection with the Services, including, as
applicable, information about end users’ options for cookie management. You
will use commercially reasonable efforts to ensure that an end user gives
consent to the storing and accessing of cookies, device-specific information,
location information or other information on the end user's device in
connection with the Services where such consent is required by law.
9.Confidentiality
You agree not
to disclose Google Confidential Information without our prior written
consent. "Google Confidential Information"
includes: (a) all Google software, technology and documentation relating to
the Services; (b) click-through rates or other statistics relating to Property
performance as pertaining to the Services; (c) the existence of, and
information about, beta features in a Service and (d) any other information
made available by Google that is marked confidential or would normally be
considered confidential under the circumstances in which it is presented. Google Confidential
Information does not include information that you already knew prior to your
use of the Services, that becomes public through no fault of yours, that was
independently developed by you, or that was lawfully given to you by a third
party. Notwithstanding this Section 9, you may accurately disclose the amount
of Google’s gross
payments resulting from your use of the Services.
10. Termination
You may
terminate the Agreement at any time by completing the account
cancellation process. The Agreement will be considered terminated within 10 working days of Google's receipt of your notice. If you terminate the Agreement and your earned
balance equals or exceeds the applicable threshold, we will pay you your earned
balance within approximately 90 days after the end of the calendar month in
which the Agreement is terminated. Any earned balance below the applicable threshold will remain
unpaid.
Google may at any
time terminate the Agreement, or suspend or terminate the participation of any
Property in the Services for any reason. The parties agree to waive any
provisions of local law which may limit, restrict, require a court order or
otherwise inhibit Google’s ability to
terminate this Agreement at its sole discretion. If we terminate the Agreement
due to your breach or due to invalid activity, we may withhold unpaid amounts
or charge back your account. If you breach the Agreement or Google suspends or terminates
your Account, you (i) will not be allowed to create a new Account and (ii) may
not be permitted to monetise content on other Google products.
11. Indemnity
You agree to
indemnify and defend Google, its affiliates, agents and advertisers from and
against any and all third-party claims and liabilities arising out of or
related to the Properties, including any content served on the Properties that
is not provided by Google, your use of the Services, or your breach of any
term of the Agreement. Google’s advertisers
are third-party beneficiaries of this indemnity.
12. Representations;Warrantie;Disclaimers
You represent
and warrant that (i) you have full power and authority to enter into the
Agreement; (ii) you are the owner of, or are legally authorized to act on
behalf of the owner of, each Property; (iii) you are the technical and
editorial decision maker in relation to each Property on which the Services are
implemented and that you have control over the way in which the Services are
implemented on each Property; (iv) Google has never previously terminated or otherwise
disabled an AdSense account created by you due to your breach of the Agreement
or due to invalid activity; (v) entering into or performing under the Agreement
will not violate any agreement that you have with a third party or any
third-party rights and (vi) all of the information provided by you to Google is correct
and current.
Other
than as expressly set out in the agreement,we do not make any promises about
the services. For example,we don’t make any commitments about the content
within the services the specific function of the services, or their
profitability,reliability,availability or ability to meet your need’s.we
provide each service “as is”
To the exetent permitted by law,we excluded all
warranties, express,statutory or implied. we expressly disclaim the warranties
or conditions of non-infringement, merchantability and fitness for a particular
purpose. To the exetent such statutory warranties
or conditions apply and cannot be excluded, to the exetent to which Google is allowed, Google limites it’s liability in respect of any clai
under those warranties or conditions to,
at Google’s option,the
supplying of the services again or the payment of the cost of having the
services supplied again. Nothing in this Agreement, including Sections 11, 12
and 13, shall exclude or limit Google’s warranty or
liability for losses which may not be lawfully excluded or limited by
applicable law. Some jurisdictions do not allow the exclusion of certain
warranties or conditions or the limitation or exclusion of liability for loss
or damage caused by negligence, breach of contract or breach of implied terms
or incidental or consequential damages. Accordingly, only the limitations which
are lawful in your jurisdiction will apply to you and Google’s liability will be limited to the maximum extent permitted by law.
13. Limitation
of Liability
To the exetent permitted by law, except for any
indemnification obligations hereunder or your breach of any intellectual property rights, confidentiality obligations and/or
proprietary interests relating to the agreement, (i) in no event shall either
party be liable under the agreement for any consequential,special,indirect
exemplary,punitive damages or losses and expnses whether in contract,tort or
any other theory,even if such party has been advised of the possibility of such damages or losses and
notwithstanding any failure of essential purpose of any lmited remedy and (ii)
each party’s aggregate liability under the agreement is limited to the net
amount recived and retained by that particular party in connection with this
agreement during the three month period immediately preceding the date of the
claim.each party acknowledges that the other party has entered into the agreement
relying on the limitations of liability of stated herein and that those
limitations are an essential basis of the bargain between the parties.
14.Miscellaneous Entire Agreement; Amendments
The Agreement
is our entire agreement relating to your use of the Services and supersedes any
prior or contemporaneous agreements on that subject. This Agreement may be
amended (i) in a writing signed by both parties that expressly states that it
is amending the Agreement, or (ii) as set forth in Section 4, if you keep using
the Services after Google modifies the Agreement.
Assignment. You may
not assign or transfer any of your rights under the Agreement.
Independent
Contractors. The parties are independent contractors and the Agreement does not
create an agency, partnership or joint venture.
No Third-Party
Beneficiaries. Other than as
set forth in Section 11, this Agreement does not create any third-party
beneficiary rights.
No Waiver. Other than as set forth in
Section 5, the failure of either party to enforce any provision of the
Agreement will not constitute a waiver.
Severability. If it
turns out that a particular term of the Agreement is not enforceable, the
balance of the Agreement will remain in full force and effect.
Survival.
Sections 7, 9, 10, 11, 13 and 14 of these AdSense Terms will survive
termination.
Governing Law;
Venue. All claims arising out of or relating to this Agreement or the
Services will be governed by California law, excluding California’s conflict of
laws rules. The parties will try in good faith to settle any dispute relating
to the Agreement (“Dispute”) within 30 days after such Dispute arises.
If the Dispute is not resolved within 30 days, it must be resolved by
arbitration by the International Centre for Dispute Resolution of the American
Arbitration Association and conducted in accordance with its Expedited
Commercial Rules in force as of the date of the Agreement. There will be one
arbitrator selected by mutual agreement of the parties. The arbitration will be
conducted in English in Santa Clara County, California, USA. Either party may
apply to any court having jurisdiction for injunctive relief necessary to
protect its rights pending resolution of the arbitration. Any decision rendered
by the arbitrator will be final and binding on the parties, and judgment
thereon may be entered by any court of competent jurisdiction. The arbitrator
may order equitable or injunctive relief consistent with the remedies and
limitations in the Agreement. All information disclosed in connection with the
arbitration, including the existence of the arbitration, will be Confidential
Information governed by the confidentiality provision of Section 9. The parties
may, however, disclose such information to an appropriate court under
confidentiality restrictions, as necessary to seek enforcement of any
arbitration award or judgment or to seek any relief permitted under the terms
hereof.
Force Majeure. Neither
party will be liable for inadequate performance to the extent caused by a
condition (for example, natural disaster, act of war or terrorism, riot, labour
condition, governmental action and Internet disturbance) that was beyond the
party’s reasonable control.
Communications.
In connection with your use of the Services, we may contact you regarding
service announcements, administrative messages and other information. You may
opt out of some of those communications in your Account settings. For
information about how to contact Google, please visit our contact page.
15. Service-Specific
Terms
If you choose
to implement any of the following Services on a Property, you also agree to the
additional terms identified below:
AdMob:theAdMobPublisher Guidelines and Policies.
Custom Search
Engine: the Custom Search Engine Terms of Service.
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