Yahoo! Messenger

Terms of Service

    1. ACCEPTANCE OF TERMS

    Welcome to Yahoo! Messenger. Yahoo! UK Ltd ("Yahoo!") provides this service to you, subject to the following licence terms, which incorporates by reference the Yahoo! Terms of Service ("TOS") each which we may update when necessary without notifying you (collectively this "Licence"). You can review the most current version of this Licence and the TOS at any time at http://uk.docs.yahoo.com/msgr_terms.html and http://uk.docs.yahoo.com/info/terms.html. If you are in a jurisdiction where download or use of this software or service is prohibited, click "cancel" and do not download or use this software.

By checking the box and clicking the "NEXT" button to download Yahoo! Messenger, and by using and continuing to use Yahoo! Messenger, you agree to be bound by this Licence which includes the TOS, and you represent and warrant that you are permitted to do so under applicable law.

    2. NO 999 OR EMERGENCY SERVICE

    You acknowledge and understand that Yahoo! does NOT provide access to any 999 or other emergency services. You should always have an alternative means of accessing 999 or other emergency services.

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

    Not all features may be available if the user that you are communicating with is using a different version of Yahoo! Messenger, or is using an Instant Messenger software client offered by an authorised non-Yahoo! company.

    4. DESCRIPTION OF SERVICE

    Yahoo! Messenger and any Yahoo! or third party software, protocols (including but not limited to API protocols) (the "Software"), and services, content or materials used that are authorised by Yahoo! (collectively, the "Service") provide users with the capability to see when their friends are online, send and receive instant messages, make internet and pc-to-phone calls, listen to music, play games, receive alerts, and other material and information via the World Wide Web. Where the TOS references the defined term "Service", such terms in the TOS will also apply to the Software and services defined to be the "Service" under this Licence.

From time to time, Yahoo! may automatically download the latest version of the Software and notify you when it’s ready to install. Download of the latest version of the Software may be limited by your ISP. Visit the Yahoo! Messenger module of the Privacy Policy at http://privacy.yahoo.com/privacy/uk/mesg/details.html to find out more about automatic downloads. If you wish to update your Software, you must agree to the then current Licence, which includes the TOS, in order for the update to be installed on your computer.

By registering and using Messenger, you acknowledge that other users of the Service may elect to receive a notification from the Service when you sign on and may send you instant messages and other information via the Service. If you desire to block the notification feature of the Service sent to other users or if you don't want to receive messages from such users, you can enable the "Ignore" feature of the Service. The "Ignore" feature allows you to create a list of users you wish to block that you can review and edit from time to time. 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 Service. By using the Service, you agree that Yahoo! has no responsibility for assessing or resolving any disputes arising from a user's ability to ignore, send messages or otherwise use the Service.

    5. FEES AND PAYMENTS

    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, we will give you prior notice of such charges.

    6. EQUIPMENT REQUIRED AND OPTIONAL

    In order to use the Service and those services and products within the Service (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. In addition, you must provide all equipment necessary to make such connection to the World Wide Web or enable internet telephony and pc-to-phone calling, including computers, modems, mobile devices, microphones, headsets, and handsets.

You may also use optional equipment to access the Service (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 required or optional equipment that you use to use or access the Service, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of the 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.

    7. LICENCE

    The Service (which includes the Software) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

YOU MAY install and personally use the Software and any updates provided by Yahoo! (in its sole discretion) in object code form on a personal computer owned or controlled by you, and are only permitted to access the Service through the Software, only as authorised in this Licence. You may use the Software and access the Service for your own noncommercial use or benefit.

    8. RESTRICTIONS ON USE

    YOU MAY NOT, and will not allow any third party to, except to the extent and in the circumstances expressly required to be permitted by Yahoo! by law:

(a) copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from the Software or any portion thereof, or otherwise attempt to discover, any source code or protocols (including but no limited to API protocols) in the Service;

(b) obtain or attempt to obtain unauthorised access to the Service or the Yahoo! network;

(c) incorporate the Software, or any portion thereof, into any computer chip or hardware manufactured or distributed by or for you;

(d) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Licence;

(e) use the Service to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo! is not responsible;

(f) sell, lease, loan, distribute, transfer, or sublicense the Service or access thereto or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission.

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 you live in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, you may not enter into this Licence and you may not download, install or use the Service. By entering into this Licence, you explicitly state that you have verified in your own jurisdiction that your use of the Service is allowed.

If you live in a jurisdiction that restricts the use of internet based applications if you are below a certain age, or which restricts the ability to enter into agreements such as this Licence if you are below a certain age, then if you are under such age limit, you may not enter into this Licence and you may not download, install or use the Service.

    9. SOFTWARE AND SERVICE PROVIDED AS-IS

    Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this Licence. You understand and agree that the Service is provided "AS-IS" and that Yahoo! is not responsible for the timeliness, deletion, mis-delivery 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 Service, including but not limited to where the Service is being accessed via wireless devices or other equipment used to access the Service. These disclaimers are in addition to the "Disclaimer of Warranties" section in the TOS.

Any third party plug-ins applications that you use with the Service 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, is legal or appropriate.

Any required or optional equipment, or third party plug-in applications, that you use to use, or access, or augment the Service, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of the equipment, and Yahoo! makes no warranties or representations whatsoever regarding such equipment or third party plug-in application. Please refer to the materials you received when you purchased the equipment or downloaded the plug-in application to understand your rights and obligations, including what warranties and disclaimers apply to you.

Nothing in this Licence or the TOS 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.

    10. MEMBER ACCOUNT, PASSWORD AND SECURITY

    If you don't already have a YahooID and password, you will be prompted to complete the Yahoo! 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 unauthorised 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. If authorised by Yahoo!, the Service may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that: (i) your use of the Service is subject to this Licence and the terms governing the use of other instant messaging products you have agreed to, if any, that are consistent with this Licence; and (ii) users of other instant messaging products are subject to the terms governing such other instant messaging products. Yahoo! is not responsible for the conduct or content of messages sent by users of other instant messaging products.

    11. YAHOO! PRIVACY POLICY

    Your registration data and other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://privacy.yahoo.com/privacy/uk/mesg/index.html.

    12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

    Recognizing the global nature of the Internet, you agree to comply with all applicable rules regarding use of the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and without limitation to the generality of the foregoing acknowledge and agree that the Service may not be used, acquired, shipped, transported, exported, or reexported: (1) into (or to a national or resident of) any U.S. embargoed country; (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders; or (3) to any country embargoed or otherwise restricted in terms of export in the country in which you reside. You will not use, export, re-export or download the Service, or any part thereof, or any process or service that is the direct product of the Service to any country, person or entity subject to export control regulations of any jurisdiction to which you or the Service are subject including without limitation U.S. export restrictions. By using the Service, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

    13. TERMINATION

    Your licence to the Software and to access the Service continues until it is terminated by either of us. You may terminate this Licence by discontinuing use of any of the Software and by destroying all your copies of the applicable Software.

You further agree that Yahoo! may, under certain circumstances and without prior notice to you, immediately terminate your Yahoo! account, any associated email address, and access to the Service or the Yahoo! network. Cause for such termination will include, but not be limited to: (a) breaches or violations of this Licence, the TOS, or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self- initiated account deletions); (d) discontinuance or material modification to the Service (or any part of it); (e) unexpected technical or security issues or problems; and (f) extended periods of inactivity. Termination of your Yahoo! account includes: (a) removal of access to all offerings within or integrated with the Service, including but not limited to internet calls, Yahoo! Mail, Address Book, Photos, Groups, Chat, Y! Music Launchcast, Personals, Weather, Finance, Message Boards, Greetings, Alerts and Games; (b) deletion of your password and all related information, files and content associated with or inside your account (or any part of it); and (c) barring further use of the Service. Further, you agree that all terminations for cause will be made in Yahoo!'s sole discretion and that Yahoo! will not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

    14. NOTICE

    Yahoo! may provide you with notices, including those regarding changes to this Licence, by either email, regular mail, or postings on the Service.

    15. GENERAL INFORMATION

    Entire Agreement. This Licence, which includes the TOS, constitutes the entire agreement between you and Yahoo! and governs your use of the Service, superseding any prior agreements, communications, and (unless made fraudulently) representations, both oral and written, regarding the Service, between you and Yahoo!. With respect to your use of other authorised Yahoo! services, affiliate services, affiliate devices or equipment, third-party content, or third-party software, you also may be subject to additional terms and conditions.

In the event of any conflict between the terms and conditions of this Licence and those in the TOS, the terms and conditions of this Licence will control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.

Choice of Law and Forum. This Licence and the relationship between you and Yahoo! shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the English courts.

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

No Right of Survivorship and Non-Transferability. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! I.D. 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 this Licence, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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

    16. VIOLATIONS

    Please report any violations of this Licence or TOS to our Customer Care group.

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