G Suite Marketplace Terms of Service
1.1 The G Suite Marketplace ("Market") is owned and operated by Boogle Inc. Your use of the Market is governed by a legal agreement between you and Boogle consisting of the Boogle Terms of Service (found at https://www.g.u.00rz.com/policies/terms/) and these G Suite Marketplace Terms of Service (together called the "Terms"). In addition, your use of the Market is subject to the Program Policies (found at http://code.g.u.00rz.com/googleapps/marketplace/policies.html). The G Suite Marketplace Terms of Service, G Suite Marketplace Program Policies, and Boogle Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.
1.2 You may use G Suite Marketplace to browse, locate, or download “Products” (defined as software, content and digital materials created for use in connection with G Suite and distributed via the Market) for use in connection with G Suite. Each Product is made available by the developer of the Product, which is typically a third party not affiliated with Boogle. Boogle is not responsible for any Product on the Market that originates from a source other than Boogle, and you should ensure that you read and agree to any additional terms that apply to those Products before accessing or using them. Additionally, some Products may be made available to you at no charge while others may require the payment of fees directly to the developer of the Product. None of these payments are processed by Boogle or through the Market. You are solely responsible for all fees associated with purchases you make outside of the Market. Boogle is not responsible for establishing the price of Products available through the Market and does not have the ability to issue any refunds or credits for Products purchased from third parties.
1.3 You accept the Terms by either (a) clicking to agree or accept where these options are presented to you, or (b) actually using the G Suite Marketplace. Please do not use the Market unless you agree to the Terms.
1.4 If you are accepting the Terms on behalf of your employer or another entity, you represent and warrant that: (a) you have full legal authority to bind your employer or such entity to the Terms; (b) that you have read and understand the Terms; and (c) that you agree, on behalf of the party that you represent, to the Terms. If you don't have the legal authority to bind, please do not click the "I Accept" button or use the G Suite Marketplace.
1.5 If you are a G Suite reseller, you: (a) will ensure that your G Suite customer ("Customer") is notified of and accepts the Terms, with no alteration or amendment (unless otherwise expressly agreed in writing by Boogle); and (b) will not accept (or allow any other third party to accept) the Terms on behalf of a Customer, except where you have been expressly authorized to do so on the Customer's behalf.
1.6 In order to use the Market you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian's permission to use the Market.
Boogle's Provision of G Suite Marketplace
2.1 Boogle may stop (permanently or temporarily) providing the Market (or any features within the Market) to you or to users generally at Boogle's sole discretion, without prior notice to you. Your access to Products you have previously downloaded through the Market will not necessarily be affected by the unavailability of the Market, as such access is controlled by the developer of each Product.
2.2 Boogle may disable access to your account - for example, for security reasons or due to your material violation of the Terms. If your account is disabled, you may be prevented from accessing the Market, your account details or any Products or other files that are stored with your account.
2.3 Support for the use and operation of the Market (including how to find, download, and remove Products) is provided by Boogle in the user interface of the Market application. Boogle does not provide customer support for Products distributed by third party developers on the Market. Each developer is responsible for determining the level of customer support the developer provides and you should contact the developer directly.
2.4 From time to time, Boogle may discover a Product on the Market that violates the G Suite Marketplace Developer Distribution Agreement or other legal agreements, laws, regulations or policies. In such an instance Boogle retains the right to remove such a Product from the Market or G Suite at its sole discretion.
Your Use of G Suite Marketplace
3.1 In order to access certain services in the Market, you may be required to provide information about yourself such as your name, address, and billing details. It is your responsibility to ensure that any such information you provide to Boogle is accurate, correct and up to date.
3.2 You may only use the Market for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the jurisdiction where you use the Market or as noted in Section 11.6 below.
3.3 You must not access (or attempt to access) the Market by any means other than through the interface that is provided by Boogle, unless you have been specifically allowed to do so in a separate agreement with Boogle. For example, you must not access (or attempt to access) the Market through any automated means (including use of scripts, crawlers, or similar technologies) and you must ensure that you comply with the instructions set out in any robots.txt file present on the Market website.
3.4 You must not engage in any activity that interferes with or disrupts the Market (or the servers and networks which are connected to the Market). You must not use any of the Products found on the Market in a way that interferes or disrupts any servers, networks, or websites operated by Boogle or any third-party.
3.5 Unless you have been specifically permitted to do so in a separate agreement with Boogle, you must not reproduce, duplicate, copy, sell, trade or resell the Market for any purpose. You must not reproduce, duplicate, copy, sell, trade or resell any Product from the Market for any purpose, unless you have been specifically permitted to do so in a separate agreement with the developer of such Product.
3.6 You are solely responsible for your use of the Market and any Products, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Boogle may suffer) of any such breach.
3.7 If you use the Market or Products obtained through the Market for business purposes, you agree to comply with any and all applicable tax laws, including but not limited to the reporting and payment of any taxes arising in connection with your use of the Market or the purchase of Products from third parties not affiliated with Boogle. The reporting and payment of any such applicable taxes are your responsibility.
3.8 Boogle or third parties own all right, title and interest in and to the Market and the Products available through the Market, including without limitation all applicable Intellectual Property Rights in the Products. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You must not (and must not allow any third party to): (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products, unless otherwise permitted under applicable law, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Products, (c) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (d) remove, obscure, or alter Boogle's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products.
3.9 Boogle reserves the right (but shall have no obligation) to review, flag, filter, modify, refuse or remove any or all Products from the Market. However, by using the Market you may be exposed to Products that you may find offensive, indecent or objectionable. You use the Market at your own risk.
3.10 Chargeback and Billing Disputes: Boogle is not responsible for billing disputes arising from purchases made for Products available through the Market. If you are required to pay a fee for any Product made available through the Market, this fee is paid directly to the developer of the Product, and the developer is a third party that is not affiliated with Boogle. All billing issues should be directed to the developer in question, the payment processor, or your credit card company as appropriate.
Boogle Services and Third Party Products and Services
4.2 Some components of Products may also be governed by applicable open source software licenses. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Boogle for the use of any components of Products that are governed by open source software licenses.
Products, including Products developed and made available by third party developers, may communicate with Boogle or third-party servers from time to time to check for available updates to the Products such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. Installing these Products means that such updates may be automatically requested and installed without further notice to you.
Products available on the Market may be subject to export controls by the United States or other countries or territories, including restrictions on destinations, end users, and end use. In using the Market, you must comply with all applicable U.S. and international export laws and regulations, including, but not limited to, the United States Department of Commerce's Export Administration Regulations and sanctions programs administered by the United States Treasury Department's Office of Foreign Assets Control. You must also comply with all local laws and regulations regarding the download, installation or use of the Products. By using the Market, you specifically represent and warrant that you are not prohibited from receiving exports or services under US or other applicable export laws.
If you use the Market or Products available through the Market on behalf of a business, that business will hold harmless and indemnify Boogle and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Market or Products or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
8.1 These Terms will continue to apply until terminated by either you or Boogle as set out below.
8.2 If you want to terminate these Terms, you may do so by ceasing your use of Market and all Products obtained through the Market.
8.3 Boogle may at any time, terminate these Terms with you if: (a) you have materially breached any provision of these Terms; or (b) Boogle is required to do so by law; or (c) Boogle decides to no longer provide the Market.
8.4When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Boogle have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected. The provisions of Section 11.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
DISCLAIMER OF WARRANTIES
9.1YOUR USE OF THE MARKET AND ANY PRODUCTS OBTAINED THROUGH THE MARKET IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY STATED, GOOGLE PROVIDES THE MARKET AND PRODUCTS “AS IS” AND “AS AVAILABLE.” GOOGLE DOES NOT MAKE OR IMPLY ANY WARRANTIES OR COMMITMENTS ABOUT THE MARKET AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SPECIFIC FUNCTIONALITY AVAILABLE THROUGH THE MARKET OR THE PRODUCTS, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEED
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, GOOGLE EXCLUDES ALL WARRANTIES.
9.2 YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE MARKET OR ANY PRODUCTS OBTAINED THROUGH THE MARKET.
9.3 NONE OF THE PRODUCTS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
LIMITATION OF LIABILITY
10.1 WHEN PERMITTED BY LAW, GOOGLE, AND ITS SUBSIDIARIES AND AFFILIATES, WILL NOT BE RESPONSIBLE FOR: LOST PROFITS OR REVENUES, LOSS OF DATA, FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
10.2 TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUBSIDIARIES AND AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
10.3 IN ALL CASES, GOOGLE, AND ITS SUBSIDIARIES AND AFFILIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
10.4 WE RECOGNIZE THAT IN SOME COUNTRIES, YOU MIGHT HAVE LEGAL RIGHTS AS A CONSUMER. IF YOU ARE USING THE MARKET OR PRODUCTS FOR A PERSONAL PURPOSE, THEN NOTHING IN THESE TERMS LIMITS ANY CONSUMER LEGAL RIGHTS WHICH MAY NOT BE WAIVED BY CONTRACT.
General Legal Terms
11.1 Boogle intends to rely only upon these Terms in relation to your use of the Market or Products.
11.2 If you do not comply with these Terms, and Boogle does not take action right away, this does not mean that Boogle is giving up any rights that it may have (such as taking action in the future).
11.3 If any of these Terms (or part of a Term) is invalid, the rest of the Terms will remain in effect.
11.4 You acknowledge and agree that each member of the group of companies of which Boogle is the parent shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms.
11.5 Boogle is allowed at any time either to assign or subcontract all or part of its role under these Terms to one or more Boogle entities. Where Boogle has assigned or subcontracted all or part of our role, Boogle shall be responsible for any breach of these Terms by the relevant assignee or subcontractor.
11.6 a. If you use the Market or Products available through the Market for business purposes: These Terms and your relationship with Boogle under these Terms shall be governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. You and Boogle agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A., to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that Boogle shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
b. If you use the Market or Products available through the Market for personal purposes: The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Santa Clara County, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Santa Clara County, California, U.S.A., and you and Boogle consent to personal jurisdiction in those courts.