Welcome to Google Custom Search Engine! By using Google Custom Search Engine (the "Service"), you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Service") with Google Inc., and its subsidiaries or affiliated companies ("Google"). The Terms of Service govern Your access to and use of the Service (as defined below).
If you are accepting on behalf of your employer or another entity, then by clicking the “I Accept” button you declare and warrant to Google that: (a) you have full legal authority to represent and bind your employer or such entity to these terms and conditions; (b) that you have read and understand the Terms of Service; and (c) that you agree to the Terms of Service on behalf of the party that you represent. If you do not have the legal authority to bind the party that you represent, you must not click the “I Accept” button below.
1. About the Service
1.1 The Service helps You to provide customized web search services on Your web site (the “Site”) using the power of the Google search engine. You must have a Google Account to use the Service. Details of how to set up a Google Account are available at the following URL https://www.google.co.uk/accounts/NewAccount.
1.2 For the purposes of these Terms of Service, Your Site includes any web site or sites available to users (“End Users”) on which You place JavaScript or similar programming which renders the Google search box (or other search entry method used by End Users) (“Search Box”) allowing End Users to enter a search query (“Query”).
1.3 When You receive a Query from an End User You shall forward that Query to Google.
1.4 Google shall 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 Service, “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.
1.5 The Results displayed by the Service will be determined by some or all of the following:
1.5.1 the URLs of web sites over which the search is to be restricted or filtered, as specified by You;
1.5.2 labels created by You (or a community of which You are a member) through the Service; and
1.5.2 all other service features that Google may at its discretion make available from time to time (as further described in the Service documentation available at http://www.google.co.uk/cse/docs/).
2. Your use of the Service
2.1 You agree to ensure that the Search Box conspicuously displays a graphic (available at http://www.google.co.uk/cse/docs/branding.html) that indicates that the Service is provided by Google. You shall link the graphic to the Google web site located at http://www.google.co.uk/cse or such other URL as Google may designate from time to time.
2.2 You agree to ensure that all Queries originate from the Site and that all Queries sent from the Site to Google comply with all technical specifications in force and provided by Google from time to time (as further described in the Service documentation at http://www.google.co.uk/cse/docs/).
2.3 You agree to implement the Service on Your Site in a way that conforms to all screenshots, specifications and other technical and implementation requirements for the Service in force and provided by Google from time to time (as further described in the Service documentation at http://www.google.co.uk/cse/docs/).
2.4 You agree that Google will not be responsible for receiving Queries from End Users or for transmission of data between You and Google’s network interface, and that You are solely responsible for all activities relating to the Site and the interface between the Site and the Service (other than those which are solely within Google’s control), including (but not limited to):
2.4.1 implementing and maintaining the Site;
2.4.2 implementing and maintaining the interface between the Site and the Google network from which Service is provided; and
2.4.3 receiving Queries from End Users and transmitting the Queries to Google.
2.5 During the Term, if You provide non-Google search services on any Site, You will ensure that such non-Google search services cannot reasonably be confused with or mistaken for those provided by Google. You further understand that Google will provide the Service to You on a nonexclusive basis, and that Google will continue to customize and provide its services to other parties for use in connection with a variety of applications, including search engine applications.
2.6 Some Google Services contain filtering capability, such as SafeSearch and AdSafe. If You elect to enable any such filters, You acknowledge and agree that:
2.6.1 You are responsible for all use of such filters on Your Site;
2.6.2 You will use such filters in accordance with all specifications provided by Google from time to time; and
2.6.3 Google does not and cannot commit that all or any particular Results will be limited to results elected by enabling such filters.
2.7 You agree that You are solely responsible for providing all hardware, software, networks, communications systems and other equipment and connections (and for paying all fees and charges relating thereto) required to maintain Your Site and Your access to the Service and to perform Your obligations under the Terms of Service.
2.8 End Users using the Search Box on the Site shall be subject to Google’s privacy policy available at http://www.google.co.uk/privacy.html. You agree to insert the following statement into Your privacy policy in a prominent position:
“The search box on this web site (“Search Box”) is powered by Google Inc (“Google”). You acknowledge and agree that Google’s privacy policy (located at http://www.google.co.uk/privacy.html) shall apply to your use of the Search Box and by using the Search Box you consent to Google using your personal data in accordance with its privacy policy.”2.9 Because the Service may change (for example, if we add new features) You agree that the Terms of Service shall apply to the Service as it may be adapted and varied, including all additional or enhanced features as may be applied from time to time.
3. Appropriate Conduct
3.1 You agree to ensure that the Site does not at any time contain any pornographic, hate-related, violent or offensive content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, any third party rights, or any service policies issued by Google from time to time (as further described in the Service documentation at http://www.google.co.uk/cse/docs/).
3.2 You agree that You shall not, and shall ensure that a third party does not on Your behalf:
3.2.1 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 co-mingling Results with non-Google provided search results or advertising;
3.2.2 display any Results in pop-up, pop-under, exit windows, expanding buttons, or animation;
3.2.3 display any Results to any third party other than End Users;
3.2.4 frame or cache the Results produced by Google, except as otherwise agreed to between You and Google;
3.2.5 directly or indirectly access, launch and/or activate the Service through or from, or otherwise incorporate the Service in, any web site or other means other than the Site, and then only to the extent expressly permitted herein;
3.2.6 transfer, sell, lease, syndicate, sub-syndicate, lend or use for co-branding, timesharing, service bureau or other unauthorised purposes any Service or access thereto (including, but not limited to Results, or any part, copy or derivative thereof);
3.2.7 enter into any arrangement or agreement under which any third party pays You fees, You pay any third party fees or share in any revenue payments and/or royalties for or in connection with any Results;
3.2.8 directly or indirectly generate search 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);
3.2.9 subject to Section 8 below, remove, deface, obscure, or alter Google Brand Features (as defined in Section 8 below), copyright notices or other proprietary rights notices affixed to or provided as a part of any Service or any other Google technology, software, materials and documentation;
3.2.10 copy (except that a back up copy may be made but only to the extent that it falls within the scope of, and is permitted, by section 50A of the Copyright, Designs and Patents Act 1988 (as updated, amended or replaced from time to time) (“CDPA”)), modify, adapt, translate, prepare derivative works from, decompile (except to the extent such decompilation falls within the scope of, and is permitted by, section 50B of the CDPA), reverse engineer, disassemble or otherwise attempt to derive source code from any of the Google Services or any other Google technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation;
3.2.11 “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);
3.2.12 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; or
3.2.13 engage in any action or practice that in Google’s reasonable opinion reflects poorly on Google or otherwise disparages or devalues Google’s reputation or goodwill or which may do so.
4. Advertising
4.1 4.1 The Results Page or associated elements provided by Google through the Service may contain advertising, which You agree to display. The Service is compatible with, and You may apply for, the Google Adsense program (www.google.com/adsense), subject to the Adsense Terms and Conditions. If You provide Your own advertisements or third party advertisements in connection with the Results provided by the Service, You will ensure that such advertisements cannot reasonably be confused with or mistaken for those provided by Google.
4.2 You agree not to include advertisements on any pages of Your Site containing a Search Box or any Google Brand Features, where an End User of Your Site might reasonably confuse the advertisements with a Google advertisment or otherwise associate the advertisements with Google.
4.3 The Service is compatible with, and You may apply for, the Google Adsense program (www.google.co.uk/adsense) which is subject to separate terms and conditions.
5. Use of Metadata Content
5.1 For the purposes of these Terms of Service, "Metadata Content" means: (a) the metadata provided by You to Google pursuant to Your participation in the Service, including (but not limited to) URLs of web sites to be searched, labels and associations between labels and URLs; (b) text, data, images, and other content provided and/or created by You to be displayed to End Users (including on Results Pages); (c) Nicknames chosen by You; and (d) ratings, reviews and comments provided by You to Google pursuant to the Service. "Nickname(s)" means the name that You may select by which You and Your Metadata Content shall be identified to End Users. “Google Services” means any product, service and/or technology (including application programming interfaces) provided by or on behalf of Google, from time to time.
5.2 Subject at all times to Section 5.3 and the rest of these Terms of Service, You hereby grant to Google an irrevocable, perpetual, non-exclusive, worldwide and royalty-free licence to:
5.2.1 use, copy, modify, distribute, translate, create derivative works based on and display (publicly or otherwise) the Metadata Content through the Google Services; and
5.2.2 sub-license the rights set out in 5.2.1 to Google’s syndication partners and to End Users;
5.2.3 sub-licence the rights set out in 5.2.1 to Google’s consultants and other contractors for the purposes of fulfilling Google’s obligations and to permit Google to exercise its rights under the Terms of Service, provided that such consultants and contractors are subject to the same obligations set out in the Terms of Service as Google.
5.2.4 allow End Users to access and use the Metadata Content through the Google Services.
5.3 Except for the licence granted under Section 5.2, You retain all right, title and interest in and to the Metadata Content. In addition, You retain all rights to all other content authored or owned by You to which such Metadata Content is attached or associated and used in connection with the Service (save to the extent that it is not otherwise licensed or transferred to Google pursuant to any agreement).
5.4 Notwithstanding anything to the contrary, You acknowledge and agree that nothing in the Terms of Service will prevent or restrict Google from using data Google obtains from a source other than from You under the Terms of Service.
5.5 You acknowledge and agree that:
5.5.1 You shall not have any right, title or interest in any information, content, or data used by Google in conjunction or association with the Service other than the Metadata Content;
5.5.2 You shall not make any claim of ownership or interest in any such information, content or data; and
5.5.3 Google and/or its licensors retain all right, title and interest in and to the Google Services (including the Service), the Google web sites and all content or data forming part of or displayed as part of or through the Google Services or Google web sites other than the Metadata Content.
5.6 Both You and Google agree that the licence granted to Google and any sub-licences granted by Google under Section 5.2 shall survive expiration or termination of the Terms of Service.
5.7 You shall be responsible for accepting and responding to any communication, modification or removal requests initiated by a party that is listed in or otherwise has rights in the Metadata Content where such communication arises out of the party having its information on the Google Services and pertains to the Metadata Content.
6. Display of Metadata Content
6.1 You acknowledge and agree that the rights granted to Google in the Terms of Service include the right to display portions of the Metadata Content on Google Services, Google web sites and the web sites of Google’s syndication partner, and display any links to web page(s) on which such portions of the Metadata Content reside, all as determined by Google in its sole discretion
6.2 Notwithstanding anything to the contrary, nothing in the Terms of Service obliges Google to make any or all of the Metadata Content available to End Users.
6.3 Google shall have the sole right to determine the placement and location of the selected Metadata Content through the Google Services, but both You and Google retain sole discretion with respect to the look-and-feel, display and operation of our respective services and websites.
7. Intellectual Property Rights
7.1 For purposes of these Terms of Service, “Intellectual Property Rights” means all copyright, moral rights, patent rights, trade or service marks, design right, semiconductor topography rights, rights in or relating to databases, rights in or relating to confidential information, rights in relation to domain names, privacy or publicity rights and any other intellectual property rights (registered or unregistered) throughout the world, including all rights of reversion and rights to any applications, renewals, extensions and pending registrations and the right to sue for and recover damages for past infringements.
7.2 You acknowledge and agree 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 Service.
7.3 You acknowledge and agree that AdWords, AdSense, GOOGLE, the “Google” logo, and other marks that incorporate the word GOOGLE and PAGERANK, are trademarks of Google.
8. Brand Features
8.1 For purposes of these Terms of Service, “Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of You and Google, respectively, as secured by each of us from time to time.
8.2 Subject to Your compliance with the Terms of Service, Google hereby grants to You a non-transferable, non-sub-licenseable, non-exclusive licence during the Term to display Google’s Brand Features for the purpose of promoting or advertising the fact that You use the Service and for the purpose of fulfilling Your obligations under Section 8.4 below.
8.3 You hereby grant to Google a non-transferable, non-exclusive licence during the Term to use Your Brand Features to advertise the fact that You are using the Service.
8.4 You agree to use all Google Brand Features strictly in accordance with the Google Brand Features Guidelines, available at http://www.google.co.uk/cse/docs/branding.html.
8.5 Google may modify the Google Brand Features and the Google Brand Features Guidelines at any time. Google will post details of modifications on the Google web site, and You agree to immediately cease Your use of previous Google Brand Features and Google Brand Feature Guidelines and thereafter use the modified versions of the Brand Features and comply with any modified Google Brand Features Guidelines.
8.6 Except as set forth in this Section 8, nothing in the Terms of Service shall grant or shall be deemed to grant to You or Google any right, title or interest in or to the other’s Brand Features.
8.7 At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Google (save 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.
9. Warranties and Disclaimer
9.1 Except as specified in this Section 9, all express and implied terms, conditions, representations and warranties, including any implied term as to satisfactory quality, fitness for purpose or conformance with description, are hereby disclaimed except to the extent that these disclaimers are held to be legally invalid.
9.2 The Service is provided to You "as is" and "as available". Google does not warrant that the Service (or any part of it) will meet all of Your requirements or that its delivery to You will be uninterrupted, virus-free, secure or error-free. Google does not warrant that the Results will contain all pages within a domain. Google makes no representations or guarantees regarding any inclusion of content or regarding the frequency any content will be crawled and/or managed in Google’s indexes. Google makes no warranty that the Service will include all domains specified by You. No conditions, warranties or other terms apply to the provision of the Service to You except to the extent that they are expressly set out in these Terms of Service. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
9.3 You warrant that:
9.3.1 all information provided by You to Google in connection with the Service is complete, true and accurate;
9.3.2 Your Brand Features, Metadata Content, other content (including 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;
9.3.3 You shall seek all necessary governmental approvals required to use the Service in association with Your Site and to comply with the Terms of Service; and
9.3.4 You shall perform all of Your obligations under the Terms of Service in accordance with applicable laws.
10. Indemnities
10.1 You agree to indemnify Google in full against all costs, loss, damage and expense incurred as a result of, or in connection with, a third party claim resulting from, or in connection with, a breach of any warranty, representation or covenant by You under the Terms of Service, including but not limited to any third party claim that the Site, any content on the Site or Your Brand Features infringe a third party’s copyright, trade secret or trademark.
10.2 Subject to your compliance with clause 10.1 Google shall:
10.2.1 notify You of any such claim,
10.2.2 provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding (to the extent requested by You); and
10.2.3 give You full control and sole authority over the defence and settlement of such claim, subject to Google’s approval of any such settlement, which approval shall not be unreasonably withheld.
11. Limitation of Liability
11.1 Nothing in the Terms of Service shall exclude or limit either Your or Google’s liability for: (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees; (b) fraud or fraudulent misrepresentation; (c) misuse or unauthorised disclosure of confidential information.
11.2 Save to the extent that the Terms of Service expressly states otherwise, nothing in the Terms of Service shall exclude or limit either party’s liability for breach of Section 4 (Advertising), the indemnity provided under Section 10 (Indemnities) or infringement of the other party’s Intellectual Property Rights.
11.3 Subject to Sections 11.1 and 11.2, neither party shall be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentation) or otherwise arising out of or in connection with the Terms of Service for: (a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services); (b) any loss of goodwill or reputation; or (c) any special, indirect or consequential losses, and, in all cases, whether or not such losses were within the contemplation of the parties at the date of the Terms of Service, suffered or incurred by that party arising out of or in connection with the provisions of, or any matter under, the Terms of Service.
11.4 You acknowledge that the Service is provided to You for free and these limitations reflect a reasonable allocation of risk in the context of such a free service.
12. Term and Termination
12.1 The term of these Terms of Service (the “Term”) shall commence on the date upon which You accept the Terms of Service (by clicking the “I Accept” button or otherwise) and shall continue in force thereafter, unless terminated as provided herein.
12.2 Google may change, suspend or discontinue all or any aspect of the Service, including its availability, at any time, and may terminate Your use of the Service at any time. In addition, either You or Google may terminate these Terms of Service for convenience at any time. If You wish to terminate these Terms of Service, You must remove the Code and Search Box from Your Site, and immediately stop use of any Google Brand Features.
12.3 Upon the termination for any reason:
12.3.1 all licence rights granted to You herein shall terminate; and
12.3.2 You shall immediately stop Your use of the Service and delete any and all Google Brand Features from the Site.
12.4 In the event of any termination or expiration of the Terms of Service for any reason, Sections 5, 6, 7, 9, 10, 11, 12 and 13 shall survive termination.
13. Miscellaneous.
13.1 Any notice to Google required for or permitted by these Terms of Service 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, Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ, UK.
13.2 You may not assign Your rights or delegate Your obligations under these Terms of Service without Google's prior written consent. Google may sub-contract or transfer any of its obligations or rights under these Terms of Service in whole or in part at its sole discretion. You acknowledge that other members of the Google group of companies may provide particular aspects of the Service to You.
13.3 These Terms of Service will be governed by and construed in accordance with English law and both You and Google hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected wit these Terms of Service. If these Terms of Service are translated into any language other than English and if there is a discrepancy between the English text and the text of such other language, the English text will govern.
13.4 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.
13.5 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.
13.6 You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of Your obligations under these Terms of Service.
13.7 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.
13.8 If any provision of these Terms of Service 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 these Terms of Service shall remain in full force and effect.
13.9 These Terms of Service constitute the entire agreement between You and Google with respect to the subject matter hereof. These Terms of Service supersede any other prior or collateral agreements with respect to that subject matter.
13.10 Nothing in these Terms of Service should be construed as conferring any rights on third party beneficiaries and the UK Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded.
13.11 Google may modify these Terms of Service and the Service at any time with or without notice to You. You can review the current version of the Terms of Service online at any time at [insert the URL of this page]. If a modification to these Terms of Service or the Service is unacceptable to You, You may terminate these Terms of Service by ceasing to use the Service and terminating these Terms of Service in accordance with clause 12.3 above. If You continue to use the Service, however, You will be deemed to have accepted the modifications that have been made to the Terms of Service by Google prior to that use.