(1) ACCEPTANCE OF TERMS
Welcome to Yahoo! India. Yahoo India Private Limited ("Yahoo", "we" or "us" as the case may be)
provides the Service (defined below) to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOS at any time
at: http://info.yahoo.com/legal/in/yahoo/tos.html.
In addition, when using particular Yahoo services or third party services, you
and Yahoo shall be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines or rules,
which maybe subject to change, are hereby incorporated by reference into the
TOS. In most cases the guides and rules are specific to a particular part of
the Service and will assist you in applying the TOS to that part, but to the
extent of any inconsistency between the TOS and any guide or rule, the TOS will
prevail. We may also offer other services from time to time that are governed
by different Terms of Services, in which case the TOS do not apply to such
other services if and to the extent expressly excluded by such different Terms
of Services. Yahoo also may offer other services from time to time that are
governed by different Terms of Services. These TOS do not apply to such other
services that are governed by different Terms of Service.
(2) DESCRIPTION OF SERVICE
Yahoo currently provides users with access to a rich collection of on-line
resources, including, various communications tools, online forums, shopping
services, personalized content and branded programming through its network of
properties (the "Service"). The Service (or parts of it), at Yahoo?s
discretion, may be accessed or made available through or via various mediums or
devices now known or hereafter developed, including but not limited to the
World Wide Web, mobile telephone or communications services (such as SMS (Short
Message Service)), and/or other Internet or telecommunications services or
protocols (such as WAP (Wireless Application Protocol)) (collectively, the
"Channels"). You also understand and agree that that the Service may
include certain communications from Yahoo! such as service announcements,
administrative messages and the Yahoo! Newsletter, and that these
communications are considered as part of the Yahoo! membership and you will not
be able to opt out of receiving them.
Unless explicitly stated otherwise, 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 that Yahoo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the Channels, either directly or through devices that access web-based content, and pay any service fees associated with such access to the Service in accordance with the applicable payment terms. Such fees and payment terms may be changed from time to time, and such changes will be notified to you, whether by email or by notices or links to notices on the Service or by other appropriate means. You acknowledge that certain parts of the Service are available only via certain Channels. You also acknowledge that we are not responsible or liable in any way for your access to the Service or your use of any Channels.
In addition, you must provide all equipment necessary to use the relevant Channel, including a computer and modem, mobile telephone or other appropriate access device, and you must pay any fees applicable to the use of such Channel. You acknowledge that you are solely responsible for the set-up, configuration or compatibility of the hardware, software and other equipment used by you for obtaining access to the Service by any Channel whatsoever. If any alteration in the whole or any part of Service requires changes in your hardware, software or other equipment, you must effect these changes at your own expense. We will inform you of any such alterations in the Service in advance, whether by email or by notices or links to notices on the Service or by other appropriate means.
Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.
Content that is considered obscene under Indian law, is strictly forbidden on the Yahoo! India site, and users are prohibited from posting any material of an obscene nature on the Yahoo! India site. Although Yahoo! India exercises due diligence to ensure that any obscene content posted by users in violation of the TOS is promptly removed, users may sometimes come across user-posted obscene content that we have not yet discovered. Users shall make best endeavors to make Yahoo aware of such obscene/objectionable content that they come across while using the service.
(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 Yahoo has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
Yahoo has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof) without any
liability to you. We are concerned about the safety and privacy of all our
users, particularly children. However, please remember that the Service is
designed to appeal to a broad audience. Accordingly, if you are a parent or
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. Similarly, if you are a child, please consult with your parent or
legal guardian as to whether any of the Services and/or Content is appropriate
for you.
Notwithstanding the foregoing, we may provide you with access to some parts of the Service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. In appropriate cases, identification may be based on data identifying your mobile telephone or communications subscription number provided by your network operator. You agree that such information may be collected and disclosed to us and used in accordance with the TOS.
(4) YAHOO PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy which is incorporated by reference into and made a part of this
TOS. By giving or making available the Registration Data and such other
information about yourself to us, you agree and acknowledge that we may use or
release such information to third parties as specified in the Privacy Policy,
and that you give consent to such use or disclosure. For more information,
please see our full privacy policy at http://info.yahoo.com/privacy/in/yahoo/.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or other
countries for storage, processing and use by Yahoo! and its affiliates.
(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 and acknowledge 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, cannot and 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 we or our licensors,
suppliers, vendors, parent, holding, subsidiary or related companies,
affiliates, officers, agents or employees, as the case may be, be liable in any
way for any Content, including, but not limited to, any exposure to offensive,
indecent or objectionable Content, 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 or contrary to public interest, public
order or national harmony in all relevant jurisdictions;
b. harm minors in any way;
c. impersonate, or falsely state or otherwise misrepresent your
affiliation with, any person or entity, including, but not limited to, a Yahoo!
official, forum leader, guide or host;
d. forge headers or otherwise manipulate identifying information in
order to disguise and/or with the effect of disguising the origin of any
Content transmitted through the Service;
e. upload, post, email 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, but not limited
to, shopping rooms) that are designated for such purpose;
h. upload, post, email or otherwise make available or 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 or to utilize the service on an AS IS basis as provided by us;
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, including, but not limited to, regulations
promulgated by the Indian securities, exchange control and other regulatory
authorities , any rules of any Indian securities exchange and any regulations
having the force of law;
l. "stalk" or otherwise harass another;
m. commit any fraudulent or unlawful act, whether in relation to any
third party provider of products and services on the Service or otherwise
n. collect or store personal data about any other users in connection
with the prohibited conduct and activities set forth in paragraphs a. through m
above.
You acknowledge that Yahoo cannot and does not pre-screen Content, but that
Yahoo and its designees shall have the right (but not the obligation) in our
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 we believe in good faith violates the TOS or
that has been alleged to infringe any intellectual property or that is
otherwise objectionable in our sole opinion, without being liable to you in any
way for any loss or damage arising from such removal. You agree that you will
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! Groups, and in all other parts of the Service.
You acknowledge and agree that Yahoo may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of
third-parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of Yahoo, its users
and the public.
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
Where any part of the Service involves or is provided by us in conjunction with a third party, you agree to comply with any notices, instructions or directives given by such third party in relation to such part of the Service, including your access to or use thereof.
(7) INTERSTATE NATURE OF COMMUNICATIONS ON
YAHOO! NETWORK
When you register with Yahoo!, you acknowledge that in using Yahoo! services to
send electronic communications (including but not limited to email, search
queries, sending messages to Yahoo! Chat or Yahoo! Groups, uploading photos and
files to Yahoo! Photos or Briefcase, and other Internet activities), you will
be causing communications to be sent through Yahoo!'s computer networks,
portions of which may be located abroad. As a result, and also as a result of
Yahoo!'s network architecture and business practices and the nature of
electronic communications, even communications that seem to be intrastate in
nature can result in the transmission of interstate communications regardless
of where you are physically located at the time of transmission. Accordingly,
by agreeing to this Terms of Service, you acknowledge that use of the service
results in interstate data transmissions.
Yahoo! Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Yahoo! accounts located on Yahoo! servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Yahoo! too. Your agreement to this TOS constitutes your consent to allow Yahoo! to store these communications on its servers. From time to time Yahoo! will send you notices through the Yahoo! Messenger Service to let you know about important changes to the Yahoo! Messenger or related Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized 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 Service in an authorized manner.
(8) SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet, you agree to comply with all
applicable laws, statutes, regulations, rules and codes regarding online
conduct and acceptable Content and use of relevant Channels.
(9) CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Yahoo! does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the Service, you grant
Yahoo! the following worldwide, royalty-free and non-exclusive license(s), as
applicable:
(10) CONTRIBUTIONS TO YAHOO!
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to Yahoo! through its suggestion or feedback
webpages, you acknowledge and agree that: (a) your Contributions do not contain
confidential or proprietary information; (b) Yahoo! is not under any obligation
of confidentiality, express or implied, with respect to the Contributions; (c)
Yahoo! shall be entitled to use or disclose (or choose not to use or disclose)
such Contributions for any purpose, in any way, in any media worldwide; (d)
Yahoo! may have something similar to the Contributions already under
consideration or in development; (e) your Contributions automatically become
the property of Yahoo! without any obligation of Yahoo! to you; and (f) you are
not entitled to any compensation or reimbursement of any kind from Yahoo! under
any circumstances.
(11) INDEMNITY
You agree to indemnify and hold Yahoo, and our licensors, suppliers, vendors,
parent, subsidiaries and related companies, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable legal fees, made by any third party due to or
arising out of Content you submit, post to or transmit or make available
through the Service, your use of the Service, your connection to the Service,
your use of any Channels, your violation of the TOS, or your violation of any
rights of any other person, or your breach of any applicable law.
(12) 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
(13) GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that Yahoo may, in its sole discretion, 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 or any other messages that may be sent from or
received by an account on the Service or transmitted through 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. In
particular, but without limiting the foregoing, by using the Service, you
consent to our adoption of the practices, set forth in http://info.yahoo.com/privacy/in/yahoo/
in relation to your use of the Service. 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. You further acknowledge that we
reserve the right to modify these general practices and limits at any time, in
our sole discretion, with or without notice, and you agree that your continued
use of the Service after such modification will constitute your acceptance of
and agreement to be bound by the modified general practices and limits.
(14) 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, for any reason whatsoever, whether generally or limited to
you only You agree that Yahoo shall not be liable in any way to you or to any
third party for any modification, suspension or discontinuance of the Service.
(15) 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, in its sole opinion, believes that you have violated
or acted inconsistently with the letter or spirit of the TOS or that you are a
repeat infringer of intellectual property rights. Yahoo may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice, whether for selected or all Channels. 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.
(16) DEALINGS WITH THIRD PARTIES
The Service may also include access to products and services of independent
third parties either directly or via links to sites operated by such third
parties. Where these products and services of third parties form part of the
Service, we will endeavour, but are not obliged to, indicate that these
products and services are provided by third parties. In all cases, your
correspondence or business dealings with, or participation in promotions of,
other parties found on or through the Service (including without limitation
providers of products and services, advertisers and other users of 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 third party, even where it is in
relation to any products or services that are co-branded with us which may
include our trademarks. You agree that we shall not be responsible or liable in
any way for any loss or damage of any sort incurred as the result of any such
dealings with any third parties, as the result of the presence of such third
parties on the Service, or as the result of the use of the Service in any way
by such third parties.
(17) LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web or other online electronic sites or resources. You acknowledge that
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, in any manner whatsoever, 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.
(18) 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 us or
advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute
or create derivative works based on the Service, the Software or the Content
(excluding Content owned by you), in whole or in part.
Yahoo grants you a personal, non-transferable and non-exclusive right and
license to use the object code of our 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.
(19)
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your accessing or use of the service is at your sole risk. The
service is provided on an "as is" and "as available" basis.
We and our licensors, suppliers, vendors, parent, holding, subsidiary and
related companies, affiliates, officers, agents and employees expressly
disclaim 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 and its licensors, suppliers, vendors, parent, holding,
subsidiary and related companies, affiliates, officers, agents and employees
make no warranty that
(i) The service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) The service will be accessible at any time or at all times via the
channel selected or used by you,
(iv) The information, content or advertisements (collectively, the
"materials") contained on, distributed through, or linked, downloaded
or accessed from or through the service, or the results that may be obtained
from the use of the service, will be accurate or reliable,
(v) The quality of any products, services, information, or other items
displayed, purchased or obtained by you through or in connection with the
service ("the products") will meet your expectations
(vi) 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, mobile telephone or other
access device or loss of data that results from the download of any such
material.
d. Any reliance upon or use of any materials shall be at your own
discretion and risk. We reserve the right, in our sole discretion and without
any obligation, to make any improvements to or correct any error or omissions
in any part of the service or materials. The materials are provided or made
available by us on an as - is basis and we expressly disclaim any and all
warranties of merchantability and fitness for a particular purpose, with
respect to any of the materials or the products.
e. No advice or information, whether oral or written, obtained by you
from yahoo or its licensors, suppliers, vendors, parent, holding, subsidiary and
related companies, affiliates, officers, agents and employees or through or
from the service shall create any warranty not expressly stated in the tos.
(20) LIMITATION OF LIABILITY
You expressly understand and agree that we and our licensors, suppliers,
vendors, parent, holding, subsidiary and related companies, affiliates,
officers, agents and employees 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 we or our licensors, suppliers, vendors, parent,
holding, subsidiary or related company, affiliate, officer, agent or employee,
as the case may be, have been advised of the possibility of such damages),
resulting from:
(i) The service, the materials and the products;
(ii) The use or the inability to use the service;
(iii) 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;
(iv)Unauthorized access to or alteration of your transmissions or data;
(v) Statements or conduct of any third party on the service;
(vi) Any goods or services disposed of or messages sent or received
using the service; or
(vii) Any other matter relating to the service, the materials or the
products.
(21) EXCLUSIONS AND LIMITATIONS
You acknowledge that the disclaimers and exclusions of liability set forth in
sections 17 and 18 represent a fair and reasonable allocation of the risks and
benefits of the agreement between you and us, taking all relevant factors into
consideration, including without limitation the value of the consideration
provided by you to us and the availability and costs of insurance with respect
to the said risks. you further agree that these disclaimers and limitations
shall be enforceable to the fullest extent permitted by applicable law.
(22)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 19 and
20 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! and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions
based on such information.
(23) 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.
(24) 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. You agree that
such notices by email or regular mail, and such display of notices or links to
notices to you generally on the Service, will constitute sufficient and
adequate notice to you of the matters contained therein.
(25) TRADEMARK INFORMATION
The Yahoo!, Yahoo! logo, Yahoo! (in chinese characters), Yahooligans!,
Yahooligans! logo, Yahoo! kids, Yahoo! kids logo, jumpin' y guy logo, do you
Yahoo!?, Y!, Y! logo, my Yahoo!, Y! and star logo, Yahoo! yodel, Yahoo!
everywhere, Yahoo! groups, Yahoo! mail outpost, Yahoo! vision, eyeballs logo,
12 days of giving, 1800my Yahoo, accentric, better jobs for a better life,
bingo, broadcast.com, camp Yahoo!, corporate Yahoo!, cyberset, egroups, fantasy
careers, for all that surfing you need the right board, fortified with Yahoo!,
futurebuilder, gameprowler, gameprowler logo, geocities, geocities logo,
geocities (in chinese characters), get local, hexagon design, hope for the
holidays, hotjobs, how do you move your money?, human coupon, imvironments,
inktomi, internet at the speed of you, involvement branding, ipo row, jt's
blocks, living room active, matchcast, naval command, permission marketing,
personal edge, personal notes hosted by dave koz, reslex, resumix, rocketmail,
safety shield, scaling the internet, shopfind, softshoe, sportstream and
design, star design, stattracker, the big picture, the experienced
professional's job board, the original texas Ya-hoo cake co. and design, the
web's hottest jobs, toki toki boom, traffic controller, traffic server, turn it
on, valuelab, vivasmart, web corps, web corps logo, word racer, wordaholic,
workworld, www.hotjobs.com, yef, and your home on the web 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.
(26) NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
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:
Yahoo!'s Copyright Agent for Notice of claims
of copyright infringement can be reached as follows:
By mail:
Copyright Agent
Yahoo India Pvt Ltd
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
Phone: +91 22 3308 9600
Fax: +91 22 3308 9700
(27) RIGHTS OF THIRD PARTIES
You acknowledge that our licensors, suppliers, vendors, parent, holding,
subsidiary and related companies, all affiliates, and our officers, agents and
employees, are, where applicable, intended to be third party beneficiaries of
Sections 6, 9, 17, 18 and 19. You also acknowledge that our co-branders and
other partners are intended to be third party beneficiaries of Section 9. You
agree that our licensors, suppliers, vendors, our parent, holding, subsidiary
and related companies, all affiliates, our officers, agents and employees, and
our co-branders and other partners may each enforce, severally and in its own
right, the provisions of Sections 6, 9, 17, 18 and 19 as applicable, to the extent
and in the manner set out or envisaged in the foregoing but to no further
extent and in no other manner.
(28) GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you
and Yahoo and govern your use of the Service, superseding any prior
understandings and agreements between you and us and any previous statements or
representations from either party to the other party. The TOS do not apply to
any affiliate services, third-party content or third-party software that does not
or cannot reasonably be deemed to form part of the Service which may be
provided to you by our licensors, suppliers, vendors, parent, holding,
subsidiary or related companies, other affiliates or other third parties, which
may be subject to additional terms and conditions imposed by that party. 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.
Governing Law and Jurisdiction. The TOS and the relationship between you
and Yahoo shall be governed by the laws of the Republic of India
without regard to its conflict of law provisions. You and Yahoo agree to submit
to the personal and exclusive jurisdiction of the courts located at Mumbai, India.
Waiver and Severability of Terms. 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.
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
within your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents therein
permanently deleted.
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 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.
(29) VIOLATIONS
Please report any violations of the TOS to our Customer Care
group.
