Terms of Service: StarBucks WiFi (Google)

Welcome to Starbucks WiFi, provided by Google

Last Updated: August 1, 2013

This free WiFi service provided by Google is a free public non-commercial WiFi service offered in certain Starbucks locations throughout the United States (“This WiFi”). The WiFi equipment and services are provided by Google Fiber Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States and its partners (Google Fiber is referred to below as “Google Fiber” or “we”).

By using This WiFi, you agree to be bound by the terms and conditions below (the “WiFi Terms of Service”). In addition to the language below, the WiFi Terms of Service include Google Inc.’s Terms of Service. The Google Inc. Terms of Service apply to your use of This WiFi as if the word “Google” in the Google Inc. Terms of Service meant Google Fiber and the word “Service” meant This WiFi. In the event anything in the Google Inc. Terms of Service conflicts with any of the WiFi Terms of Service below, the WiFi Terms of Service take priority. Together, the WiFi Terms of Service and Google Inc. Terms of Service are referred to herein as the “Terms.”

Except as provided in “Disclaimer of Warranties” below, nothing in these Terms will be deemed to confer any third-party rights or benefits.

If you choose to use other services (such as an application or website) while using This WiFi, your use of those services will be governed by the terms and conditions provided to you in association with those services.

Privacy and Security

We may collect information about your usage of This WiFi, such as when and for how long you use the network and the frequency and size of data transfers. We may also collect information about the geographic locations of This WiFi nodes through which you connect to the network. For more information about how we collect, use and share information, please see the Google Privacy Policy.

You understand that This WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications may not remain private or free of interception or access by others. We will not be liable to you or any other party for any lack of security that may result from your use of This WiFi, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device.

Google Fiber does not exercise control over other services you may use while using This WiFi. These third-party services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those services.

Your Responsibilities; Proper Use

You must have a wireless-enabled device to connect to This WiFi.

We will assign you a temporary IP address each time you access This WiFi. You may not program any other IP or MAC address into your device that accesses This WiFi.

You may not use This WiFi for improper activities. Examples of improper activities include, without limitation:

modifying, adapting, translating, or reverse engineering any portion of This WiFi;
reselling, renting, sharing or distributing any aspect of This WiFi;
attempting to break security, access, tamper with or use any unauthorized parts of This WiFi or any third party devices, accounts, equipment or networks;
removing any copyright, trademark or other proprietary rights notices contained in or on This WiFi;
attempting to collect or maintain any information about other users of This WiFi (including usernames and/or email addresses) or other third parties for unauthorized purposes;
logging onto This WiFi under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other users or otherwise interfering with other users’ enjoyment of This WiFi;
using This WiFi to transfer technology, software or other materials in violation of applicable export laws and regulations;
transmitting content that falsely expresses or implies that it is sponsored or endorsed by Google Fiber, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, unlawful or promotes or encourages illegal activity;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
using This WiFi to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials; or
using This WiFi for any unlawful, harassing, abusive, criminal or fraudulent purpose.

You are responsible for your conduct and the conduct of anyone who uses This WiFi via your device. We reserve the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Google or any other person from harm). For more information, see the Google Privacy Policy.

Termination

We reserve the right to terminate your use of This WiFi, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by Google Fiber to you will terminate.

Content Disclaimer

Google Fiber does not control and is not responsible for third-party data, content, services, or products that you access or download through This WiFi. Google Fiber may, but is not obliged to, block data transmissions to protect Google Fiber, This WiFi network, or the public.

Disclaimer of Warranties

Google Fiber, Starbucks, Level3 (the provider of backend services for This WiFi), their employees, affiliates, suppliers or licensors (the “Google Fiber Parties”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through This WiFi. Google Fiber, Starbucks, and Level3 disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Google Fiber, Starbucks, and Level3 disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through This WiFi.

YOU UNDERSTAND AND AGREE THAT (A) THIS WiFi WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF THIS WiFi, (C) GOOGLE FIBER HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THIS WiFi, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS WiFi AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Without limiting the foregoing, under no circumstances will the Google Fiber Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnity

You agree to hold harmless and indemnify the Google Fiber Parties from and against any third party claim arising from or in any way related to any breach of these Terms and/or your use of This WiFi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Google Fiber will provide you with written notice of such claim, suit or action.

We respond to notices of alleged copyright infringement and otherwise comply with the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about how to do so here.

Miscellaneous Provisions

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from these Terms or This WiFi. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms (including Google, Inc’s Terms of Service) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Google Fiber.