Google Play for Education Terms of Service

August 31, 2015

These Google Play Terms of Service are entered into by Google Inc. (“Google”) and the entity accepting these terms (“You”) and are effective as of the date of Google’s signature below.

1. Introduction

   Applicable Terms. By using digital content on Google Play, you agree to the following terms, in addition to the Google Terms of Service currently located at https://www.google.com/intl/en/policies/terms/ ("Google ToS") and the Google Play Business and Program Policies (found at http://play.google.com/about/developer-content-policy.html), all of which together are the “Terms”. If there is any conflict between the following terms and the Google ToS, the following terms shall prevail. Google's provision of Google Play and the services described in these Terms is a “Service” as defined in the Google ToS. These Terms apply to the provision of digital content from Google Play. Separate terms located at https://play.google.com/about/device-terms.html apply to sales of devices from the Google Play store.

   Access to Products. You may use Google Play to browse, locate, and/or download Products (defined as data files, applications, extensions, written text, mobile device software, music, audio files or other sounds, photographs, videos or other images) for your mobile, computer or other supported device (“Device”). Some of these Products may be offered by Google while others may be made available by third-parties not affiliated with Google. You agree that Google is not responsible for any Product on Google Play that originates from a source other than Google.

   Access Restrictions. You must not access Google Play or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use Google Play.

2. Google’s provision of Google Play

   Payment Processing. Google may make available to you various payment processing methods to facilitate the purchase of Products from Google Play. You must abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products that you order and that Google may charge your credit card or other form of payment that you indicate for any Products ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on Google Play.

   Google Payments. You will need a Google Payments account to purchase Products. If you do not have a Google Payments Account, you can set one up by going to payments.google.com, where you can also find more information about Google Payments. The Google Payment Terms of Service located here also apply whenever you want to purchase a Product using Google Payments. Please ensure that you read those terms carefully before making any purchase. Google may from time to time update the Google Payments Terms of Service, and you agree that in such instance any user you specify to have purchasing authority on your account for the Service, including an Additional Licensee as defined below (“Delegate”), is authorized to accept such updates on your behalf.

   Payment via Invoice. If you purchase Products under a Purchase Order, Google may invoice you for payments due in accordance with the relevant purchase. All undisputed fees shall be due thirty (30) calendar days from the invoice date and are considered delinquent thirty (30) calendar days after the invoice date. All payments due are in U.S. dollars. You must pay Google all amounts due, in full. Installment payments are prohibited.

   Until paid in full, delinquent payments may bear interest from the first date of delinquency at the lower of one-and-one-half percent per month or the highest rate permitted by law. You are responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting unpaid or delinquent amounts, except where these unpaid or delinquent amounts are due to billing inaccuracies attributable to Google.

   Any billing disputes must be submitted prior to the invoice due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and you are be responsible for paying the resulting net balance due on that invoice.

   Stored Value Amount Displayed. You agree that the stored value balance displayed on the Google Payments account maintained by your educational institution is the institution’s maximum outstanding purchase order capacity, used as an accounting method by Google to assist the institution with purchasing items of content in bulk. It is not a prepaid credit owed to you. Your institution must pay back to Google all outstanding purchase orders invoiced to you.

   Pricing. For sales as both principal or agent, Google displays the pricing for Products on Google Play. Pricing and availability of all Products are subject to change at any time.

   Taxes. You are responsible for any Taxes, and must pay Google for Products without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Google with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to Google, you must provide Google with an official tax receipt or other appropriate documentation to support such payments. "Taxes" means any duties, customs fees, or taxes (other than Google's income tax) associated with the sale of Products, including any related penalties or interest.

   Promotional Credits. If you receive a Promotional Credit from Google Play at any time, by using that Promotional Credit you agree to the Terms of Service found here. Unused Promotional Credit balances are subject to expiration.

3. Your Use of Google Play

   Basic Use Requirements. To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Product, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.

   Third-Party Fees. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of Products and Google Play. For instance, you may incur such fees if you use services provided through Google Play on or through third-party services or devices. You are responsible for all such fees.

   Updates. You may need to install updates to Google Play or related Google software that we introduce from time to time to use Google Play and to access or download Products. Products originating from Google may communicate with Google servers from time to time to check for available updates to the Products and to the functionality of Google Play, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By using the Google Play store and installing these Products, you agree to such automatically requested and received Updates.

   Chrome Product Updates. Your copy of Google Chrome may communicate with Google or third-party servers from time to time to check for available updates to the Products, including Products developed and made available by third party developers, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. If your browser has this functionality, then by installing these Products, you agree that such updates will be automatically requested and installed without further notice to you.

   Information about You. In order to access certain services in Google Play, you may be required to provide information about yourself such as your name, address, and billing details. Google’s privacy policies (located at https://www.google.com/intl/en/policies/ ) explain how we treat your personal data and protect your privacy when using Google Play. You agree that any such information you provide to Google will always be accurate, correct and up to date. If you are purchasing one or more Products on behalf of a school and/or a school district, then Google may disclose the name of the school and/or school district to the Product providers.

   Unauthorized Access to Accounts. You and your Delegates must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Google Play, including account names.

   Disabled Accounts. If Google disables access to your account, you may be prevented from accessing Google Play, your account details or any files or other Products that are stored with your account.

   Malware protection. To protect you against the effects of malicious third party software, if you download and attempt to install an Android app onto a Device, the Device may send information about the app and its source to Google. Google will use the information to compare against a database of known malware to determine if the app is harmful or likely to be unsafe. Google may warn you if it considers the app to be unsafe, or block its installation on your device if it is known to Google to be harmful to devices, data or users. As part of this service, and to make it more effective, Google may also receive information, such as your Device ID, IP address, URL visited and one or more cookies. You can always choose to disable this malware protection by going to Settings > Security on your device.

   Disabling Additional Services. You will disable or keep disabled signed-in usage of Additional Services for end users in your domain within the Google Apps control panel, unless you have an educational requirement to enable signed-in usage. This section overrides anything inconsistent with it in the Additional Terms for Use of Additional Services for Google Apps.

   Applicable Terms. Some Products (whether developed by Google or third parties) may contain features that are used in conjunction with Google’s search and other services. Accordingly, your use of such features in those Products is also governed by Google’s Terms of Service located at http://www.google.com/terms_of_service.html, Google’s Privacy Policy located at http://www.google.com/privacypolicy.html, as well as any applicable Google Service-specific Terms of Service and Privacy Policy.

   Open Source Components. Some components of Products (whether developed by Google or third parties) 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 Google for the use of any components of Products that are governed by open source software licenses.

4. Purchases and Payments

   Free Products. Google may allow you to download or use Products free of charge. Any terms and conditions that apply to purchased Products will apply to free Products, except with respect to payment-related matters (for example, the refund-related provisions of these Terms do not apply to such free Products). Google may impose limitations on your access and use of certain free Products.

   Purchase of Products. When you buy a Product, your contract for the purchase and use of that item is completed once you click the button indicating that your purchase is complete and you are not able to withdraw from the contract after that point.

   Product Purchases are Services. When you purchase a Product, you are buying a service. Performance of this service begins as soon as the purchase is complete, as the Product will then be available to you through your account.

   Direct, Agency and App Sales. When you buy Products from Google Play you will buy them either:

   (a) directly from Google (which is referred to as “Google”, “we”, “our”, or “us” in these Terms) (a “Direct Sale”);

   (b) from the provider of the Product (the “Provider”), where Google is acting as agent for the Provider (an “Agency Sale”); or

   (c) in the case of Android apps, Chrome Apps and Chrome Extensions, from the Provider of the app (an “App Sale”).

   Each time that you purchase a Product, you enter into a contract based on these Terms with: Google in relation to the use of Google Play and (in the case of a Direct Sale) the purchase of that Product; and also (in the case of Agency Sales and App Sales) with the Provider of the Product you have purchased.

   All Sales Final. Except as expressly set forth in these Terms or other Google Play policies, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Product that you acquired through that transaction. Your rights to cancel or return purchases and get a refund are set out in the additional terms for the relevant Product type below and related policies.

   Returns of Chrome Products: You have 30 minutes from the time of purchase (not download) to return any Chrome apps or Chrome extensions for a full refund of any applicable fees. You may only return a given Chrome app or extension one time; if you subsequently purchase the same app or extension again, you may not return it a second time.

5. Rights and Restrictions

   License to Use Products. Following payment of the applicable fees for a Product, you will have the non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and in other cases for as long as Google and the applicable copyright holder have rights to provide you that Product, to download or stream, in each case, solely as expressly permitted by Google via the Play user interface and subject to the restrictions set forth in these Terms and associated policies, copies of the applicable Product to your Devices, and to view, use, and display the Product on your Devices or as otherwise authorized by Google as part of the Service for your personal, non-commercial use only. All rights, title and interest in Google Play and Products not expressly granted to you in these Terms are reserved by Google and its licensors.

   Violation of License Terms. If you violate any of the terms and conditions of the Terms, your rights under this license will immediately terminate and Google may terminate your access to Google Play, the Products and/or your Google account without notice and without refund to you.

   No Public Performance. You agree not to display content contained in Products in whole or in part as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement). Use of a tool or feature provided as an authorized part of Google Play is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by Google.

   Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign your rights to Products to any third party without authorization, including with regard to any downloads of Products that you may obtain through Google Play. Use of any tool or feature provided as an authorized part of Google Play (for example, Google Play’s volume purchase function (“Volume Purchasing”)) shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by Google.

   Capturing of Streams. You may not use Google Play or any Product in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Product that is presented to you in streaming format.

   Volume Purchases. At your request, Google may grant third party individuals associated with your institution (“Additional Licensees”) access to Products that you select and purchase using Volume Purchasing on Google Play. You must pay all applicable charges for the access rights granted to each Additional Licensee for a Product. You may not use Products as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by Google. You must:

   (a) ensure that any Additional Licensee complies with all applicable requirements of the Terms in accessing Google Play and using Products; and

   (b) notify Google promptly of, and cooperate with Google in taking reasonable action at Google’s request to investigate, any apparent access or use of Products in breach of the Terms by a Additional Licensee.

   If an Additional Licensee violates any of the terms and conditions of the Terms, the Additional Licensee’s rights under this license will immediately terminate and Google may terminate the Additional Licensee’s access to Google Play, the Products and/or the Additional Licensee’s Google account without notice and without refund to you or the Additional Licensee. If an Additional Licensee ceases to be associated with your institution you must notify Google and Google may then terminate the Additional Licensee’s access to any Products licensed to the Additional Licensee using Volume Purchasing.

   Security Features. You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to any Product or Google Play. If you violate any security feature, you may incur civil or criminal liability.

   Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary notices included in any Product, and you may not attempt to modify any Products obtained through Google Play, including any modification for the purpose of disguising or changing any indications of the ownership or source of a Product.

   Defective Products. Once a Product is available to you through your account, you should check the Product as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. In the case of Android apps, Chrome Apps and Chrome Extensions, you should contact the developer concerning any defects or performance issues in the products, as described in the Google Play help center. In the case of Products other than apps or extensions, subject to any limitations in the additional terms for the specific Product below, You may return Products that you purchased from Google Play to Google if Google Play does not perform as stated with respect to that purchased Product, and Google will provide at its option either a replacement Product or a refund of the purchase price. If Google elects to issue you a refund, the refund of your purchase price shall be your sole remedy. Google reserves the right to issue refunds or credits at its sole discretion. If Google issues a refund or credit, it is under no obligation to issue the same or similar refund in the future.

   Removal or Unavailability of Products. Subject to these Terms, Products that you purchase will be available to you through Google Play for the period selected by you in the case of a purchase for a rental period, and in other cases as long as Google has the right to make such content available to you. In certain cases (for example, if Google loses the relevant rights, discontinues a service or a Product is discontinued, breaches applicable terms or the law), Google may remove from your Device or cease providing you with access to certain Products that you have purchased. If reasonably practicable, Google will provide you with reasonable prior notice of any such removal or cessation. If you are not able to download a copy of the Product before such removal or cessation, then Google will, at its option and solely as an accommodation to you, offer you either (a) a replacement of the Product if possible or (b) a refund of the price of the Product. If Google chooses to issue you a refund, the refund of your purchase price shall be your sole remedy.

   Effect of Refunds. If Google chooses to issue you a refund of the purchase price of a Product for any reason, you will no longer have the right to access the relevant Product.

   Select, Copy and Paste. Select, copy and paste functions may be available for some text-based Products, and you must use these features within the prescribed limits and only for personal non-commercial purposes.

   Multiple Accounts. If you have multiple Google accounts with different user names, in some cases you may transfer Products out of an account and into another account, provided you are the owner of each such account and provided Google has enabled a feature of the relevant service allowing such transfers.

   Limits on access on Devices. Google may at any time place limits on the number of Devices and/or software applications you may use to access Products, at Google’s discretion. Google may record and store the unique device identifier numbers of your Devices in order to enforce such limits.

   Compliance with Tax Laws. You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Google Play or the purchase of Products through Google Play. The reporting and payment of any such applicable taxes are your responsibility.

   Changes to these Terms.

   If these Terms change, you or your Delegates will be asked to accept new terms before you next purchase Products. Once you have accepted the new terms, they will apply to your use of all Products (including Products you have purchased in the past) and all subsequent purchases, until we notify you of further changes.

   If you refuse to accept the updated terms then you will not be able to buy any further Products through Google Play, and the latest version of these Terms that you accepted will continue to apply to your use of Products. In this case we will, if we are able to do so, give you a reasonable period of time in which to download a copy of any Product you have previously bought from Google Play to your Device, and you may continue to view that copy of the Product on your Devices in accordance with the last version of these Terms that you accepted.

   After that time has expired, you will not be given a further opportunity to download the Products you have previously bought and it is possible that you will no longer be able to use Google Play to access or use the Products you have already bought or related support services. To do so you may also need to create a new account.

6. Books on Google Play

   Privacy Policy for Books. The Google Play Privacy Policy for Books http://books.google.com/googlebooks/privacy.html describes how we treat personal and certain other information generated by your use of Products that are books (“Books Products”).

   Device Requirements. For information on the system requirements including what Devices are compatible with the Service and the purchase of and access to Books Products, please look at https://support.google.com/mobile/?p=books_devices.

   Updates to Books Content. Google or the copyright holders of Books Products may update such Books Products and change digital rights settings for such Books Products from time to time. For example Google or the copyright holders may correct errors in the Books Products or may add additional features, or may change the security features for the Books Products. Where these changes are made the Books Products that you see will automatically update, except where you have downloaded a copy of the Books Products to a Device.

   Pricing. Prices and availability of any Books Products are subject to change at any time. We try very hard to make sure there are no pricing mistakes. However, we (and, in the case of Agency and App Sales, the Provider) will not be bound by mistakes in the price of the Books Products (unless you have already purchased Books Products at the incorrect price).