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User Agreements


Revised on

Originally posted on June 4th, 2003

Yahoo Messenger

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.

 

 

 

Michael

 

 

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