Glass Explorer Edition Terms of Use

Effective: June 23, 2014

Glass Terms of Use

These are the Terms of Use ("Terms") that apply between you and Google Inc., a Delaware corporation whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (referred to as "Google" or "we"), when you use Glass Explorer Edition (the "Device").

Please read the Terms carefully. By using a Device you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not use the Device. You must be 18 years or older in order to use the Device.

Google Services

When you use a Device or any Google software or services through your Device, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service. For example, your use of any Glass software or services that use Google Maps is also subject to the Google Maps/Earth Additional Terms of Service and Legal Notices, and your use of any navigation features is subject to the following navigation disclaimer: Please keep your eyes on the road and obey applicable laws. Do not manipulate this application while in motion. Directions may be inaccurate, incomplete, dangerous, not suitable, or prohibited. Data is not real-time, and location accuracy cannot be guaranteed.

Use of certain Device features may require that you open a Google account. Note some Google services and content may vary by region. In the event of any conflict between the Google Terms of Service and these Terms, these Terms will apply for that conflict.

Software and Services

You may only use your consumer Google account on the Device, unless otherwise authorized by Google. You may enable Glass services on the Device through the MyGlass interface. These Glass services may be developed by Google or third parties, and may be subject to additional terms.

From time to time, the Device may check with remote servers (hosted by Google or by third parties) for available updates to both the Glass software and any Glass services you have enabled, including but not limited to bug fixes or enhanced functionality. Such updates may be automatically requested, downloaded, and installed without further notice to you.

From time to time, Google may discover a Glass service that violates Google developer terms or other legal agreements, laws, regulations or policies. The Device will periodically download a list of such Glass services from Google’s servers. Google may remotely disable or remove any such Glass service from user systems in its sole discretion.

If you install or enable any software or services on the Device through any means other than the MyGlass interface or as otherwise authorized by Google, or make unauthorized alterations to the Glass software or Glass services: (i) you may no longer be eligible to receive any customer or technical support from Google for your Device, and (ii) any limited product warranty provided under the applicable terms of sale may be void and no longer apply to your Device.

Support

Please refer to Glass Support to learn more about any support offered by Google in connection with your Device.

Privacy

Google will determine and use your location, that photos and videos taken on your Device will be added to your Google+ Auto Backup album, and that your Device will display information sent to devices that are synced with it (such as text messages). Please refer to the Google Privacy Policy for more information on how Google collects, uses and shares the information we receive from you.

Beta Product

Glass is in beta, and your testing and feedback are an important part of the Explorer program. By participating, you acknowledge that implementation of some Glass features and services are still under development and that you should not rely on the Device, software, or Glass services having the full functionality of a consumer release.

Restrictions

You may only use the Device in accordance with the instructions that come with it, including instructions that may be made available online.

Data and Deactivation

You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device.

If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back up your data periodically.

Limitation of Liability

WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE DEVICE OR GLASS SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

We recognise that in some countries, you might have legal rights as a consumer. If you are using the Device for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.

Governing Law and Jurisdiction

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. 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 will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts.

Changes to the Terms

We may modify these Terms to, for example, reflect changes to the law or changes to our services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the Device. You may view the current version of the Terms on the Glass website.

Events Beyond Reasonable Control

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.

No Waiver

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

Severability

If it turns out that a particular term is not enforceable, this will not affect any other terms.