Yahoo! Messenger One Terms of Service

1. ACCEPTANCE OF TERMS
   Welcome to Yahoo! Messenger One. Yahoo! provides the Yahoo! Messenger One Service (described below) to you subject to these Additional Terms which supplement the Yahoo! Terms of Service ("TOS"), incorporated by reference. These Additional Terms may be updated by us from time to time without notice to you. You can review the most current version of these Additional Terms at any time at the relevant URL set out in Section 16 below. In these Additional Terms, “Yahoo!” means the applicable entity in the Yahoo! group of companies set forth in Section 16 below. By accessing, using and continuing to use the Yahoo! Messenger One Service and installing any Software (defined in Section 8 below) in the process, you accept and agree to be bound by the terms and provisions of these Additional Terms and represent and warrant that you are permitted to do so under applicable law. In addition, you and Yahoo! shall be subject to any posted guidelines or rules applicable to the Yahoo! Messenger One Service, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. In the event and to the extent of any inconsistency between these Additional Terms and the TOS, these Additional Terms shall control. Where capitalised terms used in these Additional Terms are not defined in these Additional Terms, they have the same meaning as in the TOS.
   PLEASE REFER TO SECTION 16 BELOW TO DETERMINE THE ENTITY YOU ARE ENTERING INTO THIS TOS WITH, THE CHOICE OF LAW THAT GOVERNS THIS TOS, THE LOCATION FOR RESOLVING DISPUTES (IF ANY) AND OTHER IMPORTANT LOCAL REGION PROVISIONS.

2. DESCRIPTION OF THE YAHOO! MESSENGER ONE SERVICE
   The Software provides users with access to a rich collection of resources, including, without limitation, various communications services, such as Yahoo! Messenger and Yahoo! Mail, and content and branded programming (such access being the "Yahoo! Messenger One Service"). For the purposes of the TOS, the Yahoo! Messenger One Service and the Software are deemed to be Yahoo! Services. You also understand and agree that the Yahoo! Messenger One Service may include advertisements and that these advertisements are necessary for Yahoo! to provide the Yahoo! Messenger One Service. You also understand and agree that the Yahoo! Messenger One Service may include certain communications from Yahoo!, such as service announcements, administrative messages and the Yahoo! Newsletter, and that you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Yahoo! Messenger One Service shall be subject to these Additional Terms. You are responsible for obtaining access to the Yahoo! Messenger One Service, for all equipment required to gain such access and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
   You understand that the technical processing and transmission of the Yahoo! Messenger One 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.
   Yahoo! Messenger allows you to see when your friends are online, and send and receive instant messages. Yahoo! Messenger, including any web-based versions, will also 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. If you have not previously provided such consent, your agreement to these Additional Terms constitutes your consent to allow Yahoo! to store these communications on its servers.
   The Yahoo! Messenger One Service allows you to use different methods of communicating and sending and receiving messages, including via Yahoo! Messenger, Yahoo! Mail, SMS and voice call.
   By using the Yahoo! Messenger One Service, you acknowledge that other users of Yahoo! services (including Yahoo! Messenger) may elect to receive a notification from the Yahoo! service when you sign on and may send you instant messages and other information via the Yahoo! service. 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" feature in Yahoo! Messenger 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 Yahoo! Messenger One Service. By using the Yahoo! Messenger One Service, 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 Yahoo! Messenger One Service.

3. DIFFERENT VERSIONS OF YAHOO! MESSENGER AND OTHER YAHOO! AUTHORIZED IM 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 an authorized non-Yahoo! company.

4. INDEMNITY
   You agree to indemnify and hold Yahoo! and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Yahoo! Messenger One Service, your use of the Yahoo! Messenger One Service, your connection to the Yahoo! Messenger One Service, your violation of these Additional Terms, or your violation of any rights of another.

5. NO COMMERCIAL REUSE OF YAHOO! MESSENGER ONE SERVICE

   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 Yahoo! Messenger One Service (including Content, advertisements, Software and your Yahoo! ID).

6. MODIFICATIONS TO YAHOO! MESSENGER ONE SERVICE
   Yahoo! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Yahoo! Messenger One Service or the Software (or any part of either) 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 Yahoo! Messenger One Service or the Software (or any part of either). Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Messenger One Service or the Software without notice or liability.

7. REMOVAL
   To remove the Software, follow the standard instructions from the device manufacturer for removing third party applications from your mobile device. Once you have removed the Software, you will cease to have the ability to use the Yahoo! Messenger One Service.

8. YAHOO!'S PROPRIETARY RIGHTS
   You acknowledge and agree that the Yahoo! Messenger One Service and any necessary software used in connection with the Yahoo! Messenger One 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 advertisements or information presented to you through the Yahoo! Messenger One Service 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 authorized 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 Yahoo! Messenger One Service, such Content or the Software, in whole or in part. Yahoo! and Yahoo!'s licensors own all rights, title, and interest in and to their applicable contributions to the Yahoo! Messenger One Service and the Software. These Additional Terms grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including, without limitation, the Yahoo! Messenger One Service, the Software 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.
   Yahoo! grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single compatible mobile or other device, in accordance with these Additional Terms; provided that you do not (and do not allow any third party to) copy, modify, rent, lease, loan, distribute, create a derivative work from, reverse engineer, decompile, reverse assemble, disassemble, or otherwise attempt to discover any source code, source code protocols (including API protocols), 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, nor to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Yahoo! Messenger One Service or for any other purpose. You agree not to access the Yahoo! Messenger One Service by any means other than through the interface that is provided by Yahoo! for use in accessing the Yahoo! Messenger One Service.

9. DISCLAIMER OF WARRANTIES
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
   1. YOUR USE OF THE YAHOO! MESSENGER ONE SERVICE AND THE SOFTWARE ARE AT YOUR SOLE RISK. THE YAHOO! MESSENGER ONE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE 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 YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

   3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE 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 YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE ADDITIONAL TERMS.

   5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE YAHOO! MESSENGER ONE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE YAHOO! SERVICE. IMMEDIATELY DISCONTINUE USE OF THE YAHOO! MESSENGER ONE SERVICE AND THE SOFTWARE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
   Unless explicitly stated otherwise, any new features that augment or enhance the current Yahoo! Messenger One Service and/or the Software shall be subject to these Additional Terms. You understand and agree that the Yahoo! Messenger One Service and the Software are 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. You also understand that Yahoo! is not responsible for the security or privacy of communications sent via the Yahoo! Messenger One Service and/or the Software. These disclaimers are in addition to the above paragraphs in this section.
   Any required or optional equipment that you use to use, access, or augment the Yahoo! Messenger One Service or the Software, 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, and Yahoo! makes no warranties or representations whatsoever regarding such equipment. Please refer to the materials you received when you purchased the equipment 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 AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO SUCH EQUIPMENT, 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.

10. 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 YAHOO! MESSENGER ONE SERVICE OR THE SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE YAHOO! MESSENGER ONE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE YAHOO! MESSENGER ONE SERVICE AND/OR THE SOFTWARE.

11. 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 9 AND 10 MAY NOT APPLY TO YOU.

12. NO THIRD-PARTY BENEFICIARIES
    You agree that, except as otherwise expressly provided in these Additional Terms, there shall be no third-party beneficiaries to this agreement.

13. NOTICE
    Yahoo! may provide you with notices (e.g., changes to these Additional Terms) by a variety of methods including, without limitation, email, regular mail, SMS, MMS, text message, notifications on the Yahoo! Messenger One Service, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Additional Terms by accessing the Yahoo! Services in an unauthorized manner. Your agreement to these Additional Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Yahoo! Messenger One Service in an authorized manner.

14. GENERAL INFORMATION
    Entire Agreement. These Additional Terms (as they incorporate the TOS) constitute the entire agreement between you and Yahoo! and governs your use of the Yahoo! Messenger One Service and the Software, superseding any prior version of these Additional Terms between you and Yahoo! with respect to the Yahoo! Messenger One Service and the Software. 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.
    Waiver and Severability of Terms. The failure of Yahoo! to exercise or enforce any right or provision of these Additional Terms shall not constitute a waiver of such right or provision. The provisions of these Additional Terms are severable in that if any provision or part of a provision are 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 these Additional Terms 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 Yahoo! Messenger One Service, the Software or these Additional Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    The section titles in these Additional Terms are for convenience only and have no legal or contractual effect.

15. VIOLATIONS
    Please report any violations of these Additional Terms to our Customer Care group at the relevant URL set out in Section 16 below.

16. CONTRACTING PARTY, CHOICE OF LAW, LOCATION FOR RESOLVING DISPUTES & OTHER LOCAL REGION PROVISIONS
    These Additional Terms is between you and the Yahoo! company from which you obtained your Yahoo! Mail account. In the subsections below, find the Yahoo! company from which you obtained your Yahoo! Mail account, and in that subsection you will find the Yahoo! company that you are contracting with, the choice of law, the location for resolving disputes with the relevant Yahoo! company, the URL where you can review the most current version of these Additional Terms and other important provisions. Please note that your use of the Yahoo! Messenger One Service, the Software, Yahoo! Mail and Yahoo! Messenger may be subject to the laws applicable to the Yahoo! company from which you obtained your Yahoo! Mail account as set forth below.

    REGION: The Americas

    United States. If you obtained your Yahoo! Mail account from a Yahoo!, Inc. U.S. based web site (such as www.yahoo.com or espanol.yahoo.com), then you obtained your Yahoo! Mail account from and are contracting with Yahoo!, Inc., 701 First Avenue, Sunnyvale, CA 94089, and California state law governs the interpretation of this contract and applies to all claims related to it, regardless of conflict of laws principles. You and we 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 contract. If applicable, all Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial rights and restrictions described herein. If the Yahoo! Messenger One Service, the Software and related documentation are supplied to or purchased by or on behalf of the United States Government, if applicable, then the Yahoo! Messenger One Service and the Software 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 these Additional Terms 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 organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. In the event and to the extent that the Yahoo! Messenger One Service and the Software incorporates built-in voice functionality (excluding, for the sake of clarity, the ability to make calls using the native voice functionality in your mobile device), you acknowledge and understand that (i) Yahoo! does NOT currently allow you to access any 911 or similar emergency services (no traditional 911, E911, or similar access to emergency services), (ii) you should always have an alternative means of accessing 911 or similar emergency services, (iii) you should inform others who use your Yahoo! Messenger One Service and devices used to access the Yahoo! Messenger One Service that they must access these numbers through a traditional landline or mobile phone, and (iv) Yahoo! Messenger is not intended to replace your primary phone service, such as a traditional landline or mobile phone. You can review the most current version of the TOS, the Privacy Policy and these Additional Terms at any time, and you can report violations of these Additional Terms to our Customer Care group, at:

    • TOS: http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html
    • Privacy Policy: http://info.yahoo.com/privacy/us/yahoo/
    • Additional Terms: http://info.yahoo.com/legal/us/yahoo/atos/messengeroneatos.html
    • Customer Care: http://help.yahoo.com/l/us/yahoo/abuse/

    REGION: Asia Pacific

    Singapore and Indonesia: If you obtained your Yahoo! Mail account from a Yahoo! Singapore, Yahoo! Indonesia or Yahoo! Asia site, then you obtained your Yahoo! Mail account from and are contracting with Yahoo! Southeast Asia Pte. Ltd. (of 6 Temasek Boulevard #08-00 Suntec Tower Four Singapore 038986), and the laws of Singapore govern not only the interpretation of this contract 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 we irrevocably consent to the non-exclusive jurisdiction and venue of the courts of Singapore for all disputes arising out of or relating to this contract. The following additional provisions also apply to you:

    1. In the event and to the extent that the Yahoo! Messenger One Service and the Software incorporates built-in voice functionality (excluding, for the sake of clarity, the ability to make calls using the native voice functionality in your mobile device), you acknowledge and understand that (i) Yahoo! does NOT currently allow you to access any emergency services (such as 999, 995 and 1777 in Singapore), (ii) you should always have an alternative means of accessing emergency services, (iii) you should inform others who use your Yahoo! Messenger One Service and devices used to access the Yahoo! Messenger One Service that they must access these numbers through a traditional landline or mobile phone, and (iv) Yahoo! Messenger is not intended to replace your primary phone service, such as a traditional landline or mobile phone.

    2. You can review the most current version of this TOS at any time at: http://info.yahoo.com/legal/sg/yahoo/utos/details.html for Yahoo! Singapore, http://info.yahoo.com/legal/ide/yahoo/utos/details.html (English) and http://info.yahoo.com/legal/id/yahoo/utos/details.html (Bahasa Indonesia) for Yahoo! Indonesia, and http://info.yahoo.com/legal/aa/yahoo/utos/details.html for Yahoo! Asia.

    3. You can see the most current version of our full privacy policy at http://info.yahoo.com/privacy/sg/yahoo/details.html for Yahoo! Singapore, http://info.yahoo.com/privacy/ide/yahoo/details.html] (English) and http://info.yahoo.com/privacy/id/yahoo/details.html (Bahasa Indonesia) for Yahoo! Indonesia, and http://info.yahoo.com/privacy/asia/yahoo/details.html for Yahoo! Asia.

    4. You can see the most current version of these Additional Terms at http://info.yahoo.com/legal/sg/yahoo/atos/messengeroneatos.html for Yahoo! Singapore, http://info.yahoo.com/legal/ide/yahoo/atos/messengeroneatos.html (English) and http://info.yahoo.com/legal/id/yahoo/atos/messengeroneatos.html (Bahasa Indonesia) for Yahoo! Indonesia, and http://info.yahoo.com/legal/aa/yahoo/atos/messengeroneatos.html for Yahoo! Asia.

    5. You can report violations of these Additional Terms to our Customer Care group at http://help.yahoo.com/l/sg/yahoo/abuse/abuse.html for Yahoo! Singapore, http://help.yahoo.com/l/id/yahoo/messenger/messengerone/abuse.html (Bahasa Indonesia) for Yahoo! Indonesia, and http://help.yahoo.com/l/sg/yahoo/abuse/abuse.html for Yahoo! Asia.

    6. 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.