Google AdSense Online Terms of
Service
1.
Welcome to AdSense!
Thanks 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 Inc., 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 14 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 authorized 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 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.
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 license for use of such software. This license 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. Other
than distributing content via the AdMob SDK, 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 license 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 license 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 labeled 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 business 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. 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 monetize 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; Warranties;
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 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 NEEDS. WE PROVIDE EACH SERVICE
“AS IS”.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL
WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE
WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR
A PARTICULAR PURPOSE.
13. Limitation of Liability
TO THE EXTENT 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, OR
PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND (ii) EACH
PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET
AMOUNT RECEIVED 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 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, and will be litigated exclusively in the federal or
state courts of Santa Clara County, California, USA, and you and Google
consent to personal jurisdiction in those courts.
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,
labor 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.
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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:
| Yes, I have read and accept the Agreement.
(You represent that you are an administrator for this Account and that you are authorized to act on behalf of, and bind to this Agreement, the owner of this Account.) | |
| Ask me the next time I log in.
(Note: If these Terms and Conditions are not accepted, you will not be able to continue using AdSense.) | |
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