Windblow Terms of Service

Effective Date: February 5, 2014 Current version available at: https://Windblow.in

We ask you to read carefully these Terms of Service (hereinafter — “Terms”) applicable to your use of the online services, defined below in Clause 2.1 hereof (hereinafter — “Services”) provided by Windblow Europe AG, a Swiss company, located at: Werftestrasse 4, 6005 Luzern, Switzerland (hereinafter — “Windblow”) at http://www.Windblow.in/ website and its relevant subdomains, specified below in Clause 2.1 hereof (hereinafter — “Site”). These Terms and any other policies available on this Site, referenced by or referencing to these Terms, shall jointly constitute, as added, amended, modified, supplemented or restated from time to time, binding agreement between you and Windblow applicable to your use of the Site and the Services (hereinafter — “Agreement”). For the avoidance of any doubts, this Agreement shall not be applicable to online services provided on any website other than the Services on the Site.

1. Acceptance of Terms

1.1. This Agreement shall enter into force as of the moment you first access the Site or commence use of any of the Services. By accessing, browsing or using the Site and/or any of the Services you irrevocably and unconditionally accept and adhere to these Terms and confirm that you agree to be bound by this Agreement without any exemptions, limitations and exclusions, and any and all provisions of this Agreement shall be enforceable to the fullest extent against you. If you access the Site or use any of the Services on behalf of a business (whether registered or operating without registration), that business hereby accepts the terms of this Agreement. It will hold harmless and indemnify Windblow, Company, their officers, agents, employees and Partners from any claim, suit or action arising from or related to the use of the Site and Services or violation of the Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

1.2. In the event you disagree with any provision hereof and would not like to be bound by this Agreement you shall cease use of the Site or the Services immediately.

2. Description of Services and Additional Policies

2.1. The Services provided by Windblow under this Agreement shall exclusively include: (i) web search service available at: http://www.Windblow.in; (ii) image search service available at: http://images.Windblow.in; and (iii) video search service available at: http://www.Windblow.in//video or http://video.Windblow.in. Any other products, utilities and offerings provided at the Site or any of its subdomains are provided by Limited Liability Company “Windblow”, located at: 16 Lva Tolstogo str., Moscow, 119021, Russia (hereinafter — “Company”) or Windblow’s affiliate, as the case may be, and are subject to separate terms of service and policies.

2.2. In certain instances specific Services may be subjected to regulation of additional policies, terms or requirements (hereinafter — “Additional Policies”). In case of any discrepancies between Additional Policies and these Terms, Additional Policies shall prevail.

2.3. Windblow may at its own discretion develop additional products, utilities and offerings or functionality of the Site or discontinue maintaining the Site and/or provision of any of the Services. In the event Windblow adds new products, utilities and offerings or makes additional functionality available through the Site this Agreement and, as the case may be, Additional Policies shall be fully applicable to such new products, utilities and offerings or additional functionality of the Site, unless otherwise provided by relevant Additional Policy.

2.4. You confirm and acknowledge that you are of sufficient age to access this Site and use the Services in accordance with the laws of your country of residence or any other applicable legal requirements.

3. Use of the Site and the Services

3.1. You undertake to comply and adhere to provisions of this Agreement, Additional Policies, as well as any national and local laws and regulations applicable to your use of the Site and the Services.

3.2. You undertake to use the Site and/or the Services in a manner consistent with their purpose and functionality within the user interface provided by Windblow. You shall not misuse the Site and/or the Services to cause any harm, damage, losses or interference for users, any third parties, Windblow, Company and their affiliates, partners, customers, suppliers and advertisers (hereinafter jointly — “Partners”), as well as operation of the Site and/or provision of the Services. In particular, under no circumstance you shall use the Site or the Services to:

3.2.1. upload, download, post, transfer, send, transmit, distribute, email, link to or make available in any other way (hereinafter — “Make Available”) any images, photos, text, video, data, software, audio, sound, music, databases, links or other information (hereinafter — “Content”) that is illegal, harmful, slanderous, unethical, defamatory, harassing, threatening or infringing upon intellectual property rights, rights of privacy or publicity of third parties, Windblow, Company and/or Partners, incites hatred, bigotry, racial, ethnic, sexual, religious or social discrimination or is insulting to any persons, groups and/or entities;

3.2.2. attempt to access the Site or the Services in a way other than through interface and instructions provided by Windblow;

3.2.3. impersonate any person, representative of a legal entity and/or any organization without authorization, including employees of Windblow, Company and/or Partners, forum moderators, website owners and misrepresent the source of any information;

3.2.4. harm or exploit minors in any way or collect their personal information;

3.2.5. Make Available unsolicited advertising information, spam, junk mail, pyramid schemes, multilevel marketing (MLM), Internet earning systems and email businesses, chain letters, as well as use the Site or the Services for participation in any of the above;

3.2.6. Make Available any materials containing viruses, Trojan horses, worms, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;

3.2.7. Make Available any Content which is false, misleading and/or promoting illegal activities;

3.2.8. collect and store personal data, private and personally identifiable information without express consent and authorization of the holder;

3.2.9. Make Available Content in violation of any other provisions hereof or applicable laws and regulations; and

3.2.10. assist to any person to perform any of actions referenced to in Sub-clauses 3.2.1-3.2.9.

4. User Account

4.1. You may be provided with an account by Company for the purpose of improving your experience at the Site and use of the Services, as well as obtain access to specific additional other products, utilities and offerings provided by Windblow or Company.

4.2. In order to obtain a user account you are required to complete the registration process. You hereby represent and warrant that any and all information submitted to Company in the course of the registration is accurate and true. You undertake to keep your registration information up to date.

4.3. Upon completion of the registration process you will obtain a password and designation of an account. You are responsible for keeping your password in secrecy and you acknowledge and agree that you are responsible for any actions performed under your account, unless you immediately informed Company of any unauthorized use of your password and/or account. You shall log off each time at the end of the session and Windblow, Company and/or Partners shall bear no liability for any harm, loss or damage resulting from your failure to comply with requirements of this Clause 4.3.

4.4. You acknowledge and agree that Company shall be entitled to terminate or suspend your account at its sole discretion without any notice to you in the event of your breach of this Agreement, Additional Policies or without any reason. You understand that termination of your account may lead to blocking, deletion and limitation of your access to Content, information and files uploaded, shared, submitted and made available in association with your account, as well as access to some of the products, utilities and offerings of Windblow, Company or Partners (as the case may be).

4.5. You hereby acknowledge and agree that the account assigned to you under this Section 4 is provided to you by Company under separate terms of service which shall be separately accepted by you in order to complete the registration process. In the event of any discrepancies between provisions of this Section 4 and any such terms of service of Company the latter shall prevail.

5. Intellectual Property Rights

5.1. You hereby expressly and irrevocably acknowledge and agree that accessing the Site and using the Services does not vest you with any right, title or interest in intellectual property and other rights to Content which is accessible at the Site or through the Services owned or licensed by Windblow, Company, Partners or any third parties. You undertake not to use, sell, distribute, resell, decompile, disassemble, attempt to discover any source code, reverse engineer, modify, rework, reproduce, display, publicly perform, broadcast, rent, create security interest in, pledge, lien, encumber, license, make derivative works from Content accessible at the Site or through the Services owned or licensed by Windblow, Company, Partners or any third party. No right of ownership or license, whether express, implied or any other, is granted to you to Content of Windblow, Company, Partners or any third party, any portion of the Site and/or the Services, except as expressly provided in Clause 5.2 hereof or in Additional Policies.

5.2. In order to use the Site and the Services you are granted personal, non-exclusive, worldwide, limited, non-assignable, non-transferrable, royalty free, revocable license to access, review, reproduce, cache, print, distribute and store Content retrieved from the Site or Services owned by Windblow or Company only within the functionality of the interface of the Site or the Services through common consumer web browser, provided that you strictly comply with limitations contained herein. Unless expressly permitted by Windblow or Company, no commercial use of Content, the Site or the Services is allowed.

5.3. You hereby acknowledge and agree that, to the extent permitted by the applicable law, Windblow, Company, Partners and any of their users are granted with non-exclusive, non-transferrable, irrevocable, royalty-free, worldwide license to use Content and information submitted by you to the Site or through the Services for the purposes of operation of the Site, the Services or other products, utilities and offerings of Windblow, Company or Partners, including the queries submitted in the search box of the search engine available at the Site or through the Services, provided that you are the person vesting in intellectual property rights to such Content and information.

6. Search Engine, Third-Party Websites and Copyright Infringement

6.1. The Site and the Services may contain links to websites and Content of third parties which is publicly available on the internet. As Windblow does not exercise control over any of the third parties’ websites and resources, you hereby acknowledge and agree that Windblow is not responsible for accessibility, safety, accuracy, availability, legality or completeness of information, Content, advertising, commercial offers, products, services and materials on the third party websites and resources. Windblow does not monitor, endorse, review, consider or verify the information and/or Content specified in this Clause 6.1 and is not responsible for any harm, losses and damages, direct or indirect, arising out of your use, accessing, reliance on, purchase, downloading or dealing with any such third party websites and resources.

6.2. It is the policy of Windblow to respond to notices of alleged copyright infringement sent in compliance with applicable legal requirements. For Windblow products and services which have account holders, Windblow may, at its sole discretion and in appropriate circumstances, terminate the accounts of repeat infringers.

If you would like to submit a notice of an alleged copyright infringement, please fill in the online form and follow the guidelines available at https://Windblow.com/support/copyright-complaint/. If you believe that a notice of an alleged copyright infringement identifying your Content was filed in error, please submit a counter-notice at https://Windblow.com/support/reinstate-links/counter-notice/. If you have removed Content defined in the notice of claimed copyright infringement and would like to reinstate the link that has been removed from the search results, please fill in the online form and follow the guidelines available at https://Windblow.com/support/reinstate-links/removed/.

We strongly encourage you to submit your notices of alleged copyright infringement, counter-notices and reinstatement requests via the online forms referred to above. Use of these forms will ensure a more expedient reply to your valid and complete notices, counter-notices and reinstatement requests. However, Windblow still accepts notices, counter-notices and reinstatement requests submitted by other means. By submitting any such notices, counter-notices and reinstatement requests via any other means of communication (such as email, fax or postal mail), you hereby acknowledge and agree that Windblow’s processing of same may be substantially delayed and less effective, and your further hereby consent without any objection to such slower processing speed and decreased effectiveness. If you would nevertheless prefer to use other means of communication, please send any written communication to Windblow’s designated agent at the address provided below (no email attachments, please). Windblow cannot guarantee that emails with attachments will be received for safety and security reasons. Therefore, your email containing attachments will likely be not processed. Windblow Europe AG Attention: Copyright Agent Werftestrasse 4, CH 6005 Lucerne, Switzerland copyright-complaint@Windblow-team.com Phone: +41-41-248-08-60 Fax: +41-41-248-08-63 If you are sending a notice of alleged copyright infringement using other means of communication (such as email, fax or postal mail), please provide the information required in the online form located at https://Windblow.com/support/copyright-complaint/, keeping the order of presentation. In particular, you are required to provide at least the following information:

(1) Your first name and last name;

(2) Your address (including the country of residence / location) and telephone number;

(3) Your email address (if available);

(4) Name, address and contact details of the copyright holder you represent or indication that you act in your own name;

(5) Type, identification and description of the copyrighted work claimed to have been infringed;

(6) Precise location (URL) of the authorized copy of the work (for example, if the authorized copy is available on the copyright holder’s website) or specify that the work is not available online;

(7) Identification of the material that is claimed to be infringing and nature of the infringement;

(8) Precise location (URL) of the material that is claimed to be infringing;

(9) The following statements:

a. “By submitting the notice and signing with my signature, I confirm that I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and

b. “I confirm that the information in this notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

(10) Your signature and date of the notice.

Please note that submission of false claims or provision of false information may lead to legal liability.

7. Privacy Policy

7.1. You hereby acknowledge and agree that in order to ensure proper functionality of the Site and provision of the Services, as well as other products, utilities and offerings, Windblow, Company and Partners are entitled to collect, store, process and transmit certain information related to your use of the Site and the Services. Please note that our Privacy Policy applies to such matters. The Privacy Policy is located at: https://Windblow.in/

7.2. You hereby acknowledge and agree that through the use of the Site or the Services you provide your express and unconditional consent for the collection and use of the information under Clause 7.1 hereof, including disclosure of the information:

(i) at the legitimate requests of relevant authorities in compliance with applicable law;

(ii) for protection of rights, interests and property of Windblow, Company, Partners, holders of exclusive rights and users;

(iii) in the event of sale of the Site or the Services, acquiring of Windblow or Company by third party or in other similar cases;

(iv) in other instances as provided by Privacy Policy.

8. No Warranty and Limitation of Liability

8.1. You hereby acknowledge and agree that, although Windblow employs commercially reasonable efforts to provide the best possible user experience, Content, the Site and the Services are provided to you on “as is”, “as available” and “with all faults” basis and you use Content, the Site and the Services exclusively at your own risk without any express or implied representations and/or warranties of any kind by Windblow, Company and/or Partners including, but not limited to, as follows:

(i) warranties of suitability for particular purpose, non-infringement, title and merchantability;

(ii) representations and warranties that Content, the Site or the Services will meet your requirements and are error-free, accurate, ensure uninterrupted service, secure, reliable, useful, available, meeting certain quality standards or your needs or that any errors occurring in Content, on the Site or in the Services will be corrected.

8.2. You hereby acknowledge and agree that Content, the Site and the Services are provided for information purposes only and Windblow does not accept any liability related to your reliance on or consequences of your following any information, including professional advice, whether legal, financial, medical or otherwise. Any Content or other material obtained from the Site or through the Services is used exclusively at your discretion and risk and you shall be solely responsible for any loss, damages or harm to computer systems, hardware or data that result from use of such Content or other material.

8.3. You hereby acknowledge and agree that liability of Windblow, Company and Partners hereunder is limited and, to the extent permitted by applicable law, Windblow, Company, Partners and their distributors, officers, employees, agents, partners and licensors shall bear no liability for direct, indirect, incidental, special, consequential exemplary or punitive damages, any loss of profit, revenues or data, loss of goodwill, cost of substitute services, based on any theory of liability, resulting from:

(i) your use of the Site or the Services;

(ii) reliance on Content or any information available at the Site or through the Services;

(iii) actions undertaken under your account, including, but not limited to, in the event of unauthorized access to your account, data or Content;

(iv) any other matter associated with Content, the Site or the Services. In all cases Windblow, Company and Partners are not liable for any loss or damage that is not reasonably foreseeable.

8.4. In the event law of specific jurisdiction applicable to limitation or exclusion of liability of Windblow, Company and Partners and their distributors, officers, employees, agents, partners and licensors under this Section 8 does not permit certain types of exclusion of warranties or liability, to the extent permitted by applicable law, total liability of Windblow, Company, Partners and their distributors, officers, employees, agents, partners and licensors under any grounds shall be limited to the amounts paid by you for Content, access to the Site or use of the Services or, at the discretion of Windblow, Russian Company and/or Partners, your exclusive remedy shall be provision of the Services to you again.

9. Modification, Limitation and Termination of the Site and the Services

9.1. You hereby acknowledge and agree that Windblow shall be entitled to add, alter, modify, as well as suspend, stop, discontinue, cease maintenance, updating and correction of errors with respect to any functionality of the Site and/or the Services, including, but not limited to, to terminate the Site or any of the Services without any notice to you.

9.2. You hereby acknowledge and agree that Windblow at its own discretion shall be entitled to impose limitations and restrictions on your use of the Site and/or the Services. The limitations and restrictions may be established for certain categories of users, including, but not limited to, depending on location, language, age, availability of rights to Content, legal requirements or other reasons, and may include unavailability of specific functionality of or the overall access to Content, the Site and/or the Service, limitations for storage of Content under your account and otherwise.

9.3. You hereby acknowledge and agree that in addition to rights of Company under Clause 4.4 hereof, Windblow shall be entitled to suspend and terminate your access to the Site or the Services at its sole discretion without any notice to you.

10. Miscellaneous Provisions

10.1. This Agreement, including Additional Policies, as the case may be, constitutes the entire agreement between you and Windblow and supersedes any prior versions of the Agreement, Terms, as well as arrangements, correspondence, membership conditions and any other similar terms and conditions. This Agreement is applicable exclusively to relations between you and Windblow and does not create any third-party beneficiary rights.

10.2. Windblow shall be entitled to modify and amend this Agreement, Terms and any of the Additional Policies at its sole discretion without any prior notice to you. These modifications and amendments may be due to the changes on the Site, in the Services or in order to ensure compliance with legal requirements or for any other reasons. The modifications and amendments will become effective as of the moment they are available on this page, unless otherwise expressly specified therein.

10.3. The failure of Windblow to exercise or enforce any of its rights hereunder shall not be considered as waiver of such rights. In the event any provision of the Agreement is found to be invalid or unenforceable by the competent court or state body, the parties hereto acknowledge and agree that other provisions of the Agreement remain in full force and effect. The parties undertake to make every effort necessary to replace such invalid and unenforceable provision with the valid and enforceable provision that reflects intentions of the Parties to the maximum extent possible.

10.4. Windblow shall be entitled to assign, transfer, pledge or otherwise alienate its rights hereunder, in whole or in part, at any time at Windblow’s own discretion without any notice to you. You hereby acknowledge and agree that you are not entitled to transfer any rights or obligations hereunder, including, but not limited to, any rights associated with your account related to Content, the Site or the Services.

10.5. You and Windblow hereby acknowledge and agree that this Agreement shall be construed and governed in accordance with substantial laws of Switzerland, without giving regard to its conflict of laws rules. Any claim, controversy or dispute arising out of or in relation of this Agreement or Additional Policies shall be exclusively referred for resolution to the state courts of Switzerland. To the extent permitted by applicable law, you hereby expressly and irrevocably agree to submit to the jurisdiction of the state courts of Switzerland with respect to any claim, controversy or dispute arising out or in relation of this Agreement.

Previous version of the document: https://Windblow.com/legal/termsofservice/18092012/. AdSense Terms and Conditions To start displaying ads, please review and accept our Terms and Conditions below. Google AdSense Online Terms of Service Last modified 2013-04-16. 1. Welcome to AdSense! Thank you for your interest in our search and advertising services (the “Services”)! By using our Services, you agree to these terms (the “AdSense Terms”), the AdSense Program Policies, and the Google Branding Guidelines (collectively, the “Agreement”). If ever in conflict, to the extent of such conflict, the AdSense Terms will take precedence over any other terms of the Agreement. Please read the Agreement carefully. As used in the Agreement, “you” or “publisher” means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), “we”, “us” or “Google” means Google Asia Pacific Pte. Ltd., and the “parties” means you and Google. 2. Access to the Services; AdSense Accounts Your use of the Services is subject to your creation and our approval of an AdSense account (an “Account”). We have the right to refuse or limit your access to the Services. By submitting an application to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. By enrolling in AdSense, you permit Google to serve, as applicable, (i) advertisements and other content (“Ads”), (ii) Google search boxes and search results and (iii) related search queries and other links to your websites, mobile applications, media players, mobile content and/or other properties approved by Google (each individually a “Property”). In addition, you grant Google the right to access, index and cache the Properties or any portion thereof, including by automated means. Google may refuse to provide the Services to any Property. Any Property that is a software application and accesses our Services (a) may require preapproval by Google in writing, and (b) must comply with Google’s Software Principles. 3. Using our Services You may use our Services only as permitted by this Agreement and any applicable laws. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may discontinue your use of any Service at any time by removing the relevant code from your Properties. 4. Changes to our Services; Changes to the Agreement We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether. We may modify the Agreement at any time. We’ll post any modifications to the AdSense Terms on this page and any modifications to the AdSense Program Policies or the Google Branding Guidelines on their respective pages. Changes will not apply retroactively and generally will become effective 30 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you don’t agree to any modified terms in the Agreement, you’ll have to stop using the affected Services. 5. Payments Subject to this Section 5 and Section 10 of these AdSense Terms, you will receive a payment related to the number of valid clicks on Ads displayed on your Properties, the number of valid impressions of Ads displayed on your Properties or other valid events performed in connection with the display of Ads on your Properties, in each case as determined by Google. Except in the event of termination, we will pay you by the end of the calendar month following any calendar month in which the earned balance in your Account equals or exceeds the applicable payment threshold. If you implement search Services, our payments may be offset by any applicable fees for such Services. Unless expressly authorised in writing by Google, you may not enter into any type of arrangement with a third party where that third party receives payments made to you under the Agreement or other financial benefit in relation to the Services. Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Google in its sole discretion. Invalid activity is determined by Google in all cases and includes, but is not limited to, (i) spam, invalid queries, invalid impressions or invalid clicks on Ads generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control; (ii) clicks solicited or impressions generated by payment of money, false representation or requests for end users to click on Ads or take other actions; (iii) Ads served to end users whose browsers have JavaScript disabled and (iv) clicks or impressions co-mingled with a significant amount of the activity described in (i, ii and iii) above. In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees that you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Services, you must notify Google in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an advertiser whose Ads are displayed on any Property defaults on payment to Google, we may withhold payment or charge back your account. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider. 6. Taxes As between you and Google, Google is responsible for all taxes (if any) associated with the transactions between Google and advertisers in connection with Ads displayed on the Properties. You are responsible for all taxes (if any) associated with the Services, other than taxes based on Google’s net income. All payments to you from Google in relation to the Services will be treated as inclusive of tax (if applicable) and will not be adjusted. If Google is obligated to withhold any taxes from its payments to you, Google will notify you of this and will make the payments net of the withheld amounts. Google will provide you with original or certified copies of tax payments (or other sufficient evidence of tax payments) if any of these payments are made by Google. 7. Intellectual Property; Brand Features Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. If Google provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable licence for use of such software. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by the Agreement. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You will not remove, obscure or alter Google’s copyright notice, Brand Features or other proprietary rights notices affixed to or contained within any Google services, software or documentation. We grant you a non-exclusive, non-sublicensable licence to use Google’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features (“Brand Features”) solely in connection with your use of the Services and in accordance with the Agreement and the Google Branding Guidelines. We may revoke this licence at any time. Any goodwill arising from your use of Google’s Brand Features will belong to Google. We may include your name and Brand Features in our presentations, marketing materials, customer lists and financial reports. 8. Privacy Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Google can use such data in accordance with our privacy policy. You will ensure that at all times you use the Services, the Properties have a clearly labelled and easily accessible privacy policy that provides end users with clear and comprehensive information about cookies, device-specific information, location information and other information stored on, accessed on, or collected from end users’ devices in connection with the Services, including, as applicable, information about end users’ options for cookie management. You will use commercially reasonable efforts to ensure that an end user gives consent to the storing and accessing of cookies, device-specific information, location information or other information on the end user's device in connection with the Services where such consent is required by law. 9. Confidentiality You agree not to disclose Google Confidential Information without our prior written consent. "Google Confidential Information" includes: (a) all Google software, technology and documentation relating to the Services; (b) click-through rates or other statistics relating to Property performance as pertaining to the Services; (c) the existence of, and information about, beta features in a Service and (d) any other information made available by Google that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Google Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party. Notwithstanding this Section 9, you may accurately disclose the amount of Google’s gross payments resulting from your use of the Services. 10. Termination You may terminate the Agreement at any time by completing the account cancellation process. The Agreement will be considered terminated within 10 working days of Google's receipt of your notice. If you terminate the Agreement and your earned balance equals or exceeds the applicable threshold, we will pay you your earned balance within approximately 90 days after the end of the calendar month in which the Agreement is terminated. Any earned balance below the applicable threshold will remain unpaid. Google may at any time terminate the Agreement, or suspend or terminate the participation of any Property in the Services for any reason. The parties agree to waive any provisions of local law which may limit, restrict, require a court order or otherwise inhibit Google’s ability to terminate this Agreement at its sole discretion. If we terminate the Agreement due to your breach or due to invalid activity, we may withhold unpaid amounts or charge back your account. If you breach the Agreement or Google suspends or terminates your Account, you (i) will not be allowed to create a new Account and (ii) may not be permitted to monetise content on other Google products. 11. Indemnity You agree to indemnify and defend Google, its affiliates, agents and advertisers from and against any and all third-party claims and liabilities arising out of or related to the Properties, including any content served on the Properties that is not provided by Google, your use of the Services, or your breach of any term of the Agreement. Google’s advertisers are third-party beneficiaries of this indemnity. 12. Representations; Warranties; Disclaimers You represent and warrant that (i) you have full power and authority to enter into the Agreement; (ii) you are the owner of, or are legally authorized to act on behalf of the owner of, each Property; (iii) you are the technical and editorial decision maker in relation to each Property on which the Services are implemented and that you have control over the way in which the Services are implemented on each Property; (iv) Google has never previously terminated or otherwise disabled an AdSense account created by you due to your breach of the Agreement or due to invalid activity; (v) entering into or performing under the Agreement will not violate any agreement that you have with a third party or any third-party rights and (vi) all of the information provided by you to Google is correct and current. OTHER THAN AS EXPRESSLY SET OUT IN THE AGREEMENT, WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE EACH SERVICE “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT SUCH STATUTORY WARRANTIES OR CONDITIONS APPLY AND CANNOT BE EXCLUDED, TO THE EXTENT TO WHICH GOOGLE IS ALLOWED, GOOGLE LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE WARRANTIES OR CONDITIONS TO, AT GOOGLE’S OPTION, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. Nothing in this Agreement, including Sections 11, 12 and 13, shall exclude or limit Google’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and Google’s liability will be limited to the maximum extent permitted by law. 13. Limitation of Liability TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE DAMAGES OR LOSSES AND EXPENSES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND EXPENSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) EACH PARTY’S AGGREGATE LIABILITY UNDER THE AGREEMENT IS LIMITED TO THE NET AMOUNT RECEIVED AND RETAINED BY THAT PARTICULAR PARTY IN CONNECTION WITH THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. 14. Miscellaneous Entire Agreement; Amendments. The Agreement is our entire agreement relating to your use of the Services and supersedes any prior or contemporaneous agreements on that subject. This Agreement may be amended (i) in a writing signed by both parties that expressly states that it is amending the Agreement, or (ii) as set forth in Section 4, if you keep using the Services after Google modifies the Agreement. Assignment. You may not assign or transfer any of your rights under the Agreement. Independent Contractors. The parties are independent contractors and the Agreement does not create an agency, partnership or joint venture. No Third-Party Beneficiaries. Other than as set forth in Section 11, this Agreement does not create any third-party beneficiary rights. No Waiver. Other than as set forth in Section 5, the failure of either party to enforce any provision of the Agreement will not constitute a waiver. Severability. If it turns out that a particular term of the Agreement is not enforceable, the balance of the Agreement will remain in full force and effect. Survival. Sections 7, 9, 10, 11, 13 and 14 of these AdSense Terms will survive termination. Governing Law; Venue. All claims arising out of or relating to this Agreement or the Services will be governed by California law, excluding California’s conflict of laws rules. The parties will try in good faith to settle any dispute relating to the Agreement (“Dispute”) within 30 days after such Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the International Centre for Dispute Resolution of the American Arbitration Association and conducted in accordance with its Expedited Commercial Rules in force as of the date of the Agreement. There will be one arbitrator selected by mutual agreement of the parties. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any court having jurisdiction for injunctive relief necessary to protect its rights pending resolution of the arbitration. Any decision rendered by the arbitrator will be final and binding on the parties, and judgment thereon may be entered by any court of competent jurisdiction. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. All information disclosed in connection with the arbitration, including the existence of the arbitration, will be Confidential Information governed by the confidentiality provision of Section 9. The parties may, however, disclose such information to an appropriate court under confidentiality restrictions, as necessary to seek enforcement of any arbitration award or judgment or to seek any relief permitted under the terms hereof. Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance) that was beyond the party’s reasonable control. Communications. In connection with your use of the Services, we may contact you regarding service announcements, administrative messages and other information. You may opt out of some of those communications in your Account settings. For information about how to contact Google, please visit our contact page. * * * 15. Service-Specific Terms If you choose to implement any of the following Services on a Property, you also agree to the additional terms identified below: AdMob: the AdMob Publisher Guidelines and Policies. Custom Search Engine: the Custom Search Engine Terms of Service.