Welcome to Google Groups, owned and operated by Google
Inc. ("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"). Nothing in the Terms of Use should be construed
to confer any rights to third party beneficiaries.
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 or terminated
at any time by Google for any reason, and without notice, without liability
to you, any other user of the Service or any third party. Any new features
that augment or enhance the current Service shall 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 with or without notice, and you can review the most current version
of it online at any time at
http://groups.google.com.br/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.
To comply with the Children's Online Privacy Protection Act, 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 both the United States 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 authorizes 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 agree that 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 regard
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 in 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 in his or her discretion.
Group Owners Must Mark Sexually Explicit Content. If you create a Group
containing sexually explicit Content that is not suitable for minors,
you agree to mark the Group as such. If your Group contains Content that
is sexually explicit 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 in 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 agree that you are responsible for your own conduct and communications
while using the Service and for any consequences thereof. You agree to
use the Service only to send and receive messages and material that are
legal, proper and related to the particular Group. By way of example,
and not as a limitation, you agree that when using the Service, you will
not:
International users agree to comply with their own local rules regarding
online conduct and acceptable content, including laws regulating the
export of data to the United States or your country of residence.
While Google prohibits such conduct and Content in connection with the
Service, you understand and agree that you nonetheless may be exposed
to such conduct and/or Content and that you use the Service at your own
risk.
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 authorized 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 reserves
the right to 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.
Digital Millennium Copyright Act
It is our 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.
8. General Practices Regarding Use and Storage
You agree that Google has no responsibility or liability for the deletion
or failure to store any Content maintained or Posted by or through the
Service. You acknowledge that 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. You agree that 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 significant 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 of 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") disclaim any and all responsibility
or liability for the accuracy, content, completeness, legality, reliability,
or operability or availability of information or Content displayed on
the Service. The Google Entities disclaim any and all responsibility
and 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 INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO
WARRANTIES WHATSOEVER. THE GOOGLE ENTITIES EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties,
so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
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 attorneys' 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
UNDER NO CIRCUMSTANCES WILL GOOGLE BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF
OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT GOOGLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY
SHALL APPLY (I) WHETHER THE DAMAGES ARISE 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 DAMAGES INCURRED
BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY
LAW. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation and exclusions may
not apply to you. UNDER NO CIRCUMSTANCES SHALL GOOGLE BE LIABLE TO YOU
FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1000.00).
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 survive any such termination.
16. Notices
Google may provide you with notices regarding the Service or these Terms
of Use by email or postings to this Web site.
17. Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with
the laws of the State of California, without giving effect to its conflict
of laws provisions or your actual state or country of residence. The
parties agree to submit to the personal and exclusive jurisdiction of
the courts located in the County of Santa Clara, California. If for any
reason a court of competent jurisdiction finds any provision or portion
of the Terms of Use to be unenforceable, the remainder of the Terms of
Use will continue in full force and effect. 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, labor disputes, riots, insurrections,
civil disturbances, shortages of labor 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 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.
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