About Google Books
Overview
Blog
User Stories
General Help

Partner Program
For Publishers & Authors
Join Now
Partner Help

Library Project
Overview
Library Partners
Librarian Help

Perspectives
What's the Issue?
Facts & Fiction
Legal Analysis

divider
Add Book Search to your site

divider

Google Books Free Search Box Terms of Use

Welcome to Google Books free search box (collectively, "Google Books free search box"), owned and operated by Google Inc. ("Google").  By using the Google Books free search box service (the "Service"), you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Use").  Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries.

1.  Service

1.1          Description of Service. 

Google Books free search box search assists You in providing certain search services on the Site (defined below) that enable an End User (defined below) to search specifically for books that are included in the Google Books program.  For purposes of the Terms of Use, "Site" shall mean the Web site or sites (and not any Client Application, as defined below) on which You place JavaScript or similar programming ("Code") which renders the Google search box (or other means used by users of the Site ("End Users") to enter a search query ("Query") on the Site ("Search Box").  If you would like to access Google Book Search free search box through any means other than the Site, including but not limited to through an application such as a toolbar, plug-in, helper, component or other executable code that runs on a user's computer (examples include applications that provide instant messaging, chat, email, data, file viewing, media playing, file sharing, games, internet navigation, search and other services) ("Client Application"), then you must first obtain Google's prior written consent by submitting an email request.  All Queries sent to Google by or on behalf of You must originate from the Site.  Google will receive Queries from You at Google's network interface, process the Queries using Google's search engine and display search results ("Results") on a Results Page.  For purposes of the Terms of Use, "Results Page" is defined as the Google hosted or controlled Web page that contains and displays to an End User the Results from the Service.  Google shall have sole and complete control over the content and format of the Results Pages. 

Unless explicitly stated otherwise, the Service may be modified or terminated at any time by Google for any reason, and without notice, without liability to You, any End User or any third party.  Any new features that augment or enhance the current Service shall be subject to the Terms of Use.

1.2          Modifications.  Google may modify the Terms of Use at any time with or without notice, and you can review the most current version of the Terms of Use online at any time at http://books.google.com/googlebooks/booksearch_terms.html.  If a modification is unacceptable to You, You may cancel the Service on the Site and terminate the Terms of Use by removing the Code and the Search Box from Your Site.  If You continue to use the Code and/or the Search Box on any Site, You will be deemed to have accepted the modifications. 

1.3          Your Obligations.  You shall receive a Query from the End User and shall forward that Query to Google.  You may not in any way frame or cache the Results produced by Google.  Google will not be responsible for receiving Queries from End Users or for transmission of data between You and Google's network interface.  If applicable, You shall provide to Google all information as requested by Google.  You shall be responsible for providing all hardware and software required to perform Your obligations under the Terms of Use, including but not limited to the following: (a) implementing and maintaining the Site, (b) implementing and maintaining the interface between the Site and the Service, and (c) receiving a Query from an End User and transmitting the Query to Google.  

1.4          Appropriate Conduct.  You shall not, and shall not allow any third party to: (a) edit, modify, truncate, filter or change the order of the information contained in any Results (either individually or collectively), including, without limitation, by way of commingling Results with non-Google provided search results or advertising; (b) frame any Results or Results Page; (c) display any Results in pop-up, pop-under, exit windows, expanding buttons, or animation; (d) display any Results to any third parties other than End Users; (e) minimize, remove or otherwise inhibit the full and complete display of any Results Page (including any Results); (f) directly or indirectly access, launch and/or activate the Service through or from, or otherwise incorporate the Service in, any Client Application, Web site or other means other than the Site, and then only to the extent expressly permitted herein; (g) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes any Service or access thereto (including, but not limited to Results, or any part, copy or derivative thereof); (h) enter into any arrangement or agreement under which any third party pays You fees, You pay any third party fees, or either shares in any revenue payments and/or royalties for any Results; (i) directly or indirectly generate queries, or impressions of or clicks on Results, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro programs, and Internet agents); (j) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Service or any other Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (k) remove, deface, obscure, or alter Google's copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Service or any other Google technology, software, materials and documentation; (l) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from the Service (including, but not limited to, Results, or any part, copy or derivative thereof); (m) create or attempt to create a substitute or similar service or product through use of or access to any of the Service or proprietary information related thereto; and/or (n) engage in any action or practice that reflects poorly on Google or otherwise disparages or devalues Google's reputation or goodwill.  Further, the Site shall not contain any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights.

1.5          Advertising.  Google shall have the exclusive right to serve advertisements on any Web pages that contain the Results provided by Google.  You shall not in any way or for any purpose (including for purposes of advertising) frame any Results or Results Page provided by Google.

2.  Proprietary Rights

2.1          Google Rights.  For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.  As between You and Google, You acknowledge that Google owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service (including Google's search engine technology and Google Brand Features, and excluding items licensed by Google from third parties), and that You shall not acquire any right, title, or interest in or to the Service (including Google's search engine technology and Google Brand Features), except as expressly set forth in the Terms of Use.  AdWords, AdSense, GOOGLE, the "Google" logo, and other marks that incorporate the word GOOGLE and PAGERANK, are trademarks of Google.

2.2          Brand Feature License.  For purposes of the Terms of Use, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.  Google hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Google's Brand Features for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to Google a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service.  Any use of the Google Brand Features is subject to the Google Brand Features Guidelines, currently available at http://www.google.com/permissions/guidelines.html  Google may modify the Google Brand Features or the Google Brand Features Guidelines from time to time and Google will post such notice on the Google Web site.  You agree that Your respective products and/or services that are associated with Google's Brand Features shall meet the same general level of quality as is provided by Google in connection with Google's own Brand Features.  Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features.  All use by You of Google's Brand Features (including any goodwill associated therewith) shall inure to the benefit of Google.  At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Google (except to the extent such restriction is prohibited by law) or the registration thereof by Google, nor shall You attempt to register any Brand Features (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to those of Google.

2.3          Attribution. The Search Box shall conspicuously display a graphic (available within the Code) that indicates that the Service is provided by Google.  The graphic shall link to the Google site located at http://books.google.com or such other address as Google may designate from time to time during the Term.

2.4          Digital Millennium Copyright Act.  It is Google's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.  For directions and more information, please see http://www.google.com/dmca.html.

3.  Privacy Policy.  Google's collection and use of personal information is governed by Google's Privacy Policy, available at http://www.google.com/privacy.html.  You understand and agree that Google may access, preserve, and disclose Your personal information and the contents of Your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights, property and/or safety of Google, its affiliates or the public.  Personal information collected by Google may be stored and processed in the United States or any other country in which Google or its agents maintain facilities.  By using the Service, you consent to any such transfer of information outside of your country.

4.  Warranties and Disclaimer.

4.1          Google Disclaimer of Warranties.  GOOGLE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE AND BRAND FEATURES. THE SERVICE AND BRAND FEATURES ARE DISTRIBUTED AND PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.  GOOGLE DOES NOT WARRANT THAT THE GOOGLE SERVICE AND BRAND FEATURES WILL MEET YOUR REQUIREMENTS OR THAT PERFORMANCE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE INCLUDING ANY ERRORS OR OMISSIONS IN THE SEARCH RESULTS OBTAINED THROUGH USE OF THE SERVICE. 

4.2          Your Warranties.  You warrant that: (1) all information provided by You to Google in connection with the Service is true and accurate; (2) You have read and agree to Google's terms and conditions agreement, available at http://www.google.com/terms_of_service.html; (3) You have full power and authority to enter into the Terms of Use; (4) Your Brand Features, Content (defined as all editorial, text, graphic, audiovisual, and other content that is served to End Users of the Site and that is not provided by Google), or Site do not (a) infringe any Intellectual Property Rights of any third party, (b) constitute defamation, libel or obscenity, (c) result in any consumer fraud, product liability, breach of contract to which You are a party or cause injury to any third party, (d) promote violence or contain hate speech, (e) violate any applicable law, statute, ordinance, or regulations, or (f) contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age; (5) You will seek all necessary governmental approvals required to effectuate the Terms of Use; and (6) You shall perform all of Your obligations under the Terms of Use in accordance with applicable laws.

5.  Indemnification.  You will indemnify, defend, and hold Google harmless from any third party lawsuit or proceeding brought against Google based upon a claim that would constitute a breach of any warranty, representation or covenant made by You under the Terms of Use, including but not limited to any third party lawsuit or proceeding brought against Google based upon a claim that the Content, Site, or Your Brand Features infringe any copyright, trade secret or trademark of the third party.  Your indemnification will include (1) all attorneys' fees and costs associated with the defense of such a claim, (2) all damages and costs finally awarded, and (3) the full cost of any settlement entered into by You.  Google shall (1) notify You of any such claim, (2) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by You), and (3) give You full control and sole authority over the defense and settlement of such claim.  You will not enter into any settlement or compromise of any such claim without Google's prior consent, which shall not be unreasonably withheld.

6.  Limitation of Liability.  GOOGLE SHALL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE TERMS OF USE OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE GOOGLE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF GOOGLE WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.  THE SERVICE ARE PROVIDED WITHOUT CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE TERMS OF USE.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN THE EVENT THAT A COURT DETERMINES THAT GOOGLE MAY NOT DISCLAIM THE DAMAGES SET FORTH ABOVE, UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).

7.  Term and Termination.

7.1          Term.  The term of the Terms of Use (the "Term") shall commence on the date upon which You add Code to Your Site and shall continue in force thereafter, unless terminated as provided herein.

7.2          Termination.  Google may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may terminate Your use of the Service at any time.  In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Google or otherwise disparages or devalues the Google Brand Features or Google's reputation or goodwill.  If You desire to terminate the Terms of Use, You must remove the Code and the Search Box from Your Site.

7.3          Rejection of Application.  Google shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Google.  Google shall not be liable to You for damages of any sort resulting from its decision to reject such a request.

7.4          Effect of Termination.  Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all Google Brand Features, Code and Search Box from the Site.

7.5          Survival.  In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 4, 5, 6, 7.4, 7.5, 7.6, and 8 shall survive termination.  Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.

7.6          Remedies.  You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Google, the extent of which would be difficult to ascertain.  Accordingly, You agree that, in addition to any other remedies to which Google may be legally entitled, Google shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.

8.  Miscellaneous.  Any notice to Google required for or permitted by the Terms of Use shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally, (ii) by overnight courier upon written verification of receipt, or (iii) by certified or registered mail, return receipt requested, upon verification of receipt.  All notices to Google must be sent to the attention of the Google Legal Department at the Google Headquarters address as provided at: www.google.com/corporate/address.html.  You may not assign your rights or delegate your obligations under the Terms of Use without Google's prior written consent.  The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.  Any dispute or claim arising out of or in connection with the Terms of Use shall be adjudicated in Santa Clara County, California.  The parties are independent contractors.  Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.  Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, acts of God, war, governmental action, or any other cause, which is beyond the reasonable control of such party.  You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of Your obligations under the Terms of Use.  The failure of Google to require performance by You of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Google of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms of Use shall remain in full force and effect.  THE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF.  THE TERMS OF USE SUPERSEDE, AND THE TERMS OF THE TERMS OF USE GOVERN, ANY OTHER PRIOR OR COLLATERAL AGREEMENTS WITH RESPECT TO THE SUBJECT MATTER HEREOF.

©2011 Google - Home - About Google - Privacy Policy