Welcome to Google Groups, owned and operated by Google Inc, a Delaware company with its principal offices at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States ("Google"). By using the Google Groups service (the "Service"), you accept and agree to be bound by the following terms and conditions (the "Terms of Use") as well as the Groups Privacy Policy and Privacy Policy referred to below. These Terms of Use, the Groups Privacy Policy and Privacy Policy are available to you in English. You should print and/or store a copy of each of these terms for your records.
1. Description of Service
The Service contains the entire archive of Usenet discussion groups dating back to 1981. In addition to providing a Usenet archive, the Service enables you to create and maintain your own Group. A "Group" consists of World Wide Web ("Web") discussions and mailing list functionality enabling groups of people to communicate with one another through the Internet. Content for each Group is stored by Google and made searchable and browsable on the Web.
Unless explicitly stated otherwise, the Service may
be modified by Google from time to time or terminated at any time by
Google for any reason. This may occur without Google giving you any
notice. .
Google is not liable for any losses you or any third party may suffer
because the Service is changed or terminated.
Google may from time to time add new features to the Service, such features
shall form part of the Service and be subject to the Terms of Use.
2. Changes to Terms of Use
The Terms of Use of this service are subject to update by Google at any time, from time to time. Google will notify you of updates to the Terms of Use, by either posting a message or placing a link on the Google Groups home page, by sending an email or by any other method used by Google. If you do not agree to the terms as they are from time to time, you must not use the Service. You can review the most current version of the terms online at any time at http://groups.google.be/googlegroups/terms_of_service.html.
3. Registration
When you register for Google Groups, you must provide true, accurate and complete registration information. As part of the registration process you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure.
At this time Google Groups is only available to users who are at least 13 years old. If you are under 13, you may not register to use the Google Groups service.
4. Use of Materials
The content within the Service is protected by copyright and other laws in the United States, United Kingdom and elsewhere. The Service includes both content owned or controlled by Google as well as content owned or controlled by third parties and licensed to Google (collectively, the "Materials").
Google authorises you to view and download a single copy of the Materials solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Google. Special rules may apply to the use of certain software and other items provided via the Services and are noted where appropriate.
If you would like information about obtaining Google's permission to use any of the Materials on your Web site, please send an e-mail to groups-support@google.com.
5. Content
Your Responsibilities. You understand that all data, text, information links and other content (collectively, "Content"), whether posted in public or restricted groups, is the sole responsibility of the person from which such Content originated. This means that you, and not Google are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Google be liable in any way for any Content, including but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Group Owner's Rights and Responsibilities. Group Owners have additional capabilities and responsibilities in relation to the members and Content of a Group. The Owner of a Group decides whether a Group is restricted to certain members or accessible to the public generally, and the Owner may change the access to the Group at any time. In restricted Groups, the Owner decides who may be a member of the Group and can access and change the membership list at his or her sole discretion. A Group Owner may, at any time, transfer his or her ownership of a group to another Google Groups user. In regard to Content, a Group Owner shall be responsible for the maintenance and monitoring of the Content in the Group, including deleting any Group, Content or archived Content at any time and at his or her discretion. If you are a Group Owner, you warrant that you have obtained an individual's prior permission before sending an email inviting that individual to join a Group. In the event that you are submitting information relating to another individual you warrant that you have obtained authority from the individual for their information to be submitted and used by Google in the manner indicated in the Groups Privacy Policy.
Group Owners Must Mark Sexually Explicit Content and Content that is only suitable for adults. If you create a Group containing sexually explicit Content or other Content that is not suitable for minors, such as violent content, you agree to mark the Group as such. If your Group contains adult Content and you do not mark the Group appropriately, Google shall have the right to delete your Group, including all messages Posted to that Group.
Google's Rights. You acknowledge that Google does not pre-screen, control edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. If Google discovers Content that does not appear to conform to the Terms of Use, Google may investigate and determine in good faith and at its sole discretion whether to remove the Content. Google will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that certain Groups available through the Service are available only through the Service and others are available both through the Service and other sources, such as Usenet, over which Google has absolutely no control.
Content Removal and Archiving. If you are not the Owner of a Group, you may (1) request removal of a message that you have Posted yourself or (2) prevent archival of your message. (For more information about preventing archival, please see our FAQ.) You agree to resolve directly and exclusively with third parties any disputes you may have about messages that they posted or you may contact the Group Owner to request a removal. In this regard, you understand that Google does not monitor or control the content of information Posted by others, and instead simply provides a service by allowing users to access information that has been made available.
6. Appropriate Conduct
You are responsible for your own conduct and communications while using the Service and for any consequences of that use. You may only use the Service to send and receive messages and material that are legal, proper and related to the particular Group. For example, when using the Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- post any inappropriate, defamatory, infringing, obscene, illegal or unlawful Content;
- post any Content that infringes any patent, trademark, copyright, database right, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by the Group owner.
- download any file Posted by another user of a Group that you know or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
- restrict or inhibit any other user from using and enjoying the Service;
- use the Service for any illegal or unauthorised purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorised purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Google;
- create user accounts by automated means or under false or fraudulent pretences;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
While Google prohibits the type of activities listed above, users may nonetheless be exposed to such conduct and/or Content and that you use the Service at your own risk.
Please report inappropriate conduct and illegal content to Google by following Google's Notice and Take Down Procedure. It is Google's policy to respond to notices of alleged inappropriate conduct and illegal content in accordance with that Notice and Take Down Procedure.
You should also report unlawful, illegal, offensive and abusive conduct to Google using the form at http://groups.google.be/groups/abuse.
7. Proprietary Rights
Google's Rights
Google and its affiliates and licensors own and retain all rights in the Service, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Google, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Google's proprietary information. "GOOGLE", the "GOOGLE" logo and "GOOGLE GROUPS" are trademarks of Google.
Your Rights
Google claims no ownership or control over any Content submitted, Posted or displayed by you on or through the Service. You or a third party licensor as appropriate, retain all patent, trademark and copyright to any Content you submit, Post or display on or through the Service and you are responsible for protecting those rights, as appropriate.
By submitting, Posting or displaying Content on or through the Service, you grant Google a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the Service or any other Google Services. This license terminates when such Content is deleted from the Service. Google may syndicate Content submitted, Posted or displayed by you on or through the Service and use that Content in connection with other services offered by Google.
Notice and Take Down Procedure
It is our policy to respond to notices of alleged infringement in accordance
with our Notice and Take Down Procedure.
For information regarding our trademark complaint procedure, please click here.
8. General Practices Regarding Use and Storage
Google has no responsibility or liability for the deletion or failure to store any Content maintained or Posted by or through the Service.
Google has set no fixed upper limit on the number of transmissions you may send or receive through the Service or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
9. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Google has no control over such sites and resources, you acknowledge and agree that Google is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that Google shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
10. Advertisements
Google Groups is an ad-supported service. As such, we display advertisements and promotions on the Service. The manner, mode and extent of advertising by Google on the Service are subject to change. Google shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.
11. User Privacy
As a condition of using the Service, you agree to the terms of the Google Groups Privacy Policy, as it may be changed from time to time. Google will provide you notice of any changes by placing a link on the Google Groups home page or by email. You understand and agree that Google may access, preserve, and disclose your personal information and the contents of your account in order to provide the Service or 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 your country.
For a full description of how Google maintains the personal information you provide, please see our Privacy Policy.
12. Disclaimer of Warranties
Google and its affiliates, licensors, partners, suppliers, consultants and agents ("Google Entities") are not responsible and have no liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or Content displayed on the Service.
The Google Entities disclaim, are not responsible and have no liability for your conduct and for the conduct of others using the Service.
THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES, ARE PROVIDED "AS IS,"
THE GOOGLE ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, CONDITIONS AND OTHER TERMS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED TERMS OF QUALITY AND/OR FITNESS FOR PURPOSE.
YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS OF USE SHALL AFFECT YOUR STATUTORY RIGHTS.
13. Hold Harmless and Indemnity
You agree to hold harmless and indemnify Google from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case Google will provide you with written notice of such claim, suit or action.
14. Limitation of Liability
NOTHING IN THESE TERMS OF USE SHALL LIMIT LIABILITY
FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY A PARTY'S NEGLIGENCE; (II)
UNDER PART I OF THE CONSUMER PROTECTION ACT 1987; OR (III) FOR BREACH
OF ANY CONDITION OR OTHER TERM AS TO TITLE OR QUIET ENJOYMENT UNDER
SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY
OF GOODS AND SERVICES ACT 1982.
SUBJECT TO THE ABOVE PARAGRAPH, UNDER NO CIRCUMSTANCES WILL GOOGLE BE
LIABLE FOR ANY: ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS
OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); ANY
LOSS OF GOODWILL OR REPUTATION; OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
LOSSES, SUFFERED OR INCURRED OR ARISING OUT OF OR IN CONNECTION WITH
THE SERVICES OR THESE TERMS OF USE, WHETHER OR NOT SUCH LOSSES WERE
WITHIN THE CONTEMPLATION OF THE PARTIES AT ANY TIME.
SUBJECT TO THE FIRST PARAGRAPH OF THIS CLAUSE, THE LIMITATIONS OF LIABILITY IN THIS CLAUSE (AND ELSEWHERE IN THE TERMS OF USE) SHALL APPLY TO ALL LOSSES AND DAMAGE INCLUDING WHETHER THE LOSS OR DAMAGE ARISES FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE (INCLUDING SUCH LOSSES OR DAMAGE INCURRED BY THIRD PARTIES).
SUBJECT TO THE FIRST PARAGRPAH OF THIS CLAUSE, GOOGLE'S TOTAL LIABILITY UNDER THESE TERMS OF USE AND IN RELATION TO THE SERVICES (AND WHETHER THE LIABILITY ARISES BECAUSE OF BREACH OF CONTRACT, NEGLIGENCE OR FOR ANY OTHER REASON) SHALL BE LIMITED TO THREE HUNDRED POUNDS STERLING (£300.00).
15. Term and Termination
These Terms of Use will apply to your use of the Service. You may terminate your use of the Service immediately at any time, for any reason, by emailing customer support at groups-support@google.com.
We may terminate your use of the Service immediately at any time, for any reason, and at such time you will have no right to use the Service.
Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall not be affected by the termination.
16. Notices and Complaints
Google may send you information about the Service or these Terms of Use and notify of changes to either of these, by sending an email, posting a message or placing a link on the Google Groups home page or by any other method used by Google.
If you have any complaint about the service please contact us at groups-support@google.com or at Google Inc, 1600 Amphitheatre Parkway, Mountain View CA 94043, United States.
17. Miscellaneous Provisions
These Terms of Use will be governed by the laws of England and Wales. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in England and Wales. Notwithstanding the preceding sentence, nothing in these Terms of Use shall restrict or limit Google seeking injunctive or similar relief in any jurisdiction.
If for any reason a court of competent jurisdiction
finds any provision or portion of the Terms of Use to be unenforceable,
this shall not affect the validity or enforceability of (i) any other
provision of this agreement; or (ii) this agreement as a whole.
You shall not assign these Terms of Use or assign any rights or delegate
any obligations hereunder in whole or in part, whether voluntarily or
by operation of law, without our prior written consent. Any such purported
assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Google be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Use constitute the entire agreement between you and Google with respect to the subject matter hereof and, other than in respect of fraudulent misrepresentation, supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use by a party will be effective only if in writing and signed by a party.
Nothing in these Terms of Use shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to this agreement.