SOFTWARE LICENSE AGREEMENT
AND
YAHOO TERMS OF SERVICE
THE FOLLOWING AGREEMENTS EXPLAIN
HOW YOU MAY USE THE YAHOO WEB PROPERTIES AND THE YAHOO SOFTWARE
INSTALLED BY THIS INSTALLER PROGRAM. BY CLICKING ON THE "I
ACCEPT" CHECK BOX IN THIS INSTALLER PROGRAM, YOU CONSENT
AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW
AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, INSTALL AND
USE YAHOO SOFTWARE AND USE THE YAHOO WEB SITE AND SERVICES. IF
YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS BELOW, YAHOO
DOES NOT GRANT YOU A LICENSE TO USE THE YAHOO SOFTWARE OR TO
USE THE YAHOO WEB SITE; CLICK ON THE CANCEL BUTTON TO EXIT THE
INSTALLER PROGRAM.
PART I: SOFTWARE LICENSE AGREEMENT
The terms and conditions in Part
I govern the use of any software installed by this installer
application on your computing device:
1. Licensed Uses and Restrictions.
By accepting the terms of this
Agreement, you represent to Yahoo! Inc. and its affiliates (collectively,
"Licensor") that you are at least eighteen (18) years
old. The Yahoo Software applications, documentation, and local
computer files installed or utilized by the installer application
(collectively, the "Yahoo Software") are owned by Licensor
(or Licensor's own licensors) and are licensed to you on a worldwide
(except as limited below), non-exclusive, non-sublicenseable
basis on the terms and conditions set forth herein. This Software
License Agreement defines legal use of the Yahoo Software, all
updates or revisions thereto or Licensor substitutions therefor,
and any copies of the foregoing made by or for you. All rights
not expressly granted to you are reserved by Licensor.
a. YOU MAY install and personally
use the Yahoo Software and any updates thereto furnished by Licensor
(in its sole discretion) in object code form on a single personal
computer owned or controlled by you and may use the Yahoo Software
for your own noncommercial use or benefit. You may make a single
archival copy thereof, which must contain all copyright and other
proprietary notices present in the original Yahoo Software. Your
license to the Yahoo Software under this Software License Agreement
continues until it is terminated by either party. You may terminate
the Software License Agreement by discontinuing use of all or
any of the Yahoo Software and by destroying all your copies of
the applicable Yahoo Software. This Software License Agreement
terminates automatically if (a) you violate any of the terms
or conditions of this Agreement, (b) Licensor publicly posts
a written notice of termination on Licensor's Web site or sends
a written notice of termination to you directly; (c) you attempt
to transfer a copy of the Yahoo Software or assign or delegate
your rights under this Software License Agreement to any third
party, which transfer, assignment, or delegation will be null
and void, or; (d) Licensor revokes this Software License Agreement
or issues a new software license agreement in writing and conditions
your continued use of the Yahoo Software upon acceptance of the
new agreement. All changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may
be given by means including, but not limited to, posting on Licensor's
Web site(s), or by electronic or conventional mail, or by any
other means by which you may obtain notice thereof. Use of the
Yahoo Software after such notice constitutes acceptance of such
changes, modifications or additions.
b. YOU MAY NOT decompile, reverse
engineer, disassemble, modify, rent, lease, loan, distribute,
or create derivative works (as defined by the U.S. Copyright
Act) or improvements (as defined by U.S. patent law) from the
Yahoo Software or any portion thereof, or seek to obtain intellectual
property protection on the Yahoo Software or any portion thereof.
Neither may you incorporate the Yahoo Software into any computer
chip or the firmware of a computing device manufactured by or
for you. You also may not, under any circumstances:
(i) use the Yahoo Software
in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with the Yahoo Terms of Service or this Software
License Agreement, nor interfere with or disrupt the Yahoo computer
networks, Web sites, or services connection with or accessed
by the Yahoo Software.
(ii) USE THE YAHOO SOFTWARE
TO OPERATE A BUSINESS OR COMMERCIAL ENTITY OF ANY KIND OR FOR
USE BY OR FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY. YOU
MAY NOT USE THE YAHOO SOFTWARE TO OPERATE NUCLEAR FACILITIES,
LIFE SUPPORT OR OTHER MEDICAL EQUIPMENT, MANUFACTURING OR CONSTRUCTION
EQUIPMENT, WEAPONS SYSTEMS, AIRCRAFT OR NAUTICAL NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR FOR ANY
OTHER MISSION CRITICAL APPLICATION WHERE HUMAN LIFE OR PROPERTY
MAY BE AT STAKE. YOU UNDERSTAND THAT THE YAHOO SOFTWARE IS
NOT DESIGNED FOR SUCH PURPOSES AND THAT ITS FAILURE IN SUCH CASES
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR ENVIRONMENTAL
DAMAGE FOR WHICH YAHOO IS NOT RESPONSIBLE;
(iii) USE THE YAHOO SOFTWARE
WHILE DRIVING, BIKING, BOATING, OPERATING HEAVY MACHINERY OR
ENGAGING IN ANY OTHER POTENTIALLY HAZARDOUS ACTIVITY. YOU UNDERSTAND
THAT DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE MAY RESULT FROM
USE OF THE YAHOO SOFTWARE WHILE ENGAGED IN THESE ACTIVITIES;
(iv) use, acquire, ship, transport,
export, or re-export the Yahoo Software, except as authorized
by Licensor and as permitted by applicable law. In particular,
but without limitation, the Yahoo Software may not be acquired,
shipped, transported, exported, or re-exported (1) into (or to
a national or resident of) any U.S. embargoed country or (2)
to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce's Table
of Denial Orders. You represent and warrant that you are not
located in, under control of, or a national or resident of any
such country or on any such list;
(v) sell, lease, loan, distribute,
transfer or sublicense the Yahoo Software or access thereto or
derive income from the use or provision of the Yahoo Software,
whether for direct commercial or monetary gain or otherwise,
without Licensor's prior, express, written permission;
(vi) transfer your rights under
this Software License Agreement to another person or entity,
or;
(vi) misrepresent your identity
or harass, slander, defame, misrepresent, or otherwise violate
the rights of any third party through use of the Yahoo Software,
or make available through the Yahoo Software any material protected
by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or
other proprietary right. The burden of determining that any
material is not protected by copyright rests with you.
2. Ownership and Relationship
of Parties.
The Yahoo Software is protected
by copyrights, trademarks, service marks, international treaties
and/or other proprietary rights and laws of the U.S. and other
countries. You agree to abide by all applicable proprietary
rights laws and other laws, as well as any additional copyright
notices or restrictions contained in this Software License Agreement
and in the Yahoo Terms of Service. Licensor and Licensor's own
technology licensors own all rights, title, and interest in and
to their applicable contributions to the Yahoo Software. This
Software License Agreement grants you no right, title, or interest
in any intellectual property owned or licensed by Licensor, including
(but not limited to) the Yahoo Software and Licensor trademarks,
and creates no relationship between yourself and Licensor's technology
licensors, or between you and Licensor other than that of Licensor
to licensee. All rights not granted to you are reserved by their
owners. Except as specifically permitted by the Yahoo Terms
of Service and this Software License Agreement, you may not copy
or make any use of the Yahoo Software or any portion thereof.
You not use the Yahoo Software or any variations or derivatives
thereof, other than as specified in this Agreement or as permitted
by applicable law, without Licensor's prior written approval.
The Yahoo Software, and its components
contain software licensed from third parties ("Third Party
Software"). The Third Party Software enables this application
to perform certain functions, including without limitation, access
proprietary data on third party data servers. You agree that
you will use the Yahoo Software, and any data accessed through
the Yahoo Software for your own personal non-commercial use only.
You agree not to assign, copy, transfer or transmit the Yahoo
Software, or any portion thereof, or any data obtained therefrom
to any third party. YOU AGREE NOT TO USE OR EXPLOIT ANY DATA,
THE YAHOO SOFTWARE, OR ANY COMPONENTS OF THE YAHOO SOFTWARE,
OR TO REMOVE, REVERSE ENGINEER, DECOMPILE, OR DISASSEMBLE SAID
YAHOO SOFTWARE OR ITS COMPONENTS. Your license to use the Yahoo
Software, its components, and any third party data will terminate
if you violate these restrictions. If your license terminates,
you agree to cease any and all use of the Yahoo Software, its
components, and any third party data. All rights in any third
party data, any third party software, and any third party data
servers, including all ownership rights are reserved and remain
with the respective third parties. You agree that said third
parties may enforce their rights under this Agreement against
you directly in their own name.
3. Support and Software Updates.
Licensor may elect to provide
you with customer support and/or software upgrades, enhancements,
or modifications for the Yahoo Software (collectively, "Support"),
in its sole discretion, and may terminate such Support at any
time without notice to you. Licensor reserves the right to charge
you for any Support it provides but will make a schedule of those
charges available to you prior to your incurring any costs. You
agree to pay all fees and charges incurred through your use of
Support at the rates in effect for the billing period in which
such fees and charges are incurred. All fees and charges shall
be billed to and paid for by you. You will pay all applicable
taxes relating to use Support through your account.
Yahoo may change, suspend or
discontinue any aspect of the Yahoo Software or Yahoo Web services
at any time, including the availability of any Yahoo Software
feature, database, or content. Yahoo may also impose limits on
certain features and services or restrict your access to parts
or all of the Yahoo Software or Web site without notice or liability.
4. Fees and Payments.
Licensor reserves the right to
charge fees for future use of or access to the Yahoo Software
or the Yahoo services and Web sites (collectively, "Yahoo
Software Services") in Licensor's sole discretion. However,
in no event will you be charged for access to portions of the
Yahoo Software Services unless Licensor makes available a schedule
of such charges. You are solely responsible for obtaining and
maintaining all telephone, computer hardware, software, and other
equipment needed for access to and use of the Yahoo Software
Services and all for charges you incur related thereto. You agree
to pay all fees and charges incurred through your use of the
Yahoo Software Services at the rates in effect for the billing
period in which such fees and charges are incurred, including,
but not limited to charges for any products or services offered
for sale through the Yahoo Software Services by Yahoo or by any
other vendor or service provider. All fees and charges shall
be billed to and paid for by you. You shall pay all applicable
taxes relating to use of the Yahoo Software Services through
your account.
5. Disclaimer of Warranties
by Licensor.
USE OF THE YAHOO SOFTWARE AND
ANY DATA ACCESSED THEREFROM IS ENTIRELY AT YOUR SOLE RISK. THEY
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND. LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS,
AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "LICENSOR
ENTITIES") AND THEIR OWN LICENSORS DO NOT REPRESENT THAT
THE YAHOO SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE
OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. THE LICENSOR
ENTITIES AND THEIR LICENSORS EXPRESSLY DISCLAIM ANY WRITTEN OR
ORAL REPRESENTATIONS WHICH CONTRADICT THIS SOFTWARE LICENSE AGREEMENT
AND ANY AND ALL IMPLIED WARRANTIES PERTAINING TO THE YAHOO SOFTWARE
AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS,
COMPLETENESS, OR ADEQUACY OF THE YAHOO SOFTWARE AND ANY DATA
ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND
FITNESS FOR A PARTICULAR PURPOSE. IF THE YAHOO SOFTWARE OR ANY
DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE YAHOO
ENTITIES OR THEIR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY
REPAIR TO THE YAHOO SOFTWARE OR TO YOUR COMPUTER SYSTEMS, CORRECTION
OF INACCURATE DATA, OR INJURY OF ANY KIND, EVEN IF THE LICENSOR
ENTITIES OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS
MAY NOT APPLY TO YOU.
Yahoo and its third party suppliers
and licensors reserve the right to delete data from their servers,
or prevent access to their servers or to change data categories
for any reason that Yahoo or said third parties deem sufficient
in their sole discretion at any time, without notice. Yahoo reserves
the right to discontinue use of any component of the Yahoo Software
at any time without notice. Neither Yahoo or Yahoo's suppliers
are obligated to provide you with any new enhanced or additional
data types or categories in the future. Neither Yahoo nor its
third party suppliers and licensors warrant the results that
will be obtained by your use of the Yahoo Software or any data
Server.
6. Limitation of Liability.
THE LICENSOR ENTITIES AND THEIR
OWN LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES
OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF
THE YAHOO SOFTWARE BY YOURSELF OR BY THIRD PARTIES, TO THE USE
OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR
PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES
ARE BASED ON ANY LEGAL OR EQUITABLE THEORY. THE LICENSOR ENTITIES
AND THEIR LICENSORS WILL NEVER BE LIABLE TO YOU FOR ANY AND ALL
DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
YAHOO SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER
ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE
INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS,
INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF
BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT
ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS
RESTRICTION MAY NOT APPLY TO YOU. YAHOO IS NOT LIABLE TO YOU
FOR DIRECT DAMAGES OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY
SOFTWARE, ANY DATA ACCESSED THROUGH THE YAHOO SOFTWARE, OR ACCESS
TO OR INABILITY TO ACCESS ANY DATA SERVERS.
INFORMATION PROVIDED THROUGH
THE YAHOO SOFTWARE, INCLUDING ANALYSIS, QUOTES, AND FINANCIAL
DATA, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS,
AND THE LICENSOR ENTITIES AND THEIR LICENSORS WILL HAVE NO LIABILITY
WITH RESPECT THERETO.
LICENSOR DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED,
UPLOADED, OR DISTRIBUTED THROUGH THE YAHOO SOFTWARE. YOU ACKNOWLEDGE
THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM,
OR INFORMATION SHALL BE AT YOUR SOLE RISK. LICENSOR MAY CHANGE
OR DISCONTINUE ANY ASPECT OR FEATURE OF THE YAHOO SOFTWARE OR
THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE YAHOO SOFTWARE
AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED
TO, CONTENT, HOURS OF AVAILABILITY, AND EQUIPMENT NEEDED FOR
ACCESS OR USE THE YAHOO SOFTWARE SERVICES, AND THE LICENSOR ENTITIES
WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU ARISING
THEREFROM OR RELATED THERETO. IN NO EVENT WILL THE LICENSOR
ENTITIES' DIRECT DAMAGES LIABILITY TO YOU EXCEED (COLLECTIVELY)
$1.00 U.S.
7. Indemnification.
You agree to indemnify and hold
the Licensor Entities harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party in connection
with or arising out of your use of the Yahoo Software, your violation
of any terms or conditions of this Software License Agreement,
your violation of applicable laws, or your violation of any rights
of another person or entity.
8. Government End Users.
If the Yahoo Software and related
documentation are supplied to or purchased by or on behalf of
the United States Government, then the Yahoo Software is deemed
to be "commercial software" as that term is used in
the Federal Acquisition Regulation system. Rights of the United
States shall not exceed the minimum rights set forth in FAR 52.227-19
for "restricted computer software" All other terms
and conditions of this Software License Agreement apply.
9. Controlling Law.
This Software License Agreement
shall be governed by the laws of the United States (as applied
by federal courts sitting in the State of California) and of
the State of California, except conflict of law rules. You consent
to exclusive jurisdiction and venue in Santa Clara County, California
and waive the defense of forum non conveniens. The United Nations
Convention on the International Sale of Goods shall not apply
to this Software License Agreement.
10. Severability.
If, for any reason, a court of
competent jurisdiction finds any provision of this Software License
Agreement, or portion thereof, unenforceable, then the remainder
of the Software License Agreement shall continue in full force
and effect and will be read to give maximum effect to the intention
of the parties as reflected by its plain language.
11. No General Waiver.
Licensor's failure, in any instance,
to exercise any of its rights under this Software License Agreement
will not constitute a general waiver of such or any other rights
hereunder.
12. Amendments.
Licensor reserves the right to
revise this Software License Agreement at any time and you are
deemed to be aware of and bound by any changes upon publication
on our Web site(s).
13. Complete Agreement.
This Software License Agreement
and the Yahoo Terms of Service constitute the entire understanding
between the parties respecting use of the Yahoo Software and
Content and supersede all prior or contemporaneous understandings
regarding such subject matter. No amendment to or modification
of this Software License Agreement will be binding unless made
by an authorized Licensor representative acting in his or her
official capacity. No third party constitutes an authorized Licensor
representative for this purpose. In the event of any conflict
between the terms and conditions of this Software License Agreement
and those in the Yahoo Terms of Service, the terms and conditions
of this Software License Agreement will control, except to the
extent that the Yahoo Terms of Service impose additional restrictions
and liabilities on your actions.
14. Surviving Provisions.
Sections 2, 4, 5, 6, 7, 8, 9,
and 10-14 will survive any termination of this Agreement.
PART II: YAHOO TERMS OF SERVICE
The terms in Part II of this
document are the Terms of Service ("TOS") which govern
your use of Yahoo's web services. The TOS is subject to update
by Yahoo at any time without notice, and you can review the most
current version of it online at any time at: http://docs.yahoo.com/info/terms/.
1. ACCEPTANCE OF TERMS
Yahoo! Inc. ("Yahoo")
provides its services to you, subject to the following TOS. When
using particular Yahoo services, you and Yahoo shall be subject
to any additional Guidelines or Rules applicable to such services
which may be posted by Yahoo from time to time on the service
web pages. All such additional guidelines or rules are hereby
incorporated by reference into this TOS.
>From time to time, Yahoo
also may offer services, such as Yahoo! Store and Yahoo! Site,
for which there are different posted Terms of Service. This TOS
does not apply to such services.
2. DESCRIPTION OF SERVICE
Yahoo currently provides users
with access to a rich collection of online resources, including,
various communications tools, online forums, shopping services,
personalized content and branded programming through its network
of properties (the "Service"). Unless explicitly stated
otherwise, any such service may be discontinued by Yahoo at any
time, and any new features that augment or enhance the current
Service, including the release of new Yahoo properties, shall
be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and without warranties of any kind,
and that Yahoo assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications
or personalization settings.
To use the Service, you must
obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all
equipment necessary to make such connection to the World Wide
Web, including a computer and modem or other Internet access
device. Please be aware that Yahoo has created certain areas
on the Service that contain adult or mature content. You must
be at least 18 years old to access and to view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use
of the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current
or incomplete, or if Yahoo has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Yahoo may suspend or terminate your account and refuse you any
and all current or future use of the Service (or any portion
thereof). You understand that the loss of any and all current
of future use of the Service may temporarily or permanently deprive
you of access to information you have uploaded to the service.
Yahoo is concerned about the
safety and privacy of all its users, particularly children. For
this reason, parents of children under the age of 13 who wish
to allow their children access to the Service must create a Yahoo
Family Account. When you create a Yahoo Family Account and add
your child to the account, you certify that you are at least
18 years old and that you are the legal guardian of the child/children
listed on the Yahoo Family Account. By adding a child to your
Yahoo Family Account, you also give your child permission to
access all of the Services including, email, message boards,
clubs, instant messages and chat (among others). Please remember
that the Service is designed to appeal to a broad audience and
that Yahoo does not edit its content. Accordingly, as the legal
guardian, it is your responsibility to determine whether any
of the Services and/or Content (as defined in Section 6 below)
are appropriate for your child.
4. YAHOO PRIVACY POLICY
Registration Data and certain
other information about you is subject to our Privacy Policy.
For more information, please see our full privacy policy at http://docs.yahoo.com/info/privacy/.
Some wireless devices communicate using protocols which may
subject to unauthorized interception by others and which are
beyond Yahoo's control and for which Yahoo is not responsible.
Please use reasonable and appropriate care when using the Service
on such wireless devices.
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will receive a password and
account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree
to (a) immediately notify Yahoo of any unauthorized use of your
password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session.
Yahoo cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information,
data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means
that you, and not Yahoo, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service.
Yahoo does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you
may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Yahoo be liable in any way for any
Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
You agree to not use the Service
to:
a. Upload, post, email or otherwise
transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a Yahoo official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
e. upload, post, email, solicit or otherwise transmit any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability
to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, regulation, or rule, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Yahoo does
not pre-screen Content, but that Yahoo and its designees shall
have the right (but not the obligation) in their sole discretion
to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Yahoo and its designees shall
have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not
rely on any Content created by Yahoo or submitted to Yahoo, including
without limitation information in Yahoo! Message Boards, Yahoo!
Clubs, and in all other parts of the Service.
Yahoo considers email transmitted
via its service to be the private correspondence between the
sender and the recipient. Yahoo! will not monitor, edit, or disclose
the contents of a user's private communications, except that
you agree that Yahoo may do so: (a) if required by law; (b) to
comply with legal process; (c) to enforce the TOS and any applicable
Guidelines, Rules, or Service-specific Terms of Service; (d)
to respond to claims that any Content violates the rights of
third-parties; or (e) to protect the rights, property, or personal
safety of Yahoo, its employees, users and the public. Yahoo
may remove or disclose public communications on the Service for
the same reasons.
You understand that the technical
processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature
of the Internet, you agree to comply with all of your local rules
regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or in the country
in which you reside.
8. PUBLIC CONTENT POSTED TO YAHOO
(a) For purposes of the TOS,
"publicly accessible areas of the Service" are those
accessible by the general public. By way of example, a publicly
accessible area of the Service would include public Yahoo! Clubs
and Yahoo! Message Boards, but would not include private Yahoo!
Clubs or private Yahoo communication services such as Yahoo!
Mail or Yahoo! Messenger.
(b) With respect to Content you
elect to post for inclusion in publicly accessible areas of Yahoo!
Clubs or that consists of photos or other graphics you elect
to post to any other publicly accessible area of the Service,
you grant Yahoo the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content
on the Service solely for the purpose of displaying, distributing
and promoting the specific Yahoo! Club to which such Content
was submitted, or, in the case of photos or graphics, solely
for the purpose for which such photo or graphic was submitted
to the Service. This license exists only for as long as you elect
to continue to include such Content on the Service and shall
be terminated at the time you delete such Content from the Service.
(c) With respect to all other
Content you elect to post to other publicly accessible areas
of the Service, you grant Yahoo the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known
or later developed.
9. INDEMNITY
You agree to indemnify and hold
Yahoo, and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation
of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access to the
Service.
11. GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that Yahoo may
establish general practices and limits concerning use of the
Service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum
disk space that will be allotted on Yahoo's servers on your behalf,
and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time.
You agree that Yahoo has no responsibility or liability for the
deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You
acknowledge that Yahoo reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that Yahoo reserves the right to change these general
practices and limits at any time, in its sole discretion, with
or without notice.
12. MODIFICATIONS TO SERVICE
Yahoo reserves the right at any
time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without
notice. You agree that Yahoo shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that Yahoo, in its
sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without
limitation, for lack of use or if Yahoo believes that you have
violated or acted inconsistently with the letter or spirit of
the TOS. Yahoo may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that Yahoo may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that
Yahoo shall not be liable to you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Yahoo
shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third
parties may provide, links to other World Wide Web sites or resources.
Because Yahoo has no control over such sites and resources, you
acknowledge and agree that Yahoo is not responsible for the availability
of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that Yahoo shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through
any such site or resource.
16. YAHOO'S PROPRIETARY RIGHTS
You acknowledge and agree that
the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Yahoo or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software,
in whole or in part.
Yahoo grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a
single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by Yahoo for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
a. YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. YAHOO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE 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 ANY
SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM YAHOO OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YAHOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS
If you intend to create or join
any service, receive or request any news, messages, alerts or
other information from the Service concerning companies, stock
quotes, investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended
for trading or investing purposes. Yahoo shall not be responsible
or liable for the accuracy, usefulness or availability of any
information transmitted via the Service, and shall not be responsible
or liable for any trading or investment decisions made based
on such information.
21. NOTICE
Notices to you may be made via either email or regular mail.
The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you
generally on the Service.
22. TRADEMARK INFORMATION
Yahoo!, the Yahoo! logo, Yahoo!
in Chinese Characters, Yahooligans!, the Yahooligans! design,
the "Jumpin Y Guy" logo, Do you Yahoo!?, Y!, Y! stylized,
My Yahoo!, Eyeballs design, Homework Answers, The Scoop, Get
Local, the Worlds Favorite Internet Guide, the Sunglasses design,
e Café Yahoo!, Viaweb, Shop Find, EZSpree, EZWheels, I
Shops, Permission Marketing, Yoyodyne, Get Rich Click, and Geocities
trademarks and service marks, and other Yahoo! logos and product
and service names are trademarks of Yahoo! Inc. (the "Yahoo
Marks"). Without Yahoo's prior permission, you agree not
to display or use in any manner, the Yahoo Marks.
23. COPYRIGHTS and COPYRIGHT
AGENTS
Yahoo respects the intellectual
property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, please provide Yahoo's Copyright Agent
the following information:
1. an electronic or physical
signature of the person authorized to act on behalf of the owner
of the copyright interest;
2. a description of the copyrighted work that you claim has been
infringed;
3. a description of where the material that you claim is infringing
is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
6. a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Yahoo's Copyright Agent for Notice
of claims of copyright infringement on its site is Anthony P.
Coll who can be reached as follows: By mail:
Anthony P. Coll
Copyright Agent
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408) 349-3300
By email: copyright@yahoo-inc.com
24. GENERAL INFORMATION
The TOS constitute the entire
agreement between you and Yahoo and govern your use of the Service,
superceding any prior agreements between you and Yahoo. You also
may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Yahoo
shall be governed by the laws of the State of California, U.S.A.
without regard to its conflict of law provisions. You and Yahoo
agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Santa Clara, California.
The failure of Yahoo to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in
the TOS are for convenience only and have no legal or contractual
effect.
25. VIOLATIONS
Please report any violations
of the TOS to our Customer Care group at http://add.yahoo.com/fast/help/abuse/cgi_abuse.
