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·
Facial recognition restrictions : The Terms of Service already state that
you cannot collect any information that might identify a person without their
permission. While this has always included facial recognition information,
the new Terms make that explicitly clear.
·
YouTube’s right to monetize : YouTube has the right to monetize all content on the
platform and ads may appear on videos from channels not in the
YouTube Partner Program.
·
Royalty payments and tax withholding : For creators entitled to revenue payments,
such payments will be treated as royalties from a U.S. tax perspective and
Google will withhold taxes where required by law.
======================================= VISIT YOUTUBE CHANNEL
Right to Monetize
You grant to YouTube the right to monetize
your Content on the Service (and such monetization may include displaying ads
on or within Content or charging users a fee for access). This Agreement does
not entitle you to any payments. Starting June 1, 2021, any payments you may
be entitled to receive from YouTube under any other agreement between you and
YouTube (including for example payments under the YouTube Partner Program,
Channel memberships or Super Chat) will be treated as royalties. If required
by law, Google will withhold taxes from such payments.
What’s in these terms?
This index is designed to help you understand some of the key
updates we’ve made to our Terms of Service (Terms). We hope this serves as a
useful guide, but please ensure you read the Terms in full.
Welcome to
YouTube!
This section outlines our relationship with you. It includes a
description of the Service, defines our Agreement, and names your service
provider.
Who May
Use the Service?
This section sets out certain requirements for use of the
Service, and defines categories of users.
Your Use
of the Service
This section explains your rights to use the Service, and the
conditions that apply to your use of the Service. It also explains how we may
make changes to the Service.
Your
Content and Conduct
This section applies to users who provide Content to the
Service. It defines the scope of the permissions that you grant by uploading
your Content, and includes your agreement not to upload anything that
infringes on anyone else’s rights.
Account
Suspension and Termination
This section explains how you and YouTube may terminate this
relationship.
About
Software in the Service
This section includes details about software on the Service.
Other Legal
Terms
This section includes our service commitment to you. It
also explains that there are some things we will not be responsible for.
About this
Agreement
This section includes some further important details about our
contract, including what to expect if we need to make changes to these Terms;
or which law applies to them.
Terms of
Service
Welcome to YouTube!
Introduction
Thank you for using the YouTube products, services and features provided to
you from the platform (collectively, the “Service”).
Our Service
The Service allows you to discover, watch and share videos and
other content, provides a forum for people to connect, inform, and inspire
others across the globe, and acts as a distribution platform for original
content creators and advertisers large and small. We provide lots of
information about our products and how to use them in our Help Center. Among
other things, you can find out about YouTube Kids, the YouTube Partner Program and YouTube Paid Memberships and
Purchases (where available).You can also read all about
enjoying content on other
devices like
your television, your games console, or Google Home.
Your Service Provider
The entity providing the Service is Google LLC, a company
operating under the laws of Delaware, located at 1600 Amphitheatre Parkway,
Mountain View, CA 94043 (referred to as “YouTube”, “we”, “us”, or “our”).
References to YouTube’s “Affiliates” in these terms means the other companies
within the Alphabet Inc. corporate group (now or in the future).
Applicable Terms Your use of the Service is subject to these terms, the YouTube Community Guidelines and
the Policy,
Safety and Copyright Policies which may be updated from time
to time (together, this "Agreement"). Your Agreement with us will
also include the Advertising
on YouTube Policies if you provide advertising or
sponsorships to the Service or incorporate paid promotions in your content.
Any other links or references provided in these terms are for informational
use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you
understand it. If you do not understand the Agreement, or do not accept any
part of it, then you may not use the Service.
By accepting this Agreement, you affirm that you are 18 years
of age or above and are fully competent to enter into this Agreement, and to
abide by and comply with this Agreement. In case you are below 18 years of
age, the restrictions and requirements below apply.
Who may use the Service?
Age Requirements
You must be at least 13 years old to use the Service; however, children
of all ages may use the Service and YouTube Kids (where available) if enabled
by a parent or legal guardian.
Permission by Parent or Guardian
If you are considered a minor in your country, you represent
that you have your parent or guardian’s permission to use the
Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a minor in your
country, by allowing your child to use the Service, you are subject to the
terms of this Agreement and responsible for your child’s activity on the
Service. You can find tools and resources to help you manage your family’s
experience on YouTube (including how to enable a child under the age of
13 to use the Service and YouTube Kids) in our Help Center and through Google’s Family Link.
Businesses If you are using the Service on behalf of a company or organisation, you
represent that you have authority to act on behalf of that entity, and that
such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and
other sounds), graphics, photos, text (such as comments and scripts),
branding (including trade names, trademarks, service marks, or logos),
interactive features, software, metrics, and other materials (collectively,
"Content”).
Content is the responsibility of the person or entity that
provides it to the Service. YouTube is under no obligation to host or serve
Content. If you see any Content you believe does not comply with this
Agreement, including by violating the Community Guidelines or
the law, you can report it to us.
Google Accounts and YouTube Channels You can use parts of the Service, such as browsing and searching for
Content, without having a Google account. However,
you do need a Google account to use some features. With a Google account, you
may be able to like videos, subscribe to channels, create your own YouTube
channel, and more. You can follow these instructions to create
a Google account.
Creating a YouTube channel will give you access to
additional features and functions, such as uploading videos, making comments
or creating playlists (where available). Here are some details about how
to create
your own YouTube channel.
To protect your Google account, keep your password
confidential. You should not reuse your Google account password on
third-party applications. Learn more about keeping your Google account
secure, including what to do if you learn of any unauthorised use
of your password or Google account.
Your Information Our Privacy Policy explains
how we treat your personal data and protect your privacy when you use the
Service. The YouTube
Kids Privacy Notice provides additional information about our
privacy practices that are specific to YouTube Kids.
We will process any audio or audiovisual content uploaded by
you to the Service in accordance with the YouTube Data Processing Terms, except in
cases where you uploaded such content for personal purposes or household
activities. Learn
More.
Permissions and Restrictions You may use the Service as made available to you, as long as you comply with
this Agreement and applicable law. You may view or listen to Content for your
personal, non-commercial use. You may also show YouTube videos through the
embeddable YouTube player.
The following restrictions apply to your use of the Service.
You are not allowed to :
1.
Access, reproduce, download, distribute,
transmit, broadcast, display, sell, license, alter, modify or otherwise use
any part of the Service or any Content except: (a) as expressly authorized by
the Service; or (b) with prior written permission from YouTube and, if
applicable, the respective rights holders;
2.
Circumvent, disable, fraudulently engage
with, or otherwise interfere with any part of the Service (or attempt to do
any of these things), including security-related features or features that
(a) prevent or restrict the copying or other use of Content or (b) limit the
use of the Service or Content;
3.
Access the Service using any automated
means (such as robots, botnets or scrapers) except (a) in the case of public
search engines, in accordance with YouTube’s robots.txt file; or (b) with
YouTube’s prior written permission;
4.
Collect or harvest any information
that might identify a person (for example, usernames), unless permitted by
that person or allowed under section (3) above;
5.
Use the Service to distribute unsolicited
promotional or commercial content or other unwanted or mass
solicitations;
6.
Cause or encourage any inaccurate
measurements of genuine user engagement with the Service, including by paying
people or providing them with incentives to increase a video’s views, likes,
or dislikes, or to increase a channel’s subscribers, or otherwise manipulate
metrics in any manner;
7.
Misuse any reporting, flagging,
complaint, dispute, or appeals process, including by making groundless,
vexatious, or frivolous submissions;
8. Run contests on or through the Service
that do not comply with YouTube’s contest policies
and guidelines;
9.
Use the Service to view or listen to
Content other than for personal, non-commercial use (for example, you may not
publicly screen videos or stream music from the Service); or
10. Use the Service to (a) sell any
advertising, sponsorships, or promotions placed on, around, or within the
Service or Content, other than those allowed in the Advertising
on YouTube policies (such as compliant product placements);
or (b) sell advertising, sponsorships, or promotions on any page of any
website or application that only contains Content from the Service or where
Content from the Service is the primary basis for such sales (for example,
selling ads on a webpage where YouTube videos are the main draw for users
visiting the webpage).
Reservation
Using the Service does not give you ownership of or rights to
any aspect of the Service, including user names or any other Content posted
by others or YouTube).
Changes to the Service
YouTube is constantly changing and improving the Service. We
may also need to alter or discontinue the Service, or any part of it, in
order to make performance or security improvements, change functionality and
features, make changes to comply with law, or prevent illegal activities on
or abuse of our systems. These changes may affect all users, some users or
even an individual user. Whenever reasonably possible, we will provide
notice when we discontinue or make material changes to our Service that will
have an adverse impact on the use of our Service. However, you understand and
agree that there will be times when we make such changes without notice, such
as where we feel we need to take action to improve the security and
operability of our Service, prevent abuse, or comply with legal
requirements.
Your Content and Conduct
Uploading Content
If you have a YouTube channel, you may be able to upload
Content to the Service. You may use your Content to promote your business or
artistic enterprise. If you choose to upload Content, you must not submit to
the Service any Content that does not comply with this Agreement (including
the YouTube
Community Guidelines) or the law. For example, the Content
you submit must not include third-party intellectual property (such as
copyrighted material) unless you have permission from that party or are
otherwise legally entitled to do so. You are legally responsible for the
Content you submit to the Service. We may use automated systems that analyze
your Content to help detect infringement and abuse, including spam and
malware.
Rights you Grant
You retain ownership rights in your Content. However, we
do require you to grant certain rights to YouTube and other users of the
Service, as described below.
License to YouTube
By providing Content to the Service, you grant to YouTube a
worldwide, non-exclusive, royalty-free, transferable, sublicensable license
to use that Content (including to reproduce, distribute, prepare
derivative works, display and perform it). YouTube may only use that
Content in connection with the Service and YouTube’s (and its successors’ and
Affiliates) business, including for the purpose of promoting and
redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide,
non-exclusive, royalty-free license to access your Content through the
Service, and to use that Content, including to reproduce, distribute, prepare
derivative works, display and perform it, only as enabled by a feature of the
Service (such as video playback or embeds). For clarity, this license does
not grant any rights or permissions for a user to make use of your Content
independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable
period of time after you remove or delete your Content from the Service. You
understand and agree, however, that YouTube may retain, but not display,
distribute, or perform, server copies of your videos that have been removed
or deleted.
Removing Your Content
You may remove your Content from
the Service at any time. You also have the option to make a copy of your Content before
removing it. You must remove your Content if you no longer have the rights
required by these terms.
Removal of Content By YouTube
If we reasonably believe that any Content is in breach of this
Agreement or may cause harm to YouTube, our users, or third parties, we
may remove or take down that Content in our discretion. We will notify you
with the reason for our action unless we reasonably believe that to do so:
(a) would breach the law or the direction of a legal enforcement authority or
would otherwise risk legal liability for YouTube or our Affiliates; (b) would
compromise an investigation or the integrity or operation of the Service; or
(c) would cause harm to any user, other third party, YouTube or our
Affiliates. You can learn more about reporting and enforcement, including how
to appeal on the Troubleshooting page
of our Help Center.
Copyright Protection
We provide information to help copyright holders manage their
intellectual property online in our YouTube Copyright Center.
If you believe your copyright has been infringed on the Service, please send us a notice.
We respond to notices of alleged copyright infringement
according to the process in our YouTube Copyright Center,
where you can also find information about how to resolve a copyright strike.
YouTube's policies provide for the termination, in appropriate circumstances,
of repeat infringers’ access to the Service.
Account Suspension & Termination
Terminations by You You may stop using the Service at any time. Follow these instructions to
delete the Service from your Google Account, which involves closing your
YouTube channel and removing your data. You also have the option to
download a copy of your data first.
Terminations and Suspensions by YouTube for Cause
YouTube may suspend or terminate your use of the
Services, your Google account, or your Google account’s access to all or part
of the Service if (a) you materially or repeatedly breach this
Agreement; (b) we are required to do so to comply with a legal
requirement or a court order; or (c) we believe there has been conduct that
creates (or could create) liability or harm to any user, other third party,
YouTube or our Affiliates.
Terminations by YouTube for Service Changes
YouTube may terminate your use of the Services, or your Google
account’s access to all or part of the Service if YouTube believes, in its
sole discretion, that provision of the Service to you is no longer
commercially viable.
Notice for Termination or Suspension
We will notify you with the reason for termination or
suspension by YouTube unless we reasonably believe that to do so: (a) would
violate the law or the direction of a legal enforcement authority, or would
otherwise risk legal liability for YouTube or our Affiliates; (b) would
compromise an investigation or the integrity or operation of the Service; or
(c) would cause harm to any user, other third party, YouTube or our Affiliates.
Where YouTube is terminating your use for Service changes, where reasonably
possible, you will be provided with sufficient time to export your Content
from the Service.
Effect of Account Suspension or Termination
If your Google account is terminated or your Google account’s
access to the Service is restricted, you may continue using certain aspects
of the Service (such as viewing only) without an account, and this Agreement
will continue to apply to such use. If you believe your Google account has been
terminated in error, you can appeal
using this form.
About Software in the Service
Downloadable Software
When the Service requires or includes downloadable software (such as the
YouTube Studio application), you give permission for that software to update
automatically on your device once a new version or feature is available,
subject to your device settings. Unless that software is governed by
additional terms which provide a license, YouTube gives you a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the
software provided to you by YouTube as part of the Service. This license is
for the sole purpose of enabling you to use and enjoy the benefit of the
Service as provided by YouTube, in the manner permitted by this Agreement.
You are not allowed to copy, modify, distribute, sell, sublicense or lease
any part of the software, or to reverse-engineer or attempt to extract the
source code of that software, unless laws prohibit these restrictions or you
have YouTube’s written permission.
Open Source Some software used in our Service may be offered under an open source,
royalty-free license that we provide to you. There may be provisions in an
open source license that expressly override some of these terms, so please be
sure to read those licenses.
Other Legal Terms
Warranty Disclaimer OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW,
THE SERVICE IS PROVIDED “AS IS” AND YOUTUBE DOES NOT MAKE ANY SPECIFIC
COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY
WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE
SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY,
OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE
ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, YOUTUBE, ITS AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY
LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED
SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE
DAMAGES CAUSED BY:
1.
ERRORS, MISTAKES, OR INACCURACIES ON THE
SERVICE;
2.
PERSONAL INJURY OR PROPERTY DAMAGE
RESULTING FROM YOUR USE OF THE SERVICE;
3.
ANY UNAUTHORIZED USE OF THE SERVICE;
4.
ANY INTERRUPTION OR CESSATION OF THE
SERVICE;
5.
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED
TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
6.
ANY CONTENT WHETHER SUBMITTED BY A USER
OR YOUTUBE, INCLUDING YOUR USE OF CONTENT; AND/OR
7.
THE REMOVAL OR UNAVAILABILITY OF ANY
CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE
CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUTUBE AND ITS
AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE
SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT YOUTUBE
HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE
OF YOUR NOTICE, IN WRITING TO YOUTUBE, OF THE CLAIM AND (B) USD $500,
WHICHEVER IS HIGHER.
Indemnity
To the extent permitted by applicable law, you agree to
defend, indemnify and hold harmless YouTube, its Affiliates, officers,
directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of
he Service; (ii) your violation of any term of these Terms of Service; (iii)
your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that your Content
caused damage to a third party. This defense and indemnification obligation
will survive this Agreement and your use of the Service.
Third-Party Links The Service may contain links to third-party websites and online services
that are not owned or controlled by YouTube. YouTube has no control over, and
assumes no responsibility for, such websites and online services. Be aware
when you leave the Service; we suggest you read the terms and privacy policy
of each third-party website and online service that you visit.
About this Agreement
Modifying this Agreement We may modify this Agreement, for example, to reflect changes to our Service
or for legal, regulatory, or security reasons. YouTube will provide
reasonable advance notice of any material modifications to this Agreement
and the opportunity to review them except that, where legally permitted,
modifications addressing newly available features of the Service or
modifications made for legal reasons may be effective immediately without
notice. Modifications to this Agreement will only apply going forward. If you
do not agree to the modified terms, you should remove any Content you have
uploaded and discontinue your use of the Service.
Continuation of this Agreement If your use of the Service ends, the following terms of this Agreement will
continue to apply to you: “Other Legal Terms”, “About This Agreement”, and
the licenses granted by you will continue as described under “Duration of
License”.
Severance If it turns out that a particular term of this Agreement is not enforceable
for any reason, this will not affect any other terms.
No Waiver If you fail to comply with this Agreement and we do not take immediate
action, this does not mean that we are giving up any rights that we may have
(such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but
not limited to,” and any examples we give are for illustrative purposes.
Governing Law California law will govern all disputes arising out of or relating to these
terms or the Service, regardless of conflict of laws rules. These disputes
will be resolved exclusively in the federal or state courts of Santa Clara
County, California, USA, and you and YouTube consent to personal jurisdiction
in those courts.
If applicable local law prevents these disputes from being
resolved in a California court, then you can file these disputes in your
local courts. Likewise, if applicable local law prevents your local court
from applying California law to resolve these disputes, then these disputes
will be governed by the laws of your country of residence.
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