Google Open Gallery Terms of Service

Last modified: March 3, 2014

Welcome to Google Open Gallery!

Google Open Gallery ("Google Open Gallery" or the "Platform") provides tools and technologies to help create, preserve, and promote access to culture and heritage by enabling you to bring a global audience to your cultural content. Our Platform may also allow you to create a mobile application that includes your cultural content ("Mobile Application").

The Platform is provided by Google Inc. ("Google"), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

By using our Platform, you are agreeing to these terms. Please read them carefully.

Our Platform may also use features of other Google products and services, so sometimes additional terms or product requirements (including age requirements) may apply to those uses. For example, to the extent the Platform uses the Google Maps/Earth APIs, you agree that the Google Maps/Google Earth APIs Terms of Service govern your use of those APIs. Agreeing to these additional terms enables you to benefit from the technical features of other Google products and services, but does not affect your rights in your content; those rights are governed by the section below called "Your Content in our Platform."

Using our Platform

You must follow any policies made available to you within the Platform.

Don't misuse our Platform. For example, don't interfere with our Platform or try to access it using a method other than the interface and the instructions that we provide. You may use our Platform only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Platform to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Platform does not give you ownership of any intellectual property rights in our Platform or the content you access. You may not use content from our Platform unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Platform. Don't remove, obscure, or alter any legal notices displayed in or along with our Platform.

Our Platform displays some content that is not Google's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.

In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our Platform is available for mobile device implementations. Do not use the Platform in a way that will distract your users and prevent them from obeying traffic or safety laws.

Mobile Application

Our Platform may include functionality that allows you to create and distribute a Mobile Application with your content. You may distribute or sell your Mobile Application or content within your Mobile Application using the method of your choice. Your use and distribution of the Mobile Application is subject to these terms and any policies and requirements set forth in our Platform.

If you choose to make a Mobile Application available on the Google Play Store, you must have a Google Play publisher account and accept the Google Play Developer Distribution Agreement.

Your Google Account

You may need a Google Account in order to use some of our Platform's features. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions.

Privacy and Copyright Protection

Google's privacy policies explain how we treat the personal data you provide to us and how we protect your (and your users') privacy when you use our Platform. By using our Platform, you agree that Google can use such data in accordance with our privacy policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google's policy about responding to notices in our Help Center.

Your Content in our Platform

Our Platform allows you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

Our Platform will give you the option to make your content discoverable either (a) narrowly, through Google Open Gallery only; or (b) broadly, through both Google Open Gallery and other Google products and services (collectively, the "Discoverability Options").

When you upload or otherwise submit content to our Platform, you give Google (and those we work with) a non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Platform), communicate, publish, publicly perform, publicly display and distribute such content according to the Discoverability Options you select through the Platform.

The rights you grant in this license are for the limited purpose of operating and promoting the Platform, and improving the discoverability of your content according to the Discoverability Options you select through the Platform.

You can access and remove your content from the Platform at any time, and we will stop using the content that you provided through the Platform as soon as our systems are able to delete the content from our licensed content databases. Also, there are terms or settings that narrow the scope of our use of the content submitted through the Platform.

Make sure you have the necessary rights to grant us this license for any content that you submit to our Platform.

You are solely responsible for the selection and organization of your content on the Platform. Your use of the Platform is subject to the Google Open Gallery Content Policy. We may suspend or stop providing the Platform to you if you do not comply with our terms or policies.

Because we believe you should decide whether and how to directly monetize your content, you can choose to monetize your content through the Platform or your Mobile Application; Google will not charge fees for, display advertisements alongside, or otherwise monetize your content through the Platform or your Mobile Application. If you select a Discoverability Option that allows your content to be broadly discoverable through other Google products and services, the advertising and monetization policies of those other Google products and services will apply.

If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1s, reviews you write and comments you post) in our Platform, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad.

You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Platform. If you submit feedback or suggestions about our Platform, we may use your feedback or suggestions without obligation to you.

About Software in our Platform

When the Platform requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. The Platform may let you adjust your automatic update settings.

Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Platform. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Platform 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.

Open source software is important to us. Some software used in our Platform may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Platform

We are constantly changing and improving our Platform. We may add or remove functionalities or features, and we may suspend or stop the Platform altogether.

You can stop using our Platform at any time, although we'll be sorry to see you go. Google may also stop providing Platform to you, or add or create new limits to our Platform at any time. If we change or discontinue the Platform, it may result in changes to or discontinuation of your Mobile Application.

We believe that you own your data and preserving your access to such data is important. If we discontinue the Platform, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of the Platform.

Google will also use commercially reasonable efforts to continue to operate the Platform for at least one year after the announcement unless (as Google determines in its reasonable good faith judgment):

Our Warranties and Disclaimers

We provide our Platform using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Platform.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORM. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PLATFORM, THE SPECIFIC FUNCTIONS OF THE PLATFORM, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PLATFORM "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Platform

WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE PLATFORM (OR, IF WE CHOOSE, TO SUPPLYING YOU THE PLATFORM AGAIN).

IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Platform

If you are using our Platform on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Platform or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

About these Terms

We may modify these terms or any additional terms that apply to the Platform to, for example, reflect changes to the law or changes to our Platform. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Google product or service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Platform or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Platform, you should discontinue your use of the Platform.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Google and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Platform. All claims arising out of or relating to these terms or the Platform 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.

For information about how to contact Google, please visit our contact page.