This is your Yahoo! Application License and Terms of Service (the “Agreement”) with Yahoo! Inc. (“Yahoo!”) governing your use of Yahoo! Applications (collectively, “Applications”) that you may install on a third party website, network, service or platform (such as a social networking site) that is NOT owned and operated by Yahoo! (collectively “Third Party Site”). In some cases, the Application may access and distribute content or services from a Yahoo! website or service, in which case your use of such Yahoo! content or service is governed by the Yahoo! Terms of Service. Yahoo! can update and change this Agreement by posting a new version without notice to you. If you choose to use an Application after such change, it means you agree to such changes. You can find the most recent version of this Agreement by visiting the Yahoo! Info Center at http://info.yahoo.com/legal/us/yahoo/applicationlicense/applicationlicense-2127.html, and the most recent version of the Yahoo! Terms of Service at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html .
Eligibility. In consideration of your use of the Applications, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree that, if prompted by the Application, you shall provide and maintain true, accurate, current and complete information about yourself. 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 any and all current or future use of the Applications. Yahoo! is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years of age in order for Yahoo! to permit you to use the Applications. In addition, the Third Party Site to which you add the Application may require you to be older than 13 years of age in order to participate on such Third Party Site, in which case you must comply with the Third Party Site’s older age restrictions in order to use the Applications on that Third Party Site.
OWNERSHIP. Applications may be protected by Yahoo!’s patents, copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. All rights not expressly granted to you are reserved by Yahoo! or their respective owners. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright and trademark notices or restrictions contained in the Applications and this Agreement. Yahoo! and Yahoo!'s licensors own all rights, title, and interest in and to their applicable contributions to the Applications. Other than as set forth in this License, Yahoo! grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo! in connection with the Applications and Yahoo! trademarks.
ADVERTISING. You understand and agree that the Applications may include advertisements and that these advertisements are necessary for Yahoo! to provide the Applications for your use.
THIRD PARTY APPLICATION, HARDWARE, AND SERVICES. Any third party Application, hardware, and services (whether required or optional) that you use in conjunction with the Application, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
SUPPORT AND UPDATES. Yahoo! offers no technical or maintenance support for the Application. Yahoo! may offer upgrades or updates to the Application in its sole discretion. Yahoo! may change, suspend or discontinue any aspect of the Application at any time without notice to you.
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, 1800MYYAHOO, 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"). Other than as part of installing and using the Applications in the manner permitted under this Agreement , you agree not to display or use in any manner the Yahoo! Marks without prior written permission from Yahoo!
GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that Yahoo! may establish general practices and limits concerning use of the Service, including without limitation 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 Applications in a given period of time. 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 Applications. 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.
MODIFICATIONS TO SERVICE. Yahoo! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Applications (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 Application.
CONTRIBUTIONS TO YAHOO! By submitting ideas, comments, suggestions, documents, and/or proposals ("Contributions") to Yahoo! through forums, 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.
INTERSTATE NATURE OF COMMUNICATIONS ON YAHOO! NETWORK. You acknowledge that in using the Applications, you may be causing electronic communications (e.g., email, search queries, photos, text, files, status updates, etc.) to be sent through Yahoo!'s computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States, 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 the Applications results in interstate data transmissions.
DISCLAIMER OF WARRANTY. The Application is licensed “AS-IS.” You bear the risk of using it. Yahoo! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. To the extent permitted by your local laws, YAHOO! DISCLAIMS ANY WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. You may have additional consumer rights under your local laws which this agreement cannot change.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (the “YAHOO ENTITIES”) SHALL NOT 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 THE APPLICATION; (ii) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; OR (v) ANY OTHER MATTER RELATING TO THE APPLICATION.
INDEMNIFICATION. You agree to indemnify and hold Yahoo! and Yahoo Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Application, your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
TERMINATION. This Agreement continues until it is terminated by either party. You may terminate the Agreement by discontinuing use of all or any of the Application and by removing the Application from all third party websites, services, or networks to which you have installed the Application. This Agreement terminates automatically if you violate any term of this Agreement, or if Yahoo! disables the Application, publicly posts a written notice of termination on Yahoo!'s web site, or sends a written notice of termination to you directly.
Entire Agreement. This Agreement constitutes the entire agreement between you and Yahoo! and governs your use of the Application, superseding any prior agreements between you and Yahoo! with respect to the Application.
Choice of Law and Forum. This Agreement and the relationship between you and Yahoo! shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
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 other provisions of this Agreement 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 Application, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles. The titles in this Agreement are for convenience only and have no legal or contractual effect. Your obligations in this Agreement survive any termination of this Agreement.
Version dated 1.31.08