GOOGLE ANALYTICS TERMS OF SERVICE
Google Analytics Terms of Service
These Google Analytics Terms of Service
(this "Agreement") are entered into by Google Inc.
("Google") and the entity executing this Agreement ("You").
This Agreement governs Your use of the standard Google Analytics (the "Service").
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION
PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND
ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS
AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the
parties agree as follows:
1. Definitions.
"Account" refers to the
billing account for the Service. All Profiles linked to a single Property will
have their Hits aggregated before determining the charge for the Service for
that Property.
"Confidential Information" includes any
proprietary data and any other information disclosed by one party to the other
in writing and marked "confidential" or disclosed orally and, within
five business days, reduced to writing and marked "confidential".
However, Confidential Information will not include any information that is or
becomes known to the general public, which is already in the receiving party's
possession prior to disclosure by a party or which is independently developed
by the receiving party without the use of Confidential Information.
"Customer Data" or “Google
Analytics Data"
means the data you collect, process or store using the Service concerning the
characteristics and activities of Visitors.
"Documentation" means any
accompanying documentation made available to You by Google for use with the
Processing Software, including any documentation available online.
"GATC" means the Google
Analytics Tracking Code, which is installed on a Property for the purpose of
collecting Customer Data, together with any fixes, updates and upgrades
provided to You.
"Hit" means the base unit
that the Google Analytics system processes. A Hit may be a call to the Google
Analytics system by various libraries, including, Javascript (e.g.,
analytics.js), Silverlight, Flash, and Mobile. A Hit may currently be a page
view, a transaction, item, or event, social interaction, or user timing. Hits
may also be delivered to the Google Analytics system without using one of the
various libraries by other Google Analytics-supported protocols and mechanisms
the Service makes available to You.
"Processing Software" means the Google
Analytics server-side software and any upgrades, which analyzes the Customer
Data and generates the Reports.
"Profile" means the collection
of settings that together determine the information to be included in, or
excluded from, a particular Report. For example, a Profile could be established
to view a small portion of a web site as a unique Report. There can be multiple
Profiles established under a single Property.
"Property" means any web page,
app, or other property under Your control that sends data to Google Analytics.
Each Property includes a default Profile that measures all pages within the
Property.
"Privacy Policy" means the privacy
policy on a Property.
"Servers" means the servers
controlled by Google (or its wholly owned subsidiaries) on which the Processing
Software and Customer Data are stored.
"Software" means the GATC and
the Processing Software.
"Third Party" means any third
party (i) to which You provide access to Your Account or (ii) for which You use
the Service to collect information on the third party's behalf.
"Visitors" means visitors to
Your Properties.
The words "include"
and "including" mean "including but not limited to."
2. Fees and Service.
Subject to Section 15, the Service is
provided without charge to You for up to 10 million Hits per month per account.
Google may change its fees and payment policies for the Service from time to
time including the addition of costs for geographic data, the importing of cost
data from search engines, or other fees charged to Google or its wholly-owned
subsidiaries by third party vendors for the inclusion of data in the Service
reports. The changes to the fees or payment policies are effective upon Your acceptance
of those changes which will be posted at www.google.com/analytics/. Unless otherwise
stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes
immediately due and payable upon termination of this Agreement and any
collection expenses (including attorneys' fees) incurred by Google will be
included in the amount owed, and may be charged to the credit card or other
billing mechanism associated with Your AdWords account.
3. Member Account,
Password, and Security.
To register for the Service, You must
complete the registration process by providing Google with current, complete
and accurate information as prompted by the registration form, including Your
e-mail address (username) and password. You will protect Your passwords and
take full responsibility for Your own, and third party, use of Your accounts.
You are solely responsible for any and all activities that occur under Your
Account. You will notify Google immediately upon learning of any unauthorized
use of Your Account or any other breach of security. Google's (or its
wholly-owned subsidiaries') support staff may, from time to time, log in to the
Service under Your customer password in order to maintain or improve service,
including to provide You assistance with technical or billing issues.
4. Nonexclusive
License.
Subject to the terms and conditions of
this Agreement, (a) Google grants You a limited, revocable, non-exclusive,
non-sublicensable license to install, copy and use the GATC solely as necessary
for You to use the Service on Your Properties or Third Party's Properties; and
(b) You may remotely access, view and download Your Reports stored at www.google.com/analytics/. You will not (and
You will not allow any third party to) (i) copy, modify, adapt, translate or
otherwise create derivative works of the Software or the Documentation; (ii)
reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software, except as expressly permitted by the law in effect
in the jurisdiction in which You are located; (iii) rent, lease, sell, assign
or otherwise transfer rights in or to the Software, the Documentation or the
Service; (iv) remove any proprietary notices or labels on the Software or
placed by the Service; (v) use, post, transmit or introduce any device,
software or routine which interferes or attempts to interfere with the
operation of the Service or the Software; or (vi) use data labeled as belonging
to a third party in the Service for purposes other than generating, viewing,
and downloading Reports. You will comply with all applicable laws and
regulations in Your use of and access to the Documentation, Software, Service
and Reports.
5. Confidentiality.
Neither party will use or disclose the
other party's Confidential Information without the other's prior written
consent except for the purpose of performing its obligations under this
Agreement or if required by law, regulation or court order; in which case, the
party being compelled to disclose Confidential Information will give the other
party as much notice as is reasonably practicable prior to disclosing the
Confidential Information.
6. Information Rights
and Publicity.
Google and its wholly owned
subsidiaries may retain and use, subject to the terms of its privacy policy
(located at https://www.google.com/policies/privacy/), information
collected in Your use of the Service. Google will not share Your Customer Data
or any Third Party's Customer Data with any third parties unless Google (i) has
Your consent for any Customer Data or any Third Party's consent for the Third
Party's Customer Data; (ii) concludes that it is required by law or has a good
faith belief that access, preservation or disclosure of Customer Data is
reasonably necessary to protect the rights, property or safety of Google, its
users or the public; or (iii) provides Customer Data in certain limited
circumstances to third parties to carry out tasks on Google's behalf (e.g.,
billing or data storage) with strict restrictions that prevent the data from
being used or shared except as directed by Google. When this is done, it is
subject to agreements that oblige those parties to process Customer Data only
on Google's instructions and in compliance with this Agreement and appropriate
confidentiality and security measures.
7. Privacy.
You will not and will not assist or
permit any third party to, pass information to Google that Google could use or
recognize as personally identifiable information. You will have and abide by an
appropriate Privacy Policy and will comply with all applicable laws, policies,
and regulations relating to the collection of information from Visitors. You
must post a Privacy Policy and that Privacy Policy must provide notice of Your
use of cookies that are used to collect data. You must disclose the use of
Google Analytics, and how it collects and processes data. This can be done by
displaying a prominent link to the site “How Google uses data when you use our
partners' sites or apps”, (located at www.google.com/policies/privacy/partners/, or any other URL
Google may provide from time to time). You will use commercially reasonable
efforts to ensure that a Visitor is provided with clear and comprehensive
information about, and consents to, the storing and accessing of cookies or
other information on the Visitor’s device where such activity occurs in
connection with the Service and where providing such information and obtaining
such consent is required by law.
You must not circumvent any privacy
features (e.g., an opt-out) that are part of the Service.
You may participate in an integrated
version of Google Analytics and certain DoubleClick and Google advertising
services ("Google Analytics Advertising Features"). If You use
Google Analytics Advertising Features, You will adhere to the Google Analytics
Advertising Features policy (available at support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409) Your access to and
use of any DoubleClick or Google advertising service is subject to the
applicable terms between You and Google regarding that service.
If You use the GA 360 Suite Home, Your
use of the GA 360 Suite Home is governed by the Google Analytics 360 Suite Home
Terms of Services (or as subsequently re-named) available at https://360suite.google.com/terms (or such other URL
as Google may provide) as modified from time to time (the “Suite Home Terms”),
but subject to Section 2 of the Suite Home Terms, use of the Service will
continue to be governed by this Agreement.
8. Indemnification.
To the extent permitted by applicable
law, You will indemnify, hold harmless and defend Google and its wholly owned
subsidiaries, at Your expense, from any and all third-party claims, actions,
proceedings, and suits brought against Google or any of its officers,
directors, employees, agents or affiliates, and all related liabilities,
damages, settlements, penalties, fines, costs or expenses (including,
reasonable attorneys' fees and other litigation expenses) incurred by Google or
any of its officers, directors, employees, agents or affiliates, arising out of
or relating to (i) Your breach of any term or condition of this Agreement, (ii)
Your use of the Service, (iii) Your violations of applicable laws, rules or
regulations in connection with the Service, (iv) any representations and
warranties made by You concerning any aspect of the Service, the Software or
Reports to any Third Party; (v) any claims made by or on behalf of any Third
Party pertaining directly or indirectly to Your use of the Service, the
Software or Reports; (vi) violations of Your obligations of privacy to any
Third Party; and (vii) any claims with respect to acts or omissions of any
Third Party in connection with the Service, the Software or Reports. Google
will provide You with written notice of any claim, suit or action from which
You must indemnify Google. You will cooperate as fully as reasonably required
in the defense of any claim. Google reserves the right, at its own expense, to
assume the exclusive defense and control of any matter subject to
indemnification by You.
9. Third Parties.
If You use the Service on behalf of the
Third Party or a Third Party otherwise uses the Service through Your Account,
whether or not You are authorized by Google to do so, then You represent and
warrant that (a) You are authorized to act on behalf of, and bind to this
Agreement, the Third Party to all obligations that You have under this
Agreement, (b) Google may share with the Third Party any Customer Data that is
specific to the Third Party's Properties, and (c) You will not disclose Third Party's
Customer Data to any other party without the Third Party's consent.
10. DISCLAIMER OF
WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GOOGLE
MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE AND NONINFRINGEMENT.
11. LIMITATION OF
LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE
LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GOOGLE OR
ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN
THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A
REMEDY. GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY
TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS,
DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED
$500 (USD).
12. Proprietary
Rights Notice.
The Service, which includes the
Software and all Intellectual Property Rights therein are, and will remain, the
property of Google (and its wholly owned subsidiaries). All rights in and to
the Software not expressly granted to You in this Agreement are reserved and
retained by Google and its licensors without restriction, including, Google's
(and its wholly owned subsidiaries') right to sole ownership of the Software
and Documentation. Without limiting the generality of the foregoing, You agree
not to (and not to allow any third party to): (a) sublicense, distribute, or
use the Service or Software outside of the scope of the license granted in this
Agreement; (b) copy, modify, adapt, translate, prepare derivative works from,
reverse engineer, disassemble, or decompile the Software or otherwise attempt
to discover any source code or trade secrets related to the Service; (c) rent,
lease, sell, assign or otherwise transfer rights in or to the Software or the
Service; (d) use, post, transmit or introduce any device, software or routine
which interferes or attempts to interfere with the operation of the Service or
the Software; (e) use the trademarks, trade names, service marks, logos, domain
names and other distinctive brand features or any copyright or other
proprietary rights associated with the Service for any purpose without the
express written consent of Google; (f) register, attempt to register, or assist
anyone else to register any trademark, trade name, serve marks, logos, domain
names and other distinctive brand features, copyright or other proprietary
rights associated with Google (or its wholly owned subsidiaries) other than in
the name of Google (or its wholly owned subsidiaries, as the case may be); (g)
remove, obscure, or alter any notice of copyright, trademark, or other
proprietary right appearing in or on any item included with the Service; or (h)
seek, in a proceeding filed during the term of this Agreement or for one year
after such term, an injunction of any portion of the Service based on patent
infringement.
13. U.S. Government
Rights.
If the use of the Service is being
acquired by or on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), in accordance with 48 C.F.R.
227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101
and 12.212 (for non-DOD acquisitions), the Government's rights in the Software,
including its rights to use, modify, reproduce, release, perform, display or disclose
the Software or Documentation, will be subject in all respects to the
commercial license rights and restrictions provided in this Agreement.
14. Term and
Termination.
Either party may terminate this
Agreement at any time with notice. Upon any termination of this Agreement,
Google will stop providing, and You will stop accessing the Service; and You
will delete all copies of the GATC from all Properties and certify thereto in
writing to Google within 3 business days of such termination. In the event of
any termination (a) You will not be entitled to any refunds of any usage fees
or any other fees, and (b) any outstanding balance for Service rendered through
the date of termination will be immediately due and payable in full and (c) all
of Your historical Report data will no longer be available to You.
15. Modifications to
Terms of Service and Other Policies.
Google may modify these terms or any
additional terms that apply to the Service to, for example, reflect changes to
the law or changes to the Service. You should look at the terms regularly.
Google will post notice of modifications to these terms at www.google.com/analytics/, the Google
Analytics Policies at www.google.com/analytics/policies/, or other policies
referenced in these terms at the applicable URL for such policies. Changes will
not apply retroactively and will become effective no sooner than 14 days after
they are posted. If You do not agree to the modified terms for the Service, You
should discontinue Your use Google Analytics. No amendment to or modification
of this Agreement will be binding unless (i) in writing and signed by a duly
authorized representative of Google, (ii) You accept updated terms online, or
(iii) You continue to use the Service after Google has posted updates to the
Agreement or to any policy governing the Service.
16. Miscellaneous,
Applicable Law and Venue.
Google will be excused from performance
in this Agreement to the extent that performance is prevented, delayed or
obstructed by causes beyond its reasonable control. This Agreement (including
any amendment agreed upon by the parties in writing) represents the complete
agreement between You and Google concerning its subject matter, and supersedes
all prior agreements and representations between the parties. If any provision
of this Agreement is held to be unenforceable for any reason, such provision
will be reformed to the extent necessary to make it enforceable to the maximum
extent permissible so as to effect the intent of the parties, and the remainder
of this Agreement will continue in full force and effect. This Agreement will
be governed by and construed under the laws of the state of California without
reference to its conflict of law principles. In the event of any conflicts
between foreign law, rules, and regulations, and California law, rules, and
regulations, California law, rules and regulations will prevail and govern.
Each party agrees to submit to the exclusive and personal jurisdiction of the courts
located in Santa Clara County, California. The United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer
Information Transactions Act do not apply to this Agreement. The Software is
controlled by U.S. Export Regulations, and it may be not be exported to or used
by embargoed countries or individuals. Any notices to Google must be sent to:
Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a
copy to Legal Department, via first class or air mail or overnight courier, and
are deemed given upon receipt. A waiver of any default is not a waiver of any
subsequent default. You may not assign or otherwise transfer any of Your rights
in this Agreement without Google's prior written consent, and any such attempt
is void. The relationship between Google and You is not one of a legal
partnership relationship, but is one of independent contractors. This Agreement
will be binding upon and inure to the benefit of the respective successors and
assigns of the parties hereto. The following sections of this Agreement will
survive any termination thereof: 1, 4, 5, 6 (except the last two sentences), 7,
8, 9, 10, 11, 12, 14, and 16.PENDEKATAN TEORI KEPEMIMPINAN
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