Google

Terms of Service for Google eBooks (“Terms of Service”)

Welcome to Google eBooks!

Thanks for using the Google eBooks Digital Content store (the “Service”), which allows you to view, download, display and use a variety of digitised electronic content, such as books, journals and other periodicals, and other digital content ("Google Digital Content").

There are 4 different ways that you can buy Google Digital Content, and we have set these out below:

Sales from a Google website

You can buy Google Digital Content from a website owned or operated by Google. When you buy Google Digital Content this way, you will either buy Google Digital Content:

directly from Google Ireland Limited (which is referred to as “Google”, “we”, “our”, or “us” in these Terms of Service) (a “Direct Sale”); or
from the publisher of the Google Digital Content (the “Publisher”), where Google is acting as agent for the Publisher (an “Agency Sale”).

Sales from a third party website

You can also buy Google Digital Content from one of our third party retailer partners (a “Third Party Seller”). When you buy Google Digital Content in this way, you will either buy Google Digital Content:

directly from the Third Party Seller acting as an authorized reseller for Google (a “Bookseller Sale”)
from the Publisher, where the Third Party Seller is acting as a sub-agent (a “Sub-Agent”) for the Publisher (a “Sub-Agency Sale”).

Each time that you purchase Google Digital Content, you enter into a contract based on these Terms of Service with: Google in relation to the use of the Service and (in the case of a Direct Sale) the purchase of that Google Digital Content; and also (in the case of Agency Sales and Sub-Agency Sales) with the Publisher of the Google Digital Content you have purchased.

Date Published: 6 October 2011

1. General Google Terms of Service

In addition to these Terms of Service, the Google Terms of Services for your location (found at http://www.google.co.uk/accounts/TOS) (“General Google Terms of Service”), apply to your use of the Service and to the Google Digital Content that you access and/or purchase through this Service. In relation to your use of the Service and your purchase of Google Digital Content, and for the purpose of your contract with us (and your contract with the Publisher, in the case of an Agency Sale or a Sub-Agency Sale), all references to "Google Inc." in the General Google Terms of Service are to be read as references to Google Ireland Limited. For Agency and Sub-Agency Sales the statement in paragraph 20.6 of the General Google Terms of Service that “Other than this, no other person or company shall be third party beneficiaries to the Term” shall not apply to your use of the Service.
Please read these Terms of Service and the General Google Terms of Service. If you do not understand the General Google Terms of Services or these Terms of Service, or do not accept any part of them, then you should not use the Service or purchase Google Digital Content. If there is any conflict between these Terms of Service and the General Google Terms of Service, then these Terms of Service will override for that conflict.
Changes to the General Google Terms of Service: Google may change the General Google Terms of Service from time to time, as explained in those terms, and post any modified terms at http://www.google.co.uk/accounts/TOS (Google may update this web address from time to time). If you use the Service after the date on which the General Google Terms of Service have changed, Google will treat your use as acceptance of the updated General Google Terms of Service. If you do not understand or accept the updated General Google Terms of Service then you should not continue to use the Service. This paragraph does not apply to changes that we make to these Terms of Service, which changes are addressed below.

2. Acceptance and Amendment of these Terms of Service

The first time you order Google Digital Content either from a Google website or a third party website, you will be asked to confirm that you accept these Terms of Service. These Terms of Service will apply to your first purchase of Google Digital Content, and then all subsequent purchases, until we notify you of changes to these Terms of Service.
Our contract with you (and, in particular, these accepted Terms of Service) will not be filed by Google.
We will occasionally need to amend or modify these Terms of Service or any additional terms that apply to the Service and the purchase of Google Digital Content. For example we may need to make amendments to reflect changes to the law or changes to our services.
If these Terms of Service change, you will be asked to accept new terms before you next purchase Google Digital Content. Once you have accepted the new terms, they will apply to your use of all Google Digital Content (including Google Digital Content you have purchased in the past) and all subsequent purchases, until we notify you of further changes. If you refuse to accept the updated terms then you will not be able to buy any further Google Digital Content from the Services, and the latest version of these Terms of Service that you accepted will continue to apply to your use of the Google Digital Content. In this case we will, if we are able to do so, give you a reasonable period of time in which to download a copy of any Google Digital Content you have previously bought from the Service to your Device, and you may continue to view that copy of the Google Digital Content on your Device(s) (as defined below) in accordance with the last version of these Terms of Service accepted by you. After that time has expired, you will not be given a further opportunity to download the Google Digital Content you have previously bought. If you refuse to accept the updated terms, it is possible that you will no longer be able to use the Services to access the Google Digital Content you have already bought. In some circumstances you may still be able to access the Google Digital Content you have already bought on the Services (although you may not be able to make use of the full functionality of the Services; for example you may not be able to make use of associated support services). If you wish to purchase any more Google Digital Content, you will need to accept the latest version of these Terms of Service, and may need to create a new account.
If you are buying Google Digital Content from a Third Party Seller website, the Third Party Seller might require you to accept additional terms. In the event of any conflict, these Terms of Service prevail.
The Service is designed to evolve and change from time to time. As we work to improve the Service we may, for example, make changes and improvements to the way that you can view and access the Google Digital Content (including Google Digital Content you have purchased in the past).

3. Usage Requirements

To use the Service, and to access and download Google Digital Content that you purchase, and that you have purchased in the past, you will need to have the following “Requirements” in place:
1. a compatible Device (as defined below); working Internet access; and compatible software (please see 3(b) below for more information in relation to compatible Devices and software);
2. every time you want to download Google Digital Content (including Google Digital Content that you have purchased in the past), then you will need to be connected to the Internet; and
3. you may also need to install updates to the Service that we introduce from time to time in order to use the Service and to access and download Google Digital Content you purchase and that you have purchased in the past. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
Your ability to use the Service, to purchase Google Digital Content, and the performance of the Service and Google Digital Content may be affected by these Requirements. It is your responsibility to make sure you have all those Requirements in place before you make a purchase and whenever you want to access the Google Digital Content that you have purchased.
For more information on the system requirements including what devices ("Device(s)") are compatible with the Service and the purchase of and access to Google Digital Content, please look at books.google.co.uk/help/ebooks/device.html.

4. Google Digital Content

When you buy Google Digital Content from a Google website, your contract for the purchase and use of that item of Google Digital Content is completed once you click “Complete your purchase”, and you are not able to withdraw from the contract after that point. Service delivery will begin straight away. When you place a pre-order for Google Digital Content, your contract for the purchase and use of that item of Google Digital Content is completed when the Google Digital Content becomes available in your account, and you are not able to withdraw from the contract after that point. Please see paragraph 7 for your cancellation rights for pre-ordered Google Digital Content. When you purchase the Google Digital Content from a Third Party Seller website, your contract for the purchase and use of that item is completed when you affirmatively accept these Terms of Service.
Once you pay for Google Digital Content it will, subject to these Terms of Service and the General Google Terms of Service, be available to you through the Service for as long as Google and the applicable copyright holder have rights to provide you that Google Digital Content. You have a non-exclusive right to download, subject to the restrictions set out below, copies of the Google Digital Content that you purchase to your Devices, and to view, use, and display such Google Digital Content on your Devices or as otherwise authorised as part of the Service, for your personal non-commercial use and always in accordance with these Terms of Service and the Google Terms of Service, including the restrictions below.
Restrictions:
1. You may not use the Service and may not purchase Google Digital Content if you are under the age of 18.
2. You may only use Google Digital Content for your personal non-commercial use. For the avoidance of doubt, you may not use Google Digital Content as part of a library service or for the purpose of any other institution.
3. Select, copy and paste functions may be available for some Google Digital Content, but will not be available for all Google Digital Content, and you must use these functions within the prescribed limits and only for personal non-commercial purposes.
4. You may not use the Google Digital Content for the purpose of any public performance.
5. You may not sell, rent, lease, distribute, broadcast, transfer or assign your rights to the Google Digital Content or any part of it to any third party except as expressly permitted by Google (or, in the case of Agency Sales and Sub-Agency Sales, by the Publisher). Provided, however, that nothing in these Terms of Service shall prohibit any uses of Google Digital Content that would otherwise be permitted under applicable copyright law notwithstanding the contractual prohibitions listed here.
6. You may not remove any watermarks, labels or other legal or proprietary notices included on or in the Google Digital Content.
7. You may not access nor attempt to access a Google account that you are not authorised to access. You must keep your user details secure and must not share them with anyone else.
If you have multiple Google accounts with different user names, you may transfer Google Digital Content out of an account and into another account, provided you are the owner of each such account and provided Google has enabled a feature of the Service allowing such transfers.
Google may place limits on the number of Devices and/or software applications you may use to access Google Digital Content. Such limits may be set at any time. In some circumstances (for example, where we are required to do so by law) we may change such limits in relation to Google Digital Content that you have previously purchased. You must adhere to all such limits. Google may record and store the unique device identifier numbers of your Devices in order to enforce such limits. If you do not agree to Google recording and storing this type of information then you should not use the Service or purchase Google Digital Content.
Additionally, Google or the copyright holders of Google Digital Content may update such Google Digital Content and change digital rights settings for such Google Digital Content from time to time. For example Google or the copyright holders may correct errors in the Google Digital Content or may add additional features, or may change the security features for the Google Digital Content. Where these changes are made the Google Digital Content that you see will automatically update, except where you have downloaded a copy of the Google Digital Content to a Device.

5. Security; User-Submitted Content

The Service and Google Digital Content provided through the Service use technology designed to protect the security of digital information. It is a condition of your use of the Service and your access to Google Digital Content that you may not attempt to, nor assist, authorise or encourage others to circumvent, disable, defeat, reverse-engineer, decompile or tamper with any of the security features or components, such as digital rights management software, that protects the Services or Google Digital Content. If you violate any security feature, you may incur civil or criminal liability.
Content licence from you
You retain copyright and any other rights you already hold in content which you submit, post or display on or through, our products and services (for example, if you have added a book review). By submitting, posting or displaying the content you give Google a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, our products and services. This licence is for the sole purpose of enabling Google to display, distribute, improve and promote our products and services and may be revoked for certain services as defined in the additional terms of those services. If you do not want to grant Google this licence then please do not submit, post or display content on or through our products and services.
The licence that you grant includes a right for Google to make such content available to other companies, organizations or individuals with whom Google has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
Google, in performing the required technical steps to provide our products and services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. The licence that you grant shall permit Google to take these actions. If you do not wish to grant this licence, please do not submit, post or display any content. The licence that you grant continues even if you stop using our Services or the Google Digital Content.
You confirm and warrant to Google that you have all the rights, power and authority necessary to grant the above licence. If you are not able to grant the licence then please don’t submit, post or display any content.
You must not submit content that infringes any law, or infringes the rights of others (including intellectual property rights). If you submit such infringing content then we may terminate your use of the Service and the Google Digital Content. If you see content on the Service or in the Google Digital Content that you think infringes your rights, then please contact us at the address set out below.

6. Availability, Pricing and Refunds

To purchase Google Digital Content from a website owned or operated by Google, you will need to have a Google Checkout Account. When you purchase Google Digital Content from a Third Party Seller website, you may be able to do so using Google Checkout, or there may be alternative requirements. If you do not have a Google Checkout Account, you can set one up by going to this link, where you can also find more information about Google Checkout. The Checkout Terms of Service located here also apply whenever you want to make a purchase of Google Digital Content using Google Checkout. Please ensure that you read those terms carefully before making any purchase.
In the case of Direct Sales and Agency Sales, we display the pricing for the Google Digital Content on our website. For Third Party Seller sales the Third Party Seller will display the price on their own website. Prices and availability of any Google Digital Content are subject to change at any time. We try very hard to make sure there are no pricing mistakes. However, we (and, in the case of Agency and Sub-Agency Sales, the Publisher) will not be bound by mistakes in the price of the Google Digital Content (unless you have already purchased Google Digital Content at the incorrect price).
All prices are inclusive of VAT unless otherwise stated.
You are responsible for the timely payment of all fees and for providing Google, or the Third Party Seller, as appropriate, with valid account and other details necessary, as requested, to process payments.
When you purchase Google Digital Content you are buying a service. Performance of this service begins as soon as the purchase is complete, as the Google Digital Content will then be available to you through your account. You have the right to cancel the contract for each purchase of Google Digital Content from us within a period of 7 working days beginning with the day after that Google Digital Content becomes available for you to read.
Once the Google Digital Content is available to you through your account, you should check the Google Digital Content as soon as reasonably possible to ensure that it has downloaded correctly and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. Where possible, we would request that you should notify us of any errors or defects you have identified in such Google Digital Content within 30 days of purchase (please contact us at http://books.google.com/support/bin/request.py?contact_type=refund). You may return Google Digital Content you purchased from the Google eBooks Digital Content store to Google if the Service does not perform as stated with respect to that purchased Google Digital Content and we will provide either replacement Google Digital Content or a refund if we are not able to provide a replacement.
If for any reason Google or the applicable copyright holder no longer has the right to continue to provide you any Google Digital Content you have purchased, then Google will stop making that Google Digital Content available to you and you may lose the ability to use such Google Digital Content. If that happens, and if you are not able to download a copy of the Google Digital Content before it becomes unavailable, then Google will offer you either a replacement of the Google Digital Content, or a refund of the price of the Google Digital Content.
Please note that for Google Digital Content purchased from Third Party Sellers, the refund policies of such Third Party Sellers shall apply. We're only able to grant refunds for purchases made directly from the Google eBooks store.
If a replacement or refund is granted for any sale, the transaction will be reversed, and you will not be able to access the Google Digital Content.

7. Pre-Ordering

When you pre-order Google Digital Content, the Google Digital Content will automatically be available in your account once it becomes available to read, and your card will be charged for the purchase at that time.
You can cancel your pre-order at any time up to the point at which the Google Digital Content becomes available to read (if you want to cancel the pre-order you will be able to do so by visiting your Purchase History page and following the instructions there). Once the Google Digital Content is available for you to read, your cancellation and return rights are the same as for other Google Digital Content that you purchase through the Service. Please see paragraph 6 for more information.
In some cases, we will need to cancel a pre-order you have placed (for example, we will cancel the pre-order if: the price of the Google Digital Content changes between the time of your pre-order and the time at which the Google Digital Content becomes available in your account; the Publisher of the Google Digital Content requires us to withdraw the Google Digital Content from sale; we have not been able to process your payment for the Google Digital Content; or where we are required to do so by law). In this situation, your pre-order will be cancelled.

8. Warranties and Liability

You are entitled by law to certain rights when you purchase Google Digital Content. For example, we provide the Services and the Google Digital Content that you purchase using a reasonable level of skill and care. We hope that you will enjoy using the Services and the Google Digital Content, but there are certain things that we don’t promise, which we explain below.
Google intends (and, in the case of Agency and Sub-Agency Sales, the Publisher intends) to rely upon only these Terms of Service and the General Google Terms of Service in respect of the Services and the Google Digital Content. For example, other than as expressly stated, we don’t make any commitments about the Google Digital Content within the Services, the specific functionality available through the Services or the Google Digital Content, their reliability, availability, or ability to meet your needs.
Liability for the Services and the Google Digital Content. Google is not responsible or liable for (and, in the case of Agency and Sub-Agency Sales, the Publisher is not responsible or liable for):
1. losses that were not caused by our breach of these Terms of Service or the General Google Terms of Service;
2. any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Google (and/or the Publisher) breaching the agreement; or
3. losses relating to any business of yours, loss of profits, loss of data, or loss of opportunity.
Nothing in these Terms of Service is intended to exclude or limit the liability of any party for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.
Nothing in these Terms of Service limits your responsibility for infringement of intellectual property rights.

9. General

Privacy. Google's general privacy policy, and specific privacy practices for the Service, explain how we treat your personal data (and certain other information generated by your use of the Service and your purchase of Google Digital Content) and protect your privacy when you use our Services and purchase Google Digital Content. By using our Services and purchasing Google Digital Content, you agree that Google can use that data in accordance with our privacy policies. If you do not agree to this use, please do not use our Services or purchase Google Digital Content.
Service Changes. Google reserves the right to suspend, modify, or discontinue the Service at any time. Should it exercise such right, where possible Google will take steps to ensure that you can continue to access the Google Digital Content you have purchased. In order to continue to access that Google Digital Content, you may need to download the Google Digital Content to a Device. If Google elects, or is required, to discontinue the Service, we shall, if we are able to do so, provide you with reasonable prior notice of the discontinuance, in the event that you wish to download purchased Google Digital Content in your account. Please see paragraph 6 for your rights in the event that you are not able to download a copy of the Google Digital Content before it is no longer available to you through the Service.
Your breach of the terms: If you fail to comply with any material term of these Terms of Service (for example if you breach any applicable intellectual property rights or paragraph 4 of these Terms of Service), Google may terminate your rights hereunder without notice. In case of such termination, Google may immediately revoke your access to the Service or to Google Digital Content without notice to you and without refund of any fees.
Google contact details. You may contact Google using our support department at http://books.google.com/support/bin/topic.py?topic=28528&hl=en-GB. Google has its principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland (registered number: 368047; VAT number: IE6388047V). For more information about how to contact Google, please visit http://www.google.com/contact/. If you have any complaints, please contact Google at http://books.google.com/support/bin/request.py?contact_type=contact_policy&hl=en-GB.
Governing law. These Terms of Service, and contracts formed under these Terms of Service, are governed by English law and any dispute arising out of these Terms of Service shall be subject to the exclusive jurisdiction of the English courts.
These Terms of Service control the relationship between Google and you (and, in the case of Agency and Sub-Agency Sales, between Google, the Publisher, and you).
Assignment and Sub-contracting: Google is allowed at any time either to assign or subcontract all or part of its role under these Terms of Service to one or more Google entities. For example we may assign or subcontract our role so that the entity from which you download Google Digital Content changes. Where we have assigned or subcontracted all or part of our role, as set out in this paragraph, we shall be responsible for any breach of these Terms of Service by the relevant assignee or subcontractor, as though the breach was our own.
If you do not comply with these Terms of Service, 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 of these Terms of Service is not enforceable, this will not affect any other terms.
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