IN ORDER TO USE THE YAHOO! TV WIDGET SYSTEM SOFTWARE AND YAHOO SERVICES, YOU MUST AGREE TO THESE TERMS OF SERVICE BY CLICKING ON THE “I ACCEPT” BUTTON. IF YOU DISAGREE WITH THESE TERMS OF SERVICE, YOU ARE NOT GRANTED A LICENSE TO USE THE YAHOO! TV WIDGET SYSTEM; YOU SHOULD CLICK ON THE “I DO NOT ACCEPT” BUTTON TO EXIT.
a. Welcome to the Yahoo! TV Widget System. The “Yahoo! TV Widget System” means the collective Internet System software and services provided by Yahoo! that enables you to view, browse, download and use individual software applications (“TV Widgets”) to your Internet-enabled television (or other Internet-enabled device) (“Internet Device”). The Yahoo! TV Widget System is composed of the Yahoo! TV Widget Engine and the Yahoo! TV Widget Gallery Service, as explained below. TV Widgets can do many things, such as deliver Internet services and content to you, allow you to personalize such services and content, and enable you to communicate with companies and individuals via your Internet Device.
b. These Yahoo! TV Widget System Terms of Service are the legal agreement (“Agreement”) between you, and Yahoo! Sàrl, ZA La Pièce No 4, Route de l'Etraz, 1180 Rolle, Switzerland
(“Yahoo”), governing your use of the Yahoo! TV Widget System and any TV Widgets that are developed by Yahoo (“Yahoo! TV Widgets”). Yahoo can be contacted at the postal address set out above and may also be contacted at the email address set forth at http://connectedtv.yahoo.com/help. One of the great features of the Yahoo! TV Widget System is that you will be able to access TV Widgets created by companies, organizations, groups, and individuals who are not Yahoo (“Third Party(ies)”). Your use of TV Widgets developed, created, and maintained by such Third Parties (“Third Party Widgets”) is not governed by this Agreement, but is instead governed by those Third Parties’ terms and conditions, privacy policies, and/or guidelines which will be notified to you when you elect to use such Third Party Widgets.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER OR TELEVISION SCREEN OR WHILE USING YAHOO SERVICES, YAHOO! TV WIDGET ENGINE, THE YAHOO! TV WIDGET GALLERY SERVICE, OR THIRD PARTY WIDGETS DESCRIBED IN CLAUSE 3. 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, HAS AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING YAHOO SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
c. After the initial set-up of your Internet Device, you will be able to view this Agreement in the Profile Widget for future reference. You should check the Profile Widget regularly for updates because Yahoo may update and change this Agreement at any time by posting a new version of the Agreement there. Such changes may, for example, be because of changes to the law or relevant regulation or because Yahoo changes the way it supplies the Yahoo! TV Widget System and any TV Widgets generally. If you choose to use the Yahoo! TV Widget System after such change, it means you agree to such changes.
(ii) The Spam Policy
2. Yahoo! Software
Yahoo provides to you under this Agreement (a) the Yahoo! TV Widget Engine software, including software, documentation, files, and related materials, enabling you to view, browse, download, remove, manage, and otherwise use TV Widgets (“Yahoo! TV Widget Engine Software”), and (b) Yahoo! TV Widgets. Yahoo! TV Widget Software and Yahoo! TV Widgets are referred to collectively in this Agreement as “Software”. While the Software may come pre-loaded, you may also install the Software at a later date if it has not been pre-loaded onto your Internet Device. The Software includes any copies of the Software made by or for you, any new or different Yahoo! TV Widgets made available to you by Yahoo, and any maintenance updates, modifications, substitutions, or future versions (and any documentation and files related thereto) with which Yahoo may update the Yahoo! TV Widgets or Yahoo! TV Widget Engine Software from time to time. The Software is designed for consumer, personal use only.
The Software may, subject to the following, only be used in the country that you have selected from the drop down-menu presented to you upon first running the Software (“Licensed Country”). This is because different terms and conditions are applicable in different countries. If you move countries, you should reset the factory settings of the Software (in the ‘settings’ option) and then re-select the country in which you will be using the Software – such re-selected country will then be considered the Licensed Country.
a. Yahoo licenses the Software to you on a non-exclusive, non-sublicenseable, non-assignable basis to:
(i) Install and personally use the Software in object code form on one personal Internet Device owned or controlled by you; and
(ii) Allow others to use the same copy of the Software, but regardless of whether or not authorized by you, you are responsible for ensuring that any and all uses of the Software comply with this Agreement and all applicable laws.
b. Yahoo does not give you permission to, and you may not:
(i) use this Software in any country that is not the Licensed Country; (ii) Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from the Software or any portion thereof, or attempt to discover any source code, protocols or other trade secrets in the Software, except to the minimum extent permitted by law;
(iii) Interfere with or disrupt Yahoo! computer networks, websites, or services connected with or accessed by the Software;
(iv) Incorporate the Software into more than one Internet Device, or one that is not your personal device;
(v) Sell, lease, loan, distribute, transfer or sublicense the Software or access thereto or derive income or other commercial gain from the foregoing actions, without Yahoo!'s prior, express, written permission;
(vi) Use the Software in connection with acts of terrorism or violence, life support or other mission critical applications where human life or property may be at stake;
(vii) Remove or alter any trademark, logo, copyright, or other proprietary notices or symbols in the Software; and
(viii) Otherwise use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this License
c. From time to time, the Software may automatically check for updates, download the latest version, and notify you when it’s ready to install. Yahoo at its sole discretion may designate certain updates as critical if Yahoo deems such updates necessary for the integrity, security, and proper functioning of the Software. If you do not accept and install critical updates, Yahoo! reserves the right to terminate your license and access to the Software;
d. You are responsible for all software, hardware, and services which are provided by a third party and not by Yahoo (“Third Party Components”). Any Third Party Components (whether required or optional) that you use in conjunction with the Software, are the sole responsibility of you and such Third Party, and are subject to the terms, conditions, policies, warranties and disclaimers provided by such Third Party.
e. Yahoo offers no technical or maintenance support for the Software. Yahoo offers upgrades or updates to the Software in its sole discretion. Yahoo may change, suspend or discontinue any aspect of the Software at any time without notice to you;.
3. Third Party Widgets
You understand that the content and behavior of Third Party Widgets is not Yahoo’s responsibility, and that you should use caution when downloading Third Party Widgets. Your access and use of Third Party content and services via a Third Party Widget is governed by the terms and conditions, policies, and guidelines of the owner of such Third Party Widget, content, or services.
4. Yahoo! Services
The Yahoo! Gallery Service is a Yahoo service for developers and users. Third Party developers may submit TV Widgets to the Yahoo! Gallery Service, where you can browse, view Snippets (previews of TV Widgets), and choose TV Widgets to download. As mentioned above, Third Party Widgets are the sole responsibility of you and the Third Party developer, and you should only download Third Party Widgets with which you agree (to their terms of service, privacy policies, or guidelines), and that you trust.
The Yahoo! Gallery Service also contains Yahoo! TV Widgets. Each Yahoo! TV Widget brings to you particular services provided by Yahoo or its suppliers (e.g., Yahoo! News, Yahoo! Sports, Flickr, etc.). In this Agreement, the Yahoo! Gallery Service and Yahoo! services delivered to you by Yahoo! TV Widgets are referred to collectively as “Yahoo Services”. Your use of the Yahoo! Gallery Service is governed by this Agreement.
Your use of any other Yahoo Service via a Yahoo! TV Widget is also subject to this Agreement, but may also be subject to any alternative or additional terms and conditions that may apply to such Yahoo Service. In particular, please note the following with respect to the Flickr service. If you are using Flickr without signing in with a Yahoo! ID, then your use of Flickr is subject to the U.S. terms of service at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html, and Flickr is being delivered to you by Yahoo! Inc., a U.S. entity. However, if you have signed in to use Flickr with your Yahoo! ID, then your use of Flickr is subject to the terms of service (including any additional terms of service for the Pro level of Flickr service) applicable to your Flickr account created with that Yahoo! ID. If you sign into any Yahoo Service via a Yahoo! Widget with your Yahoo! ID, then your use of the Yahoo Service is subject to the terms of service applicable to the account created in that Yahoo Service with your Yahoo! ID.
a. When using Yahoo Services, you agree to abide by any guidelines or rules, posted from time to time, that apply to the relevant Yahoo Service. All such guidelines or rules are hereby incorporated by reference into this Agreement.
b. You understand and agree that:
(i) advertisements within Yahoo Services are necessary in order for Yahoo to provide Yahoo Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Yahoo Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Yahoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Yahoo Services.
(ii) Yahoo Services may include certain communications that are a requirement of using Yahoo Services, such as service announcements, administrative messages, and Yahoo newsletters. Unless explicitly stated otherwise, any new features that augment or enhance a current Yahoo Service, or release of a new Yahoo Service, shall be subject to this Agreement. You are responsible for obtaining access to any Yahoo Service, including any hardware or equipment, and you understand that access may involve third party fees (such as Internet service provider charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
(iii) Yahoo has created Yahoo Services or certain areas within Yahoo Services that may contain adult or mature content, for which you must be at least 18 years of age to access and view such areas.
(iv) In consideration of your use of a Yahoo Service, you represent that (a) you are of legal age to form a binding contract and are not a person barred from receiving services under applicable law; (b) where you decide to provide information about yourself to Yahoo!, you shall provide true, accurate, current and complete information (the "Registration Data") and (c) 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 profile or account and to refuse any and all current or future use by you of the Yahoo Service (or any portion thereof).
(v) Yahoo is concerned about the safety and privacy of all its users, particularly children. Please remember that Yahoo Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Yahoo Services and content delivered therein are appropriate for your child.
(vi) all information, code, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, publicly or privately posted, uploaded, emailed, linked to, or otherwise transmitted by you or Third Parties ("Content"), are the sole responsibility of you, or such Third Parties, respectively. You understand that by using Yahoo Services or following links on Yahoo Services to Third Party Internet resources and sites, you may be exposed to Content that is offensive, indecent or objectionable. You are solely responsible for evaluating the accuracy, completeness, or usefulness of such Content, and bear all risks associated with such use. Yahoo and its designees shall have the right, but not the obligation, in their sole discretion, to pre-screen, refuse, or remove any Content that is available via Yahoo Services, including without limitation, any Content that violates this Agreement, applicable terms and conditions, policies, guidelines, or applicable law. Yahoo does not control the posting, linking to, and transmission of Content via Yahoo Services, nor Content made available by Third Party internet sites and resources; therefore, Yahoo is not liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind caused or alleged to be caused as a result of your use of any Content posted on Yahoo Services or Content on Third Party Internet resources or sites linked to by Yahoo Services.
(vii) Yahoo! may access, preserve, and disclose your account information and Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Yahoo! or its affiliated companies; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Yahoo!, its users and the public.
5. Content submitted or made available for inclusion in Yahoo Services
Yahoo does not claim ownership of Content you submit or make available for inclusion on Yahoo Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo Services, you grant Yahoo the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Yahoo Services solely for the purposes of providing and promoting the specific Yahoo! Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on Yahoo! Groups and will terminate at the time you remove or Yahoo! removes such Content from Yahoo! Groups.
b. With respect to Content comprised of photos, graphics, audio or video that you submit or make available for inclusion on publicly accessible areas of the Service other than Yahoo! Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Yahoo Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the relevant Yahoo Services and will terminate at the time you remove or Yahoo! removes such Content from the relevant Yahoo Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of Yahoo Services other than Yahoo! Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
6. Conduct on Yahoo Services, Yahoo! network, and the Yahoo! TV Widget System
You may not disrupt, disable, or modify any security components within Yahoo Services or the Software that permits digital materials to be protected, or override or circumvent any of the usage rules, embedded into Yahoo Services or Software, that are designed to prevent unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on Yahoo Services. You agree not to access Yahoo Services by any means other than through the interface that is provided by Yahoo for use in accessing such Yahoo Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, lease, or exploit for your own monetary or commercial gain or benefit, use or access to Yahoo Services, or any portion thereof (including your Yahoo! ID).
You may not use Yahoo Services or the Software to:
a. upload, post, email, transmit or otherwise make available any Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to make available 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); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; or (iv) 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;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. 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;
f. interfere with or disrupt Yahoo Services or Yahoo! servers or networks, or disobey any Yahoo Service requirements, procedures, policies or regulations;
g. violate any applicable local, state, national or international law,:
h. “stalk” or otherwise harass another; and/or
i. collect or store personal data about other users without their consent.
7. Interstate and International Nature of Communications
a. You acknowledge that in using Yahoo Services and the Software to send electronic communications (including but not limited to email, search queries, instant messages, uploading photos and files, and other Internet activities), you will be causing communications to be sent through Yahoo's computer networks, portions of which are located in various states within the United States (including without limitation, California, Texas, and Virginia) and portions of which are 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, you acknowledge that use of Yahoo Services and the Software results in interstate data transmissions.
8. General practices regarding use and storage
a. You acknowledge that Yahoo may establish general practices and limits concerning use of Yahoo Services and the Software, including without limitation, the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the relevant Yahoo Service, the maximum number and size of email messages that may be sent from or received by an account on the relevant Yahoo 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 Yahoo Service in a given period of time. You agree that, unless it is agreed to otherwise by Yahoo, 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 Yahoo Services. 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 modify these general practices and limits from time to time.
b. Some Yahoo Services, such as the Yahoo! Messenger service, will allow you and the people with whom you communicate to save your conversations in your account located on Yahoo! servers. This means you may be able to access and search your message history. Whether or not you use this feature, other users may choose to use it to save conversations with you in their accounts on Yahoo! servers too. By using Yahoo Services which offer server-side storage of communications, you consent to allow Yahoo to store these communications on its servers.
10. Member Account, Password, Profile, and Security
a. You will receive a password and account designation upon completing a Yahoo Service's registration process. Yahoo! TV Widgets and the Yahoo! TV Widget Engine support Yahoo! login, so some Yahoo! TV Widgets can access password-protected data associated with your account, such as your Yahoo! Address Book.
b. You may be prompted when first using the Software to set up an owner profile, which you can secure with a Personal Identification Number (PIN). Your owner PIN allows you to secure and control the ability for other profiles created upon your Internet Device (such as those of minors in your household) to download TV Widgets to the Yahoo! TV Widget Engine.
c. You are responsible for maintaining the confidentiality of your password, account, and PIN, and are fully responsible for all activities that occur under your password, account, or profile. You agree to immediately notify Yahoo of any unauthorized use of your password or account or any other breach of security. Yahoo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
11. Contributions to Yahoo
By submitting ideas, suggestions, documents, code, and/or proposals ("Contributions") to Yahoo through its customer care channels and suggestion/feedback forms, 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 for your Contributions.
12. Yahoo’s Proprietary Rights
You acknowledge and agree that the Yahoo Services, and the Software and any other software provided by Yahoo in connection with such Yahoo Services (collectively "Yahoo Software") contain proprietary and confidential information that is protected by intellectual property and other laws. Except as expressly permitted by law or authorized by Yahoo, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based upon Yahoo Services or Yahoo Software. Yahoo grants you a personal, non-transferable and non-exclusive right and license to use one copy of the object code of Yahoo Software in the Licensed Country; provided that you do not (and do not allow any Third Party to) copy, modify, create a derivative work from, 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 Yahoo Software.
13. Modifications to Service
Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Yahoo Services (or any part thereof) with or without notice . You agree that Yahoo shall not be liable to you or to any Third Party for any modification, suspension or discontinuance of the Service. Even though Yahoo offers the Yahoo! Gallery Service and the Software to you free of charge, Yahoo reserves the right to charge you in the future, upon notice to you, for your use and access of Yahoo Services and Yahoo Software. In such circumstances, if you do not wish to pay for your use and access of the Yahoo Services and Yahoo Software, you will be entitled to terminate this Agreement as described in Section 14.
a. You agree that Yahoo! may, under certain circumstances and without prior notice, immediately terminate your Yahoo! account, any associated email address, and access to all or any of the Yahoo Services and Yahoo Software. Cause for such termination shall include, but not be limited to, (i) breaches or violations of this Agreement and/or any other terms and conditions, guidelines and policies incorporated herein by reference, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Service (or any part thereof) (in which case Yahoo will provide reasonable notice to you), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with Yahoo Services. Further, you agree that all terminations for cause shall be made in Yahoo's sole discretion and that Yahoo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to Yahoo Services.
b. Termination of your Yahoo! account may include (i) removal of access to all Yahoo Services, and (ii) deletion of your password and all related information, files and content associated with or stored in connection with your account (or any part thereof).
c. In the event of termination of this Agreement which is not due to your non-compliance with the terms of this Agreement, you shall be entitled to a refund for any services which you have paid for but have not received.
You agree to indemnify and hold Yahoo and its officers, agents, employees, partners and licensors harmless from all costs, expenses and damages (including reasonable attorneys' fees) arising from any Third Party claim or demand due to or arising out of Content you submit, post, transmit or otherwise make available through Yahoo Services, your use of Yahoo Services, your access and connection to Yahoo Services, your violation of this Agreement, or your violation of any rights of another.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, SUBJECT TO SECTION 18:
A. YOUR USE OF YAHOO SERVICES IS AT YOUR SOLE RISK. YAHOO PROVIDES YAHOO SOFTWARE AND YAHOO SERVICES TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM (I) 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; (II) THAT YAHOO SOFTWARE AND YAHOO SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT RESULTS OBTAINED FROM USE OF YAHOO SOFTWARE AND YAHOO SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YAHOO SOFTWARE OR YAHOO SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE YAHOO SOFTWARE WILL BE CORRECTED.
B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YAHOO SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO, OR THROUGH OR FROM YAHOO SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT, SUBJECT TO SECTION 18, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE YAHOO SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON YAHOO SERVICES AND YAHOO SOFTWARE; OR (IV) ANY OTHER MATTER RELATING TO YAHOO SOFTWARE AND YAHOO SERVICES.
18. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT SEEKS TO LIMIT YAHOO!’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, ANY FRAUDULENT MISREPRESENTATION OR CONCEALMENT BY YAHOO! OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
19. SPECIAL ADMONITION FOR YAHOO SERVICES AND YAHOO SOFTWARE 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 16 and 17 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.
20. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no Third Party beneficiaries to this Agreement, except that any Yahoo Sàrl affiliate or subsidiary that is not a party to this Agreement but which provides any services to you may enforce this Agreement directly against you in relation to those services.
Yahoo may provide you with notices, including those regarding changes to this Agreement, including (subject to the permissions you provide Yahoo regarding the use of your personal information) by but not limited to email, regular mail, SMS, MMS, text messages, postings on Yahoo Services, or other reasonable means now known or hereinafter developed. Your carrier or other access provider may charge you for the receipt of such notices pursuant to your agreement with such providers.
22. Trademark Information
Yahoo! logos and product and service names are trademarks of Yahoo! (the "Yahoo! Marks"). Without Yahoo!'s prior permission, you agree not to display or use in any manner the Yahoo! Marks
23. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
You acknowledge and agree that Content, including advertisements, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Yahoo respects the intellectual property of others, and we ask our users to do the same. Yahoo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe a user of Yahoo Services has violated your copyright(s) or other intellectual property rights, please provide Yahoo's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Yahoo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Yahoo! UK Ltd
125 Shaftesbury Avenue
London WC2H 8AD
24. GENERAL INFORMATION
a. Entire Agreement
This Agreement constitutes the entire agreement between you and Yahoo and governs your use of Yahoo Software and Yahoo Services, superseding any prior agreements between you and Yahoo! with respect to the Service.
b. Choice of Law and Forum
This Agreement and the relationship between you and Yahoo shall be governed by the laws of the England and Wales. You and Yahoo agree to submit to the exclusive jurisdiction of the English courts.
c. Waiver and Severability of Terms
The failure of Yahoo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement’s other provisions shall remain in full force and effect.
d. 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.
e. 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 Yahoo Services or Yahoo Software or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Neither you nor Yahoo! may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, except that Yahoo! shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.
g. The section titles in the Agreement are for convenience only and have no legal or contractual effect.