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Yahoo! Global Communications Terms of Service for Yahoo! Mail and Yahoo! Messenger Version 11.0 and Above

  1. ACCEPTANCE OF TERMS

    Welcome to Yahoo!. Yahoo! provides Yahoo! Mail and Yahoo! Messenger version 11.0 and above (the “Services”), all of which are subject to the terms and conditions of this Terms of Service (“TOS”). Your use of the Services constitutes acceptance of and is subject to this TOS. This TOS may be updated by Yahoo! from time to time without notice to you. You can review the most current version of this TOS at any time in Section 19 under the Yahoo! company that applies to you. Your use of the Services also constitutes acceptance and is subject to the Yahoo! Universal Terms of Service (“UTOS”) located in Section 19 under the Yahoo! company that applies to you, which is incorporated herein by this reference. You can review the most current version of the applicable UTOS by clicking the UTOS link in Section 19 under the Yahoo! company that applies to you. In this TOS, “Yahoo!” means the applicable Yahoo! company that provides you with your Yahoo! Mail account and service as set forth in Section 19.

    “Yahoo! Messenger” as used in this TOS means Yahoo! Messenger version 11.0 and above. A “Yahoo! Property” as used in this TOS means any website, service or software application offered by Yahoo! that you sign into with your Yahoo! ID. This Yahoo! Mail service identifies words, links, people and subjects from your email messages and other messages that are archived (including instant messages and SMS messages) to learn what matters to you so that Yahoo! can, amongst other things, deliver new Yahoo! Mail product features such as a smarter and more customised inbox and more relevant advertisements.

    Please note that your Yahoo! Messenger account is tied to your Yahoo! Mail account. Therefore, your use of Yahoo! Messenger and all other Yahoo! Messenger services you use in conjunction with Yahoo! Messenger will be subject to the laws applicable to the Yahoo! company or affiliate that provides you with your Yahoo! Mail account and service, as further described in Section 19 below.

    By accessing, using and continuing to use the Services, you represent and warrant that you are permitted to do so under applicable law. You are solely responsible for using the Services in compliance with any and all applicable law. If you are in a jurisdiction where download or use of Yahoo! Services is prohibited or restricted or if you are below the applicable legal age required to use the Yahoo! Service, click “cancel” and do not download or use the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this TOS, which you agree to by continued use of the Services.

  2. DESCRIPTION AND USE OF YAHOO! MAIL AND YAHOO! MESSENGER

    Use of Software. As needed, you may install or download and use software for your personal use, and any Yahoo! or third party software, protocols (including but not limited to API protocols), and any authorised updates provided by Yahoo! (the "Software") in object code form on a personal computer or device owned or controlled by you. You are only permitted to access the Service through the Software strictly as authorised in this TOS. You may use the Software and access for your personal use, and not for any commercial use or benefit. The Service and its components contain software licensed from Yahoo! licensors ("Licensor Software"). The Licensor Software enables the Yahoo! Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. Your license under this TOS to use the Service, its components, and any third-party data, will terminate if you violate restrictions applicable to your use of the Software. If your license terminates, you agree to cease any and all use of the Service, 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 these third parties may enforce their rights under this TOS against you directly in their own name and that you are solely responsible for such claims or defences and all costs associated with them. From time to time, Yahoo! may automatically download the latest version of the Yahoo! Messenger and notify you when it’s ready to install. Visit the Privacy Policy related to the applicable Yahoo! company in Section 19 below to find out more about Auto Updater. If you wish to update Yahoo! Messenger, you must agree to the then current TOS in order for the update to be installed on your computer.

    Saving and Accessing Information. Yahoo! Messenger (including Yahoo! Messenger within your Yahoo! Mail) allows you to see when your friends are online, and send and receive instant messages and other information. Yahoo! Messenger, including any web-based versions, will also allow you and the people with whom you communicate, to save your conversations and other information in your Yahoo! Mail accounts located on Yahoo! servers. This means you can access and search your message history from any computer or device with access to the Internet. Whether or not you use this feature, other users may choose to use it to save conversations and other information with you in their account located on Yahoo! servers. Your agreement to this TOS constitutes your consent to allow Yahoo! to store these communications and other information on its servers. You are solely responsible for the content that you use or store in connection with the Services and if you desire, are solely responsible for backing up your data. Except as set forth herein, you acknowledge and agree that the Yahoo! company providing Services to you does not guarantee that data associated with your account will be accessible to you, or that any data deleted, removed or rendered inaccessible can be provided to You. The prior sentence does not apply to you if Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München provides you with your Yahoo! Mail account and service.

    Advertisements. You understand and agree that the Services may include advertisements and that these advertisements are necessary for Yahoo! to provide the Services.

    Communications from Yahoo!. You also understand and agree that the Services may include certain communications from Yahoo!, such as service announcements and administrative messages and that you will not be able to opt out of receiving such communications.

    Accessing and Using the Services. In order to use the Services and those services and products within the Services (for both free and charged services), 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. You are responsible for obtaining access to the Services, for all equipment required to gain such access and that access and use may involve third-party fees (such as Internet service provider or wireless airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements or for any communications from Yahoo!. In addition, you must provide all equipment necessary to connect to the World Wide Web or enable pc-to-pc, pc-to-phone, video, or other internet calling, including computers, modems, mobile devices, microphones, headsets, and handsets.

    Interoperability with Other Networks. If authorised by Yahoo!, Yahoo! Messenger may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that: (i) your use of Yahoo! Messenger is subject to this TOS and the terms governing the use of other instant messaging products you have agreed to, if any, that are consistent with this TOS; and (ii) users of other instant messaging products are subject to the terms governing such other instant messaging products. Yahoo! assumes no responsibility for the conduct of persons or entities with which you communicate. With the exception of messages sent to you by Yahoo!, Yahoo! does not own or control the content of any messages sent or received by users of the Services.

    You understand that the technical processing and transmission of the Services, including your content, may involve: (a) transmissions over various third party networks and systems; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    The Services may allow you to use different methods of communicating and sending and receiving messages, files, photos, videos and other information, including via Yahoo! Messenger, Yahoo! Mail, SMS, voice calling and video calling. By using the Services, you consent to allow Yahoo! in its sole discretion to identify words, links, people and subjects from your email messages and other messages that are archived (including instant messages and SMS messages) and for Yahoo! to analyse, review and categorise this information for, without limitation, immediate and future use (e.g., to provide personally relevant product features, content and advertising and for spam and malware detection).

    Blocking. By using the Services, you acknowledge that other users of the Services (including Yahoo! Messenger) may elect to receive a notification from the Services when you sign on and may send you instant messages and other information or call you via the Services. If you desire to block the notification feature of Yahoo! Messenger sent to other users or if you don't want to receive messages from such users, you will have to enable the "Ignore" or similar feature separately. Your ability to send and receive instant messages and other information may be blocked by Yahoo! and by other users, which may partially or wholly limit your ability to use the Services. By using the Services, you agree that Yahoo! has no responsibility for assessing or resolving any disputes arising from your or any other user's ability (or otherwise) to ignore, send messages, or otherwise use the Services. The prior sentence does not apply to you if Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München provides you with your Yahoo! Mail account and service.

    Yahoo! Support. Yahoo! may elect to provide you with customer support and/or upgrades, enhancements, or modifications for the Service (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. You understand and agree that in the event Yahoo! elects to provide you with Support, such Support is provided voluntarily in Yahoo!’s discretion and that it does not create any contractual right to receive Support and that you may not rely upon any statement or offer of Support to create a contractual right to Support.

    Yahoo! Fees. Yahoo! reserves the right to charge fees for future use of or access to the Service, or other Yahoo! services and web sites, in Yahoo!'s sole discretion. If Yahoo! decides to charge fees, Yahoo! will provide you with prior notice.

  3. DIFFERENT VERSIONS OF YAHOO! MESSENGER AND OTHER YAHOO! AUTHORISED INSTANT MESSAGE CLIENTS

    Different features may be available in different versions of Yahoo! Mail and Yahoo! Messenger and not all features may be available in your country or region. Also, not all features may be available if the user that you are communicating with is using a different version of Yahoo! Mail or Yahoo! Messenger, or is using an instant message software client offered by a non-Yahoo! company.

  4. INDEMNITY

    You agree to indemnify, defend and hold harmless Yahoo! and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, store, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of this TOS or UTOS, your violation of applicable laws, or your violation of any rights of another person or entity.

  5. NO COMMERCIAL USE OF THE SERVICES

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, and software, if any), without Yahoo!’s prior express written permission.

  6. MODIFICATIONS TO THE SERVICES

    Yahoo! reserves the right at any time and from time to time to change, modify, suspend or discontinue, temporarily or permanently, the Services (or any part of either) including the availability of any Service feature, database or content 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 Services (or any part thereof), or for any loss of data or messages in connection with the Services, including messages or data that you have stored. Yahoo! encourages you to back up your data. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Services or other Yahoo! services or web sites without notice or liability.

  7. YAHOO!'S PROPRIETARY RIGHTS

    You acknowledge and agree that the Services (which include the Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Yahoo! and Yahoo!'s licensors own all rights, title, and interest in and to their applicable contributions to the Services. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorised by Yahoo! or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or such content, in whole or in part. This TOS grants you no right, title, or interest in any intellectual property owned or licenced by Yahoo!, including, without limitation, the Services and Yahoo! trademarks, and creates no relationship between yourself and Yahoo!'s licensors, or between you and Yahoo! other than that of Yahoo! to licensee

  8. MEMBER ACCOUNT, PASSWORD, AND SECURITY

    If you don't already have a Yahoo! ID and password, you will be prompted to complete the Yahoo! registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Yahoo! of any unauthorised use of your password or account or any other breach of security. You agree Yahoo! provides you only with the right to access your account in accordance with this TOS and applicable rules and guidelines. If you violate this Section, or otherwise cannot validate your account to Yahoo!, you acknowledge and agree that your account may be permanently inaccessible to you and that all data associated with the account may not be retrievable. Yahoo! does not guarantee that you will have permanent access to your data used with the Services, or that it will provide copies to you in the event data is deleted or lost. Yahoo! encourages you to properly back up your data. Yahoo! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. The prior sentence does not apply to you if Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München provides you with your Yahoo! Mail account and service.

  9. YAHOO! PRIVACY POLICY

    Your access to and use of the Services constitutes acceptance of and is subject to the Yahoo! Privacy Policy. Your registration data and other information about you are also subject to our Privacy Policy. You can review the most current version of the Yahoo! Privacy Policy at any time by clicking on the Privacy Policy link in Section 19 below under the Yahoo! company that applies to you.

  10. RESTRICTIONS ON USE

    YOU MAY NOT and will not allow any third party to (except to the extent required by local law):

    • Copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the applicable local laws) or improvements (as defined by the applicable local laws) to the Services or Software in the Services or otherwise attempt to discover the source code or protocols in the Services or Software;
    • Obtain or attempt to obtain unauthorised access to the Services or the Yahoo! network;
    • Incorporate the Services or the Software, or any portion thereof, into any other service, software, hardware, or other technology manufactured or distributed by or for you;
    • Use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this TOS or the UTOS;
    • Use the Services to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake (you specifically understand that the Services are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible) [note that the prior sentence does not apply to you if Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München provides you with your Yahoo! Mail account and service]; or
    • Sell, lease, loan, distribute, transfer, sublicence, reproduce, duplicate, copy, trade or exploit the Services or access thereto or derive income from the use or provision of the Services, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express and written permission.

  11. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO! AND IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR MOBILE OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO! OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

    You understand and agree that the Services are provided "AS IS" and that Yahoo! assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalisation settings. You also understand that Yahoo! is not responsible for the security or privacy of communications sent via the Services. These disclaimers are in addition to the above paragraphs in this section. Note that Section 11(a)-(d) and the immediately preceding paragraph do not apply to you if Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München provides you with your Yahoo! Mail account and service.

    You may also use optional equipment to access the Services (e.g., a USB port phone device to access the pc-to-pc calling feature, which device may include dual functionality to access a traditional landline service which is not provided by Yahoo!).

    Any third party plug-in applications that you use with the Services are owned by and are the sole responsibility of the plug-in application developer, and it is up to you decide whether these plug-in applications, or your use of them, are legal or appropriate.

    If the Service downloaded or accessed by you includes anti-spyware features, software that is identified as "spyware" by this tool may be software that you have agreed to load onto your computer pursuant to a separate agreement with a third party. You are solely responsible for compliance with agreements you have executed with third parties.

    Any required or optional equipment or third party plug-in applications that you use to use, access, or augment the Services, including your mobile or other device, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of such equipment or third party plug-in applications, and Yahoo! makes no warranties or representations whatsoever regarding such equipment and third party plug-in applications. Please refer to the materials you received when you purchased the equipment or obtained the third party plug-in applications to understand your rights and obligations, including what warranties and disclaimers apply to you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO SUCH EQUIPMENT OR THIRD PARTY PLUG-IN APPLICATIONS, INCLUDING ANY IMPLIED TERMS AND WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL AND AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. The prior sentence does not apply to you if Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München provides you with your Yahoo! Mail account and service.

  12. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING THE POTENTIAL LOSS OF DATA; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES.

  13. 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 11 AND 12 MAY NOT APPLY.

  14. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

  15. NOTICES

    Yahoo! may provide you with notices by a variety of methods including, without limitation, email, regular mail, SMS, MMS, text message, postings on the relevant Yahoo! web pages and properties, notifications on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Services in an unauthorised manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorised manner.

  16. TERMINATION

    Your right to access and use the Services continues until they are terminated by either party. Yahoo! may terminate this TOS and your right to use and access the Services for causes including, without limitation: (a) breaches or violations of this TOS and/or the UTOS; (b) requests by law enforcement or other government agencies or in response to court orders entered by a court of competent jurisdiction; (c) a request by you (self-initiated account deletions); and (d) unexpected technical or security issues or problems, or (e) extended periods of inactivity. Termination of your access to the Services includes: (a) removal of access to all offerings within or integrated with the Services; (b) deletion of your Yahoo! ID and all Yahoo! accounts and related information, files and content associated with or inside your accounts (or any part of them); and (c) barring further use of the Services. Further, you agree that all terminations for cause will be made in Yahoo!'s sole discretion and that Yahoo! and its subsidiaries, affiliates, officers, agents, employees, partners and licensors will not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Services. Section 16 does not apply to you if Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München provides you with your Yahoo! Mail account and service.

  17. GENERAL INFORMATION

    Entire Agreement. This TOS and the UTOS and documents incorporated herein and all the applicable terms constitute the entire agreement between you and Yahoo! as it relates to your use of the Services and it governs your use of the Services, superseding any prior version of this TOS or the UTOS, if any, between you and Yahoo! with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yahoo! services, affiliate services, third-party content or third-party software. If after you agree to this TOS, you agree to other terms of service with Yahoo! or a Yahoo! affiliated entity, but those terms of service do not specifically identify (by name) this TOS and the Services as being superseded, this TOS will continue to govern your use of the Service. If you are using the Yahoo! Services, in the event of a conflict between the provisions of this TOS and the UTOS, the provisions of the TOS shall control, as they relate to the Services. If you are using a Yahoo! Property, in the event of a conflict amongst this TOS, the UTOS and any additional Yahoo! terms of service, if applicable, the provisions of the applicable Yahoo! additional terms of service will first control, then the UTOS and then this TOS.

    English Version Prevails. In the event that this TOS is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

    Waiver and Severability of Terms. The failure of Yahoo! to exercise or enforce any right or provision in this TOS shall not constitute a waiver of such right or provision. The provisions in this TOS are severable in that if any provision or part of a provision is found by a court of competent jurisdiction to be illegal, unenforceable or invalid, such provision shall be deemed to have been deleted without affecting the remaining provisions and the other provisions of this TOS shall remain in full force and effect.

    Statute of Limitations. 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 Services or this TOS must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.

    Section Title. The section titles in this TOS are for convenience only and have no legal or contractual effect.

    No Right of Survivorship and Non-Transferability. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! ID or contents associated with your Yahoo! ID for all Yahoo services terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

  18. VIOLATIONS

    Please report any violations of this TOS to the applicable Customer Care link set forth in Section 19 below.

  19. CONTRACTING PARTY, CHOICE OF LAW, LOCATION FOR RESOLVING DISPUTES AND OTHER LOCAL REGION PROVISIONS

    This TOS is between you and the Yahoo! company that provides you with your Yahoo! Mail account and service. In the subsection below, find the Yahoo! company that provides you with your Yahoo! Mail account and service, and in that subsection you will find the Yahoo! company that you are contracting with for the Services, the choice of law, the location for resolving disputes with the relevant Yahoo! company and other important provisions. Please note that your use of Yahoo! Messenger and all other Yahoo! Messenger services will be subject to the laws applicable to the Yahoo! company that provides you with your Yahoo! Mail account and service. If you do not recall which Yahoo! company provides you with your Yahoo! Mail account and service and you are using Yahoo! Messenger version 11.0 or above, please click on the “About” link in Yahoo! Messenger and then the “Legal Jurisdiction” link. If you are using Yahoo! Mail, please click on the “Help” link in Yahoo! Mail and then the “Terms of Service.”

REGION:

The Americas.

  1. United States. If Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Inc. and Yahoo! Inc. provides you with the Services and the substantive law of the State of California governs the interpretation of this TOS and applies to all claims related to it, regardless of conflict of laws principles. You and Yahoo! Inc. irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Santa Clara County, California or in the Federal Courts located in the Northern District of California, USA for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. If applicable, all Software provided to the US. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial rights and restrictions described herein. If the Services and related documentation are supplied to or purchased by or on behalf of the United States Government, if applicable, then the Services are 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 TOS apply. You agree to not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated by the United States government as a foreign terrorist organisation pursuant to section 219 of the Immigration and Nationality Act. You acknowledge and understand that Yahoo! does NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services). You should always have an alternative means of accessing 911 or similar emergency services. Please inform others who use your Yahoo! Messenger or Yahoo! Mail and devices used to access Yahoo! Messenger or Yahoo! Mail that they must access these numbers through a traditional landline or mobile phone. Yahoo! Messenger and Yahoo! Mail are not intended to replace your primary phone service, such as a traditional landline or mobile phone. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  2. Canada: If Yahoo! Canada, 207 Queen's Quay West, Suite 801, Toronto, ON, M5J 1A7 provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Canada and Yahoo! Canada provides you with the Services, and the laws of Canada govern the interpretation of this TOS, including breaches of it, regardless of conflict of laws principles, but also applies to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Canada irrevocably consent to the exclusive jurisdiction and venue the courts located within the province of Ontario, Canada for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  3. Brazil: If Yahoo! Brasil Internet Ltda.,R. Fidencio Ramos, 195 - 12o andar, Sao Paulo, 04551-010, Brazil, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Brasil and Yahoo! Brasil provides you with the Service, and the laws of the Federative Republic of Brazil govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Brasil irrevocably consent to the exclusive jurisdiction and venue of the Federative Republic of Brazil for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. For Yahoo! Brasil users, the limitation of rights of the users, limitations of liabilities and validity of this TOS shall be applied to the extent permitted by Brazilian law. Yahoo! Brasil reserves the right to solve eventual conflicts or contradictions solely in accordance to the UTOS and Brazilian law. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  4. Argentina: If Yahoo! de Argentina SRL, Av. Congreso 1685 - 2do.Piso, Cdad, Aut. de Buenos Aires, C1428BUC, Argentina provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! de Argentina and Yahoo! de Argentina provides you with the Services, and the laws of the Argentine Republic govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! de Argentina irrevocably consent to the exclusive jurisdiction and venue of the Argentine Republic for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  5. Mexico: If Yahoo! de Mexico S.A. de C.V., Av Paseo de las Palmas 330, Piso 2, Lomas de Chapultepec, Mexico City, 11000, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! de Mexico and Yahoo! de Mexico provides you with the Services, and the laws of the United Mexican States govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! de Mexico irrevocably consent to the exclusive jurisdiction and venue of the United Mexican States for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  6. Venezuela, Colombia, Peru and Chile: If Yahoo! Hispanic Americas, LLC, One Alhambra Plaza, 8th Floor, Coral Gables, FL 33134, U.S.A, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Hispanic Americas and Yahoo! Hispanic Americas provides you with the Service, and the laws of the State of Florida govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Hispanic Americas irrevocably consent to the exclusive jurisdiction and venue of the courts of Miami-Dade County for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. Yahoo! Venezuela: You can review the most current version of this Licence, the TOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

    Yahoo! Venezuela: You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

    Yahoo! Colombia: You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

    Yahoo! Peru: You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

    Yahoo! Chile: You can review the most current version of this Licence, the TOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

REGION:

Europe.

  1. United Kingdom: If Yahoo! UK Ltd, 125 Shaftesbury Avenue, London WC2H 8AD, United Kingdom provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! UK Ltd. and Yahoo! UK Ltd. provides you with the Service, and the laws of England and Wales govern this TOS and any non-contractual obligations arising out of it. You and Yahoo! UK Ltd. irrevocably consent to the exclusive jurisdiction and venue of the English courts for all disputes arising out of or in connection with this TOS, any non-contractual obligation arising out of or in connection with this TOS or any claim or dispute arising out of or relating to the relationship between you and Yahoo! UK Limited regardless of the type of claim. Lastly, the following additional provisions apply to you: Nothing in this TOS or the UTOS excludes or limits the liability of either of us for fraud, the tort of deceit, death or personal injury caused by negligence or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or any other liability which cannot be excluded or limited by applicable law, nor in relation to any statutory or regulatory fines incurred.

    You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  2. Italy: If Yahoo! Italia S.r.l., via Spadolini 7, 20141 Milano, Code and VAT n. 13122290151, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Italia and Yahoo! Italia provides you with the Services, and the laws of Italy govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, data protection laws, unfair competition laws, and in tort. You and Yahoo! Italia irrevocably consent to the exclusive jurisdiction and venue of Court of Milan, Italy for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

    You may contact Yahoo! Italia at any time by sending an email to the above address.

  3. Germany: If Yahoo! Deutschland GmbH, Theresienhöhe 12, 80339 München, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Deutschland and Yahoo! Deutschland provides you with the Services. In that case, the contractual and non-contractual relationships between the parties with respect to the use of the Services are subject exclusively to German law. You consent to the exclusive jurisdiction and venue of Munich, Germany for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim in cases where you are domiciled outside of the territory of Germany or have transferred your domicile outside the territory of Germany after accepting this TOS. Lastly, the following additional provisions apply to you:

    Liability

    You understand that Yahoo! is liable and responsible for providing this Service according to the UTOS at http://info.yahoo.com/legal/de/yahoo/utos.html. Moreover, Section 4 in this TOS does not apply to you and instead you are subject to the following paragraph:

    You agree to indemnify, defend and hold harmless Yahoo! and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, if such content or the use of the Services or the connection to the Services violates any laws or third party rights or is inconsistent with this TOS or UTOS.

    Additionally, Section 6 in this TOS does not apply to you and instead you are subject to the following paragraph:

    The Services are continually changing in content and technology because Yahoo! improves, develops and adapts its features on an ongoing basis to keep technically up to date and meet changing user demands. Yahoo! therefore reserves the right to change or interrupt the Services (or their functionalities) temporarily or permanently if such changes or interruptions are reasonable for you considering the interests of Yahoo!. Changes and interruptions are reasonable if they do not impact the users’ interests essentially or do not limit the usage of the Services essentially; e.g., the addition of additional functionalities. If Yahoo! decides to discontinue a Service, you will be notified by prior 30 days notice, affording you sufficient time to secure or download content you may have in that Service.

    You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  4. France and Belgium: If Yahoo! France, 17-19 rue Guillaume Tell 75017 Paris, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! France and Yahoo! France provides you with the Services, and the laws of France govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! France irrevocably consent to the exclusive jurisdiction and venue of the Courts of Paris for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  5. Spain: If Yahoo! Iberia S.L.U., María de Molina, 40 28006 Madrid, España, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Iberia and Yahoo! Iberia provides you with the Services, and the laws of Spain govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo Iberia irrevocably consent to the exclusive jurisdiction and venue of Spain (and the Courts of the City of Madrid) for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below. You may also contact customer care using the link provided.

  6. Denmark, Norway, Sweden, Turkey, Russia, Poland and Greece. If Yahoo! Ireland Services Limited (YISL) provides you with your Yahoo! Mail account and service, then you are contracting with YISL to provide you with the Services, and the laws of Ireland govern this TOS and any non-contractual obligations arising out of it. You and YISL irrevocably consent to the exclusive jurisdiction and venue of the Irish courts for all disputes arising out of or in connection with this TOS, any non-contractual obligation arising out of or in connection with this TOS or any claim or dispute arising out of or relating to the relationship between you and YISL regardless of the type of claim.

    You can review the most current version of this TOS, the UTOS and the Privacy Policy at any time at the links below.

REGION:

Asia Pacific.

  1. Hong Kong: If Yahoo! Hong Kong Limited, at 27/F Sunning Plaza, 10 Hysan Avenue, Causeway Bay, Hong Kong, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Hong Kong and Yahoo! Hong Kong provides you with the Services, and the laws of Hong Kong govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Hong Kong irrevocably consent to the exclusive jurisdiction and venue of Hong Kong for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. Lastly, the following additional provisions apply to you:

    1. TOS: http://info.yahoo.com/legal/hk/yahoo/mail/atos.html.
    2. UTOS: http://hk.yahoo.com/info/utos.html.
    3. Privacy Policy: http://info.yahoo.com/privacy/hk/yahoo.
    4. Customer Care: http://help.cc.hk.yahoo.com/.
    5. Certain features may not be available to users in HK including PC-to-phone and other internet calling.

  2. Singapore, Indonesia, Malaysia, the Philippines, Thailand and Vietnam: If Yahoo! Southeast Asia Pte. Ltd. (of 60 Anson Road, #13-01 Mapletree Anson, Singapore 079914), provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Southeast Asia and Yahoo! Southeast Asia provides you with the Services, and the laws of Singapore govern not only the interpretation of this TOS and applies to claims for breach of it, regardless of conflict of laws principles, but also applies to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Southeast Asia irrevocably consent to the non-exclusive jurisdiction and venue of the Singapore Courts for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. Lastly, the following additional provisions apply to you:

    1. TOS:

    2. UTOS:

    3. Privacy Policy:

    4. Customer Care:

    5. English version prevails. In the event that this agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

  3. Australia: If Yahoo! 7 Pty Limited, Levels 2 & 3, Pier 8/9, 23 Hickson Road, Millers Point NSW 2000, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! 7 and Yahoo! 7 provides you with the Services, and the laws of New South Wales govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! 7 irrevocably consent to the exclusive jurisdiction and venue of the New South Wales courts for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. Lastly, the following additional provisions apply to you the links below. You may also contact customer care using the link provided.

    1. TOS: http://info.yahoo.com/legal/au/yahoo/mail/atos.html.
    2. UTOS: http://au.docs.yahoo.com/info/terms/.
    3. Privacy Policy: http://info.yahoo.com/privacy/au/yahoo.
    4. Customer Care: http://help.yahoo.com/l/au/yahoo7/abuse/general.html.

  4. New Zealand: If Yahoo! Xtra New Zealand Pty Ltd, 2 Ruskin Street Parnell Auckland New Zealand, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Xtra and Yahoo! Xtra provides you with the Services, and the laws of New Zealand govern not only the interpretation of this TOS and apply to claims for breach of it, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Xtra irrevocably consent to the exclusive jurisdiction and venue of the courts in Auckland for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim.

    1. TOS: http://info.yahoo.com/legal/nz/yahoo/mail/atos.html.
    2. UTOS: http://nz.docs.yahoo.com/info/terms/.
    3. Privacy Policy: http://info.yahoo.com/privacy/nz/yahoo.
    4. Customer Care: http://help.yahoo.com/l/au/yahoo7/abuse/general.html.

  5. Taiwan: If Yahoo! Taiwan provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Taiwan and Yahoo! Taiwan provides you with the Services, and the laws of Taiwan govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Taiwan irrevocably consent to the exclusive jurisdiction and venue of the courts located in Taipei, Taiwan, R.O.C. for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. Lastly, the following additional provisions apply to you:

    1. TOS: http://info.yahoo.com/legal/tw/yahoo/mail/atos/details.html.
    2. UTOS: http://tw.info.yahoo.com/legal/utos.html.
    3. Privacy Policy: http://info.yahoo.com/privacy/tw/yahoo.
    4. Customer Care: http://tw.help.cc.yahoo.com/.

  6. Korea: If Yahoo! Korea YH, 10F JS Tower 144-19 Samsung-dong Kangnam-gu, Seoul, provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! Korea and Yahoo! Korea provides you with the Services, and the laws of the Republic of Korea govern not only the interpretation of this TOS and apply to claims for breach of it, regardless of conflict of laws principles, but also apply to all other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort. You and Yahoo! Korea irrevocably consent to the exclusive jurisdiction and venue of the Seoul Central District Court located in Seoul for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. Lastly, the following additional provisions apply to you:

    1. TOS: http://info.yahoo.com/legal/kr/yahoo/mail/atos.html.
    2. UTOS: http://kr.docs.yahoo.com/info/utos.html.
    3. Privacy Policy: http://info.yahoo.com/privacy/kr/yahoo.
    4. Customer Care: http://kr.howto.yahoo.com/default.asp.

  7. India: If Yahoo! India Private Limited, Unit No. 1261, 6th Floor, Building No.12, Solitaire Corporate park,, No. 167, Guru Hargovindji Marg,, (Andheri – Ghatkopar Link Road), Andheri (East), Mumbai 400 093, India provides you with your Yahoo! Mail account and service, then you are contracting with Yahoo! India and Yahoo! India provides you with the Services, and the laws of India govern this License and TOS regardless of conflict of laws principles. You and Yahoo! India irrevocably consent to the exclusive jurisdiction of the competent courts at Mumbai for all disputes arising out of or relating to this TOS or arising out of or relating to the relationship between you and Yahoo! regardless of the type of claim. Lastly, the following additional provisions apply to you:

    1. TOS: http://info.yahoo.com/legal/in/yahoo/mail/atos.html.
    2. UTOS: http://in.docs.yahoo.com/info/terms/.
    3. Privacy Policy: http://info.yahoo.com/privacy/in/yahoo.
    4. Customer Care: http://help.yahoo.com/l/in/yahoo/helpcentral/.

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