These Yahoo Application Programming Interface (“API”) Terms and Conditions (“Agreement”) are a binding legal agreement, between Yahoo! Inc. (“Yahoo” or “us”) and you, the entity entering into this Agreement (“you”). This Agreement governs your license and access to Yahoo APIs (individually and collectively, “Yahoo APIs”) and their specifications (“Yahoo API Specifications”) and is binding upon you whether you are acting on your own behalf or are acting on behalf of another entity. If you are acting on behalf of another entity that has been issued Yahoo API Credentials for the Yahoo APIs, you represent that you have the authority to manage and access the account of such party, and to bind such party to this Agreement. You agree to ensure that any agent, representative, employee or other person or entity acting on your behalf in connection with accessing the Yahoo APIs complies with the terms of this Agreement. You understand that you are responsible and liable for the acts and omissions of anyone accessing the Yahoo APIs through your account and/or Yahoo API Credentials, including such person’s or entity’s failure to comply with this Agreement. If a person or entity is accessing the Yahoo APIs on your behalf or otherwise through your account and/or Yahoo API Credentials, “you” or “your” will include any such person or entity.
By using the Yahoo APIs, you are agreeing to the terms of this Agreement. If you disagree with any of the terms in this Agreement, Yahoo does not grant you a license to use the Yahoo APIs. The Yahoo APIs are a feature of Yahoo’s various commercial programs and You acknowledge that any use of the Yahoo APIs in connection with those programs may be subject to additional, separate agreements between you and the applicable Yahoo entity.
To “access” or “use” the “the Yahoo APIs” means any use of the Yahoo APIs including: (i) using the Yahoo APIs to communicate with any Yahoo server or Yahoo commercial account; (ii) any use of the Yahoo API Specifications including any use of the services or data types described within the Yahoo API Specifications; and/or (iii) the use, distribution and/or development of a Yahoo API Client.
“Account Owner” means the owner of record of a Yahoo commercial account.
“Affiliate” of a party means an entity that controls, is controlled by or is under common control with that party, where “control” means the power to direct the management and policies of such entity or ownership of at least fifty percent (50%) of such entity, and includes that entity’s officers, directors, agents, employees, and permitted successors and assigns.
“Authorized Users” means your agents, representatives, contractors, and any person or entity acting or apparently acting on your behalf.
“Yahoo API Client” means any software or application that can access or communicate with Yahoo’s servers using the Yahoo APIs.
“Yahoo API Credentials” means credentials provided to you that enable you to access Yahoo’s servers through a Yahoo API Client.
“API Data” means any data, information, instruction or content which you provide to Yahoo and/or that Yahoo provides to you (or the Account Owner) using the Yahoo APIs.
“Yahoo API Specifications” means all information and documentation Yahoo provides specifying or concerning the Yahoo APIs and any Yahoo-supplied implementations or methods of use of the Yahoo APIs.
At present, there are no fees charged under this Agreement for Yahoo API access and use; however, at a future date, fees may be charged in Yahoo’s sole discretion upon reasonable notice to you. Your refusal to accept and remit such fees will immediately terminate your license to use the Yahoo APIs and Yahoo API Credentials.
(1) No Transfer of Materials. You may not disclose or transfer, in whole or in part, your access to the Yahoo APIs, Yahoo API Specifications or your Yahoo API Credentials to any third party unless such third party: (i) is your agent acting on your behalf; and (ii) has executed a written agreement agreeing to comply with the terms of this Agreement, including protecting Yahoo’s Confidential Information and intellectual property rights to at least the same degree as required by this Agreement. You are fully responsible and liable for any use of your Yahoo API Credentials. You must notify Yahoo immediately if your Yahoo API Credentials are stolen or you believe them to have been compromised in any way.
(2) No Transfer of API Data; Spam. If you are managing and accessing a Yahoo commercial account on behalf of an Account Owner, you may not disclose, sublicense, distribute or otherwise transfer, in whole or in part, any API Data to any third party except to the applicable Account Owner. In addition, (i) neither you nor the Yahoo API Client will collect any information from Account Owners without their express permission; (ii) you will not send or facilitate the sending of unsolicited communications of any type or use Account Owner information to solicit users in any way or facilitate or permit third parties to do so; and (iii) you will not solicit users, or facilitate the solicitation by any third party of users, as a result of their status as Account Owners or Yahoo users.
(4) Yahoo API Clients.
(A) Without limiting any other restrictions set forth in this Agreement, neither you nor the Yahoo API Clients will: (i) use or transfer API Data except as expressly permitted under this Agreement; (ii) collect personally identifiable information from any person without obtaining such person’s express, affirmative and informed consent to do so; (iii) co-mingle any API Data with the data or content of any third party; (iv) interfere or attempt to interfere with the proper workings of the Yahoo APIs or interfere with or attempt to interfere with any monitoring by Yahoo of Yahoo API activity; (v) use any automated means other than the Yahoo APIs, including agents, robots, scripts or spiders, to access, query or otherwise collect Yahoo-related information (including API Data) from Yahoo or any Yahoo partner site; (vi) attempt to bypass or circumvent any Yahoo security measures relating to the Yahoo APIs; (vii) take any action that imposes a strain or burden on Yahoo’s infrastructure, including the Yahoo APIs, as determined by Yahoo in its sole discretion; (viii) use or combine the Yahoo APIs with software offered under an open source license which creates an obligation with respect to the Yahoo APIs contrary to this Agreement, or grant to any third party any rights to, or immunities under, Yahoo’s intellectual property or proprietary rights in the Yahoo APIs; (ix) make available to Yahoo or any Yahoo Affiliate any personally identifiable information of visitors, users, or customers of any website(s) in connection with your access to or use of the Yahoo APIs; (x) reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Yahoo APIs or Yahoo API Specifications, or any aspect or portion thereof, or Yahoo Confidential Information (as defined below), including source code or algorithms; or (xi) otherwise engage in (or cause others to engage in) any practice in connection with your use of the Yahoo APIs that might reasonably be considered to be unlawful, fraudulent, deceptive, unethical, misleading, or harmful to the Yahoo APIs, Yahoo, or any Yahoo product, technology, system, reputation or goodwill.
(B) The Yahoo API Clients will: (i) comply with all applicable laws, rules and regulations and not infringe the intellectual property or any other rights of any third party; (ii) if you are managing and accessing a Yahoo commercial account on behalf of an Account Owner, enable the applicable Account Owner to associate its account(s) with the services and/or functionality you provide via the Yahoo API Client; and (iii) use the most current version of the applicable Yahoo APIs. You will update all Yahoo API Clients within ninety (90) days following the release of a new version of the applicable Yahoo APIs and cease distribution of any Yahoo API Client using the prior version of the applicable Yahoo APIs within such ninety (90) day period. You understand that Yahoo may cease all support of prior versions of the Yahoo APIs at any time.
THE YAHOO! APIS, YAHOO! API CREDENTIALS AND YAHOO! API SPECIFICATIONS ARE MADE AVAILABLE PRIMARILY AS A CONVENIENCE TO YOU AND, AS SUCH, YOU AGREE THAT THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK BETWEEN THE PARTIES.
General. The Marks (defined above) will be used only as explicitly licensed by Yahoo and only under the terms and conditions and for the purposes described in the Agreement. To the extent they may differ with the general terms below, the specific terms of the Agreement shall prevail.
Appearance of Logos. You, as licensee of the Marks, will ensure that the presentation of the Marks will be consistent with Yahoo’s own use the Marks in comparable media. From time to time, Yahoo may provide you with additional written guidelines as to the size, typeface, colors, and other graphic characteristics of the Marks, which upon delivery to you shall be deemed to be incorporated into the Agreement and into these Yahoo Brand Guidelines.
Marking. The Marks will be designated with “SM”, “TM” or “®”, in the manner directed by Yahoo. Your use of the Marks in any promotional materials must include the following notice: “[Insert Mark name here] is/are the trademarks and/or registered trademarks of Yahoo! Inc.”
Restrictions upon Use. The Marks will not be presented or used: a) in a manner that suggests that editorial content has been authored by, or represents the views or opinions of, Yahoo or any Yahoo personnel or Affiliate; b) in a manner that is misleading, defamatory, libelous, obscene, infringing or otherwise objectionable; c) in connection with any material that infringes the trademark, copyright or any other rights of any third party; d) as part of a name of a product or service of a company other than Yahoo; or e) in a manner that infringes, derogates, dilutes, or impairs the rights of Yahoo in the Marks; f) in any manner that implies sponsorship or endorsement by Yahoo or its Affiliates of services and products other than those provided by Yahoo or its Affiliates. Yahoo shall have complete discretion to evaluate your use and to decide whether that use violates any of the foregoing restrictions.
Request For Approval to Use Yahoo Marks
Print this form, provide the required information on separate sheets, and email your request to email@example.com, Attn: API Trademark Request
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These Yahoo Application Programming Interface Terms and Conditions were last updated on March 15, 2011.