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WaterDog
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my anwser to the google video censoring question
okay, i'm about to go upload a video, and i'm documenting the process so i could find out how censoring videos worked with google.
i'm signing up to upload videos now, it first started by asking what country i lived in, now the private policy page came up
Quote:
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE
PROGRAM FREQUENTLY ASKED QUESTIONS LOCATED ON THE PROGRAM
WEBSITE AT https://upload.video.google.com/ (THE "FAQ") BEFORE
REGISTERING FOR THE GOOGLE VIDEO UPLOAD PROGRAM (THE "PROGRAM").
THE TERMS AND CONDITIONS OF THIS CONTENT HOSTING SERVICES
AGREEMENT (THE "AGREEMENT") GOVERN YOUR PROVISION OF CONTENT TO
GOOGLE (INCLUDING, IF APPLICABLE, YOUR DOWNLOAD AND USE OF THE
VIDEO UPLOADER SOFTWARE (THE "UPLOADER")) FOR POSSIBLE INCLUSION
IN THE PROGRAM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, YOU HAVE NO RIGHT TO PARTICIPATE IN THE
PROGRAM OR TO DOWNLOAD OR USE THE UPLOADER. THIS AGREEMENT
BETWEEN YOU (AS DEFINED BELOW) AND GOOGLE INC. AND ITS
AFFILIATES ("GOOGLE" OR "WE" OR "US") IS SUBJECT TO CHANGE BY
GOOGLE AT ANY TIME IN ITS SOLE AND ABSOLUTE DISCRETION. BY
CLICKING ON THE "I ACCEPT" BUTTON BELOW OR BY SIGNING THIS
AGREEMENT YOU (I) ACCEPT THIS AGREEMENT EITHER FOR YOURSELF OR
ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, (II) AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS AND (III) HAVE ENTERED INTO
A BINDING AGREEMENT BETWEEN YOU AND GOOGLE INC. IF YOU ARE
ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR
ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL
LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR SUCH ENTITY TO THESE
TERMS AND CONDITIONS.
Introduction. By entering into this Agreement, You are
requesting to participate in the Program where Google provides
hosting services at the direction of content providers who seek
to make their content available to end users, subject to the
terms of this Agreement. "You" means you or, if you are
entering into this Agreement on behalf of your employer or
another entity, then "You" means that employer or entity and
affiliates. We may revise the terms of this Agreement by
providing the new terms and conditions for You to accept or
reject when You next log in to the Program and by sending notice
to You at your email address of record. You must accept or
reject the new terms and conditions within five (5) days from
the date the notice was sent to You, by logging into the Program
at https://upload.video.google.com/ or as otherwise designated
in writing by Google, and accepting or rejecting the new terms.
If You do not accept or reject the new terms within the five (5)
day period, You will be deemed to have accepted and be bound by
the new terms. If You do not wish to be bound by the new terms,
you must terminate this Agreement but You will no longer be able
to participate in the Program.
1. Program Participation. Participation in the Program is
subject to Google's prior approval and Your continued compliance
with the terms of this Agreement. We reserve the right to
refuse participation to any applicant or participant at any time
in our sole and absolute discretion, and to withdraw content,
suspend, restrict and/or terminate the services provided under
this Agreement and Your participation in the Program,
immediately without notice to You and without liability to
Google, for any reason, including repeat violations of our
copyright policy or other Program policies. You must register
for the Program and create an account in order to participate in
the Program. To register and create an account, go to
https://upload.video.google.com/. Multiple accounts held by the
same individual or entity are subject to immediate termination
unless expressly authorized in writing by Google (including by
electronic mail). You are solely responsible for keeping your
email address and other contact information updated.
2. Your Content. After entering into this Agreement, You may
designate content for hosting and display to end users (i) by
uploading such content directly to Us, by sending copies of Your
content to Google at the address located at
www.google.com/corporate/address.html, Attention: Google Video
Upload Program, in a format designated by Google, or to such
other address as designated by Google, and/or by otherwise
making such content available to Us; and (ii) by providing
additional information about Your content in the form provided
online when You upload Your content and/or by submitting a
completed metadata form as provided by Google to You (each, a
"Metadata Form") to Google at video-partner@google.com. All
content so designated by You and contained within or provided by
You in association with such content, including but not limited
to all images, closed captioning, metadata and music, is
referred to collectively as "Authorized Content." Google shall
have no obligation whatsoever to return any materials delivered
to it for uploading under this Agreement.
3. Use of Content. By entering into this Agreement and
uploading, sending or otherwise making available Your Authorized
Content to Google, you are directing and authorizing Google to,
and granting Google a royalty-free, non-exclusive right and
license to, host, cache, route, transmit, store, copy, modify,
distribute, perform, display, reformat, excerpt, facilitate the
sale or rental of copies of, analyze, and create algorithms
based on the Authorized Content in order to (i) host the
Authorized Content on Google's servers, (ii) index the
Authorized Content; (iii) display, perform and distribute the
Authorized Content, in whole or in part, in the territory(ies)
designated in the Metadata Form, in connection with Google
products and services now existing or hereafter developed,
including without limitation for syndication on third party
sites; and in connection with each of the uses, if any, of the
Authorized Content authorized in the video information page (the
"Video Information Page") which will be made available to You no
sooner than at the time Google enables any of the features
designated on the Video Information Page This license gives
Google the right to display Your Authorized Content via
streaming and/or downloading technologies, and to display
limited excerpts of Your Authorized Content for no fee to the
end user. Google may in its sole discretion display a link or
links to the website You designate (subject to Google's
approval) in the Metadata Form in connection with any display of
Your Authorized Content, and to display links to third party
commercial retailer web sites where purchases of the Authorized
Content may be available, to the extent such third party
commercial retailer web site serves as a distributor of the
Authorized Content. You expressly agree that any and all links
provided by You shall function properly and effectively to allow
end users to transfer immediately to the intended and indicated
site(s), and that You are solely responsible for maintaining and
updating as necessary any such links. Failure to do so may
result in immediate termination without notice to You. Unless
You specify otherwise in the Video Information Page, Google
reserves the right to display advertisements in connection with
any display of Your Authorized Content. Notwithstanding the
foregoing, Google is not required to host, index, or display any
Authorized Content uploaded or otherwise provided to Google, and
may remove or refuse to host, index or display any Authorized
Content. Google is not responsible for any loss, theft,
intellectual property infringement or damage of any kind to the
Authorized Content.
4. Promotional License, Brand Features, Publicity. You hereby
grant Google a non-exclusive, world-wide, royalty-free license
to use Your name and logo ("Brand Features"), in connection with
Your Authorized Content, and to use limited excerpts from Your
Authorized Content for advertising or promotional purposes,
including without limitation the right to publicly display,
perform, reproduce and distribute such excerpts and Brand
Features on the Internet and in presentations, marketing
materials, customer lists, financial reports and Web site
listings of customers. If this Agreement is terminated, Google
may continue to use such excerpts and Brand Features in printed
(versus "online") materials that are in existence as of the date
of termination until such materials are depleted or are
redesigned, whichever comes first.
5. Uploader. You may use the Uploader for the sole purpose of
providing Your Authorized Content to Google. You must
immediately notify Us of any known unauthorized use of the
Uploader. You may not use the Uploader for any other reason,
including but not limited to (i) selling or otherwise
redistributing any aspect of the Uploader, (ii) modifying,
adapting, translating, or reverse engineering any portion of the
Uploader; (iii) attempting to break security, access, tamper
with or use any unauthorized areas of the Uploader; (iv)
removing any copyright, trademark or other proprietary rights
notices contained in or on the Uploader; (v) attempting to
collect or maintain any information about other users of the
Uploader or other third parties for unauthorized purposes; (vi)
transmitting any viruses, worms, defects, Trojan horses or other
malicious code or items of a destructive nature; or (vii) using
the Uploader for any unlawful, harassing, abusive, criminal or
fraudulent purpose.
6. Proprietary Rights. Nothing contained in this Agreement
conveys any ownership right to Us in any of the Authorized
Content, or other materials provided by You. You acknowledge
that as between You and Google, Google owns all right, title and
interest in and to the Program, Google products and services,
and the Uploader and portions thereof, including without
limitation, all intellectual property rights.
7. Confidentiality. You agree not to disclose Google
Confidential Information without Our prior written consent.
"Google Confidential Information" includes without limitation:
(i) all Google software, technology, programming, technical
specifications, materials, guidelines and documentation relating
to this Program; (ii) any click-through rates, financial
information (including pricing), business information, including
operations, planning, marketing interests, products, and any
other reporting information (including revenues, if any, paid to
You by Google) provided by Google; and (iii) any other
information designated in writing by Google as "Confidential" or
an equivalent designation or that would otherwise be reasonably
considered confidential or proprietary under the circumstances.
It does not include information that has become publicly known
through no breach by You, or information that has been (a)
independently developed without access to Google Confidential
Information, as evidenced in writing; (b) rightfully received by
You from a third party without a breach of confidentiality by
such third party; or (c) required to be disclosed by law or by a
governmental authority.
8. Payment. You may designate a purchase and/or rental price
in the Metadata Form that end users must pay in order to
download Your Authorized Content. If you do not designate a
price for Your Authorized Content, the price will automatically
be set at zero. Except as otherwise set forth herein, In the
event of any download of Your Authorized Content, by end users,
We will pay to You seventy percent (70%) of the gross revenues,
if any, recognized by Google and attributable to such video
playback of Your Authorized Content based upon the price you
designate. If We incur extraordinary costs and expenses in
hosting, indexing and displaying Your Authorized Content
relative to its designated price, then We may retain a greater
percentage of the revenues in order to defray these costs. If
You have not designated a price for Your Authorized Content and
We incur extraordinary costs and expenses in hosting, indexing
and displaying Your Authorized
thread posted by aquafox tfproject.org
Content, we may charge a fee to
end users in order to defray these costs. Provided You have
registered for the Program and have provided all necessary
information to Google in order for Us to make payments to You,
Payments to You shall be sent by Google within approximately
thirty (30) days after the end of any calendar quarter, at a
minimum; provided that (i) Your earned balance is $100 or more
and (ii) this Agreement has been in effect for at least sixty
(60) days in that quarter. If Your earned balance is less than
$100 but greater than $1, Google will pay Your earned balance
within approximately thirty (30) days following the end of the
calendar year or the end of the calendar quarter in which You
earn a balance of over $100, whichever comes first. In the event
that this Agreement is terminated, Google shall pay Your earned
balance to You within approximately ninety (90) days after the
end of the calendar month in which Google recognizes that the
Agreement has been terminated, but in no event shall Google make
payments for any earned balance less than $10. All references
herein to dollars shall be to United States dollars. Google
reserves the right to retain all other revenues derived from
Google services. The number of purchases and/or rentals of Your
Authorized Content, as reported by Google, shall be the number
used in calculating payments hereunder, if any. The number of
purchases and/or recorded by Google shall be the conclusive and
definitive amount for the purpose of calculation of any payments
due and owing to You. You agree to pay all applicable taxes or
charges imposed by any government entity in connection with Your
rights and obligations under this Agreement. You further agree
to indemnify Google for any taxes, interest, penalties, etc.
imposed on it by any taxing authority in the event that You fail
to make any payment for which you are responsible, as provided
herein . Notwithstanding the foregoing, Google shall not be
liable for any payment (i) based on any purchase or rental of or
access to Your Authorized Content through any fraudulent or
invalid means, including but not limited to the fraudulent use
of credit cards of other means of payment, (ii) based on
purchases or rentals of Your Authorized Content that are
refunded or (iii) as a result of any claim that, if true, would
constitute a breach of Section 10 of this Agreement, or (iv) as
result of any other breach of this Agreement by You. Google
reserves the right to withhold payment or charge back Your
account due to any of the foregoing, or if necessary to enforce
its rights under Section 11. You agree to cooperate with Google
in its investigation of any of the foregoing. To ensure proper
payment, You are solely responsible for providing and
maintaining accurate contact and payment information associated
with Your account. For U.S. taxpayers, this information includes
without limitation a valid U.S. tax identification number and a
fully-completed Form W-9. All payments under this Agreement will
reflect the payment of any taxes imposed by governmental
entities of whatever kind and imposed with respect to
transactions in connection with this Agreement. Any bank fees
related to returned or cancelled checks due to a contact or
payment information error or omission may be deducted from the
newly issued payment. You shall not, and shall not authorize or
encourage any third party to directly or indirectly purchase,
rent or otherwise obtain access to Your Authorized Content
through any automated, deceptive, fraudulent or other invalid
means, including but not limited to through repeated manual
clicks, the use of robots or other automated query tools and/or
computer generated search requests, and/or the fraudulent use of
other search engine optimization services and/or software or
credit cards. Google reserves the right to investigate, at its
own discretion, any activity that may violate this Agreement.
9. Disclaimer and Limitation of Liability. THE PROGRAM,
GOOGLE PRODUCTS AND SERVICES, ANY COPY PROTECTION, SECURITY
FEATURES AND THE UPLOADER ARE PROVIDED "AS IS" WITH NO
WARRANTIES WHATSOEVER. GOOGLE AND ITS LICENSORS AND THIRD-PARTY
SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO
TELECOMMUNICATIONS, SERVER AND HOSTING SERVICES, POWER
SUPPLIERS, AND OTHER SERVICE PROVIDERS (COLLECTIVELY, "SERVICE
PROVIDERS") EXPRESSLY DISCLAIM ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, AND PERFORMANCE OF THE PROGRAM, ANY
TECHNOLOGY USED IN CONNECTION THEREWITH, THE AUTHORIZED CONTENT,
TERRITORY RESTRICTION FEATURES AND TECHNOLOGY, AND THE UPLOADER,
THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSE AND WARRANTIES AS TO THE
PERFORMANCE OF COMPUTERS OR NETWORKS. GOOGLE, ITS LICENSORS AND
SERVICE PROVIDERS MAKE NO WARRANTY THAT ANY GOOGLE PRODUCTS OR
SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE
RESULTS OR INFORMATION OBTAINED FROM USE OF GOOGLE PRODUCTS OR
SERVICES WILL BE ACCURATE OR RELIABLE. EXCEPT FOR ANY PAYMENT
OBLIGATIONS SET FORTH IN SECTION 8, IN NO EVENT SHALL GOOGLE,
ITS LICENSORS AND SERVICE PROVIDERS BE LIABLE UNDER THIS
AGREEMENT FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT,
EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY
OTHER LEGAL THEORY, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU UNDERSTAND AND AGREE THAT YOU USE THE PROGRAM AND THE
UPLOADER AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR YOUR AUTHORIZED CONTENT, AND FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OR USE OF THE UPLOADER.
10. You Must Have the Right to Use All of the Images, Music and
Data of Any Sort in Your Authorized Content, and You Must Have
the Right to Grant the Licenses in this Agreement. By entering
into this Agreement and uploading or otherwise providing Your
Authorized Content to Google, You represent and warrant to
Google the following: (a) You are at least 18 years of age if
You are a natural person; (b) all of the information provided by
You to Google to enroll and participate in the Program is
correct and current (including without limitation information
You provide in the Metadata Form); (c) the Authorized Content is
not, in whole or in part, pornographic or obscene; (d) You hold
and will continue to hold the necessary rights, including but
not limited to all copyrights, trademark rights and rights of
publicity in and to Your Authorized Content and Your Brand
Features to enter into this Agreement and to grant the rights
granted herein; (e) You have the legal right and authority to
enter into this Agreement, to perform the acts required of You
under the Agreement, and to grant the rights and licenses
described in this Agreement. You further represent and warrant
that (i) the Authorized Content and the rights and licenses
granted to Google under this Agreement and Google's authorized
use of Your Authorized Content (including the public display,
public performance, distribution and reproduction of Your
Authorized Content): (i) do not and will not violate any
applicable law, statute, ordinance or regulation and (ii) do not
breach and will not breach any duty toward or rights of any
person or entity including, without limitation, rights of
intellectual property, publicity or privacy, or rights or duties
under consumer protection, product liability, tort or contract
theories and (ii) that the web site (including products and
services therein) You designate in the Metadata Form to which
Google may display a link in connection with the display of the
Authorized Content does not and will not violate or encourage
violation of any applicable law, statute, ordinance or
regulation.
11. Your Obligation to Indemnify. You agree to indemnify,
defend and hold Google and its respective directors, officers,
employees, and applicable third parties (e.g. relevant
advertisers, syndication partners, licensors, licensees,
consultants and contractors) (collectively "Indemnified
Person(s)") harmless from and against any and all third party
claims, liability, loss and expense (including reasonable legal
fees, damage awards, and settlement amounts) brought against any
Indemnified Person(s) arising out of, or related to or which may
arise from Your Authorized Content, Your Brand Features,
Google's authorized use of any of the foregoing, Your use of the
Program and the Uploader, and/or Your breach of this Agreement.
The Indemnified Persons may in their sole discretion control the
defense, at Your expense, of any claim indemnified herein. In
the event that the Indemnified Parties determine not to control
the defense of any claim hereunder, any Indemnified Person may
join in defense with counsel of its choice at its own expense.
You will not settle or resolve any such claim in a manner that
imposes any liability or obligation on Google or affects
Google's rights in connection therewith without the advance
written approval of Google, which will not be unreasonably
withheld or delayed.
12. Termination; Withdrawal of Content. Either party may
terminate this Agreement immediately upon written notice to the
other party if the other party files a petition for bankruptcy,
becomes insolvent, or makes an assignment for the benefit of its
creditors, or a receiver is appointed for the other party or its
business. You may terminate this Agreement for convenience upon
thirty (30) days prior written notice. You may withdraw Your
Authorized Content from public display in the Program by
providing Google with a written request as set forth in the FAQ.
Google will use commercially reasonable efforts to remove Your
Authorized Content from public display within thirty (30) days
from receipt of notice of termination or withdrawal. Google
may at any time in its sole discretion and without liability to
Google terminate the Program or any product, service or feature
offered in the Program, terminate this Agreement, or withdraw
any Authorized Content in the Program.
13. Privacy and Information Rights. You agree that We may use
information that You provide to Us when You register for the
Program in accordance with the privacy policy located at
http://www.google.com/privacy.html. In addition, You agree that
Google may transfer and disclose this information, including
personally identifiable information, to third parties for the
purpose of approving and enabling your participation in the
Program, including to third parties that reside in jurisdictions
with less restrictive data laws than Your own. Google may
provide any of the above information in response to valid legal
processes, such as subpoenas, search warrants and court orders,
or to establish or exercise its legal rights or defend against
legal claims. Google disclaims all responsibility, and will not
be liable to You, however, for any disclosure of that
information by any such third party.
14. General.
a. Notices. Unless provided for to the contrary in this
Agreement, any and all notices or other communications or
deliveries required or permitted to be made under this Agreement
shall be sent (a) if to You at the electronic mail address You
provide in registering for the Program and (b) if to Google to
such address as provided at
www.google.com/corporate/address.html or as otherwise provided
in writing for such notice purposes. A second copy of every
notice to Google shall be sent to the same address, "Attn: Legal
Dept." Notice shall be deemed received (i) upon receipt when
delivered personally, (ii) upon written verification of receipt
from overnight courier, (iii) upon verification of receipt of
registered or certified mail (iv) upon verification of receipt
via facsimile, provided that such notice is also sent
simultaneously via first class mail, or (v) by electronic mail
when sent by Google only. Contact information shall be updated
as necessary to ensure that each party has current information
regarding all such contacts.
b. Miscellaneous. You may not resell, assign or transfer any
of Your rights hereunder. Any such attempt shall be null and
void. The relationship between Google and You is not one of a
legal partnership relationship, but is one of independent
contractors. The words "You" or "Your" shall also mean heirs,
executors, administrators, successors, legal representatives and
permitted assigns. This Agreement does not affect any right that
either party would have had, or shall have, independent of the
Agreement including rights relating to Authorized Content under
applicable law, including but not limited to copyright law.
Neither party shall be liable for failing or delaying
performance of its obligations resulting from any condition
beyond its reasonable control, including but not limited to,
governmental action, acts of terrorism, earthquake, fire, flood
or other acts of God, labor conditions, power failures, and
Internet or other network disturbances. If any provision of this
Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and
effect and remain enforceable between the parties. The failure
of either party to act in the event of a breach of this
Agreement by the other shall not be deemed a waiver of such
breach or a waiver of future breaches. The section titles used
in this Agreement are purely for convenience and carry with them
no legal or contractual effect. Except as to any prior version
of this Content Hosting Service Agreement between you and Google
that sets forth the license to and use by Google of your
Authorized Content, (i) nothing in this Agreement is intended to
be, or will be construed as, altering, revising, modifying or
otherwise amending any other content hosting services agreement;
and (ii) in the event of a conflict between this Agreement and
any other content hosting service agreement that You enter into
with Google with respect to Your Authorized Content, the terms
of that other content hosting services agreement shall govern.
Except as otherwise set forth herein, this Agreement sets forth
the entire understanding and agreement between the parties with
respect to the subject matter hereof. This Agreement shall be
construed as if jointly drafted by the parties. This Agreement
shall be governed by the laws of the State of California,
without regard to its principles of conflicts of law. Any
litigation hereunder shall be brought in any state or federal
court of competent jurisdiction in Santa Clara County,
California; the parties agree that venue shall be proper in, and
consent to the personal jurisdiction of, such courts. The
parties specifically exclude from application to the Agreement
the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transactions
Act. The provisions of Sections 4, 5, 6, 7, 8, 9, 11, 13, and
14 shall survive any expiration or termination of this
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now i'm downloaded a program called video uploader from google that lets you upload videos...
now i'm franticly searching for a video to upload, i knew i just transfered all my videos from my camera onto my hard drive for a movie i'm making, ooonhhh no where is it!!! wait, they are on my other laptop!!!
okay i found a tiny video i had from my still camera, i selected it and hit a checkbox that asked if it was porn and if i had the right to distrubute the video...
now it's checking to see if the video exists on the server allready.... this istaking forever and is going to be longer than the time it will take for me to upload the video, i think it broke...
okay, this point, no options, so i return to google's website and view my video list and hit edit/add video info button for my film
and i find:
anyone who uploads videos may select this for any video, it has nothing to do with where you live or whatever, anyone can deny any country they want without a problem.... after scrolling though that list i found that i can even block my own videos from being seen in the US, and yes i did tell google i am in the US. |
03-04-2006, 02:14 PM
