Welcome to the Yahoo Application Platform offering (“YAP” or the “Service”) which provides functionality that allows Developers to build an application (“Application”) to install on YAP-supported parts of Yahoo!’s network of properties and third-party sites, and for the public posting, viewing and sharing of your Application with others. This document (the “YAP Developer Terms”)—and those documents that it incorporates by reference—set forth the terms and conditions under which Yahoo! Inc. (“Yahoo!”) makes the Yahoo! Application Platform (“YAP”) available. By clicking the accept button below, using the YAP developer tool, or publishing Your Application on the YAP, you agree to all such terms and conditions and enter into a legally binding contract on behalf of yourself and any persons or entities for which you either develop or distribute software using YAP or to whom you provide access to YAP (collectively, “You”). If You do not agree to these terms and conditions, then Yahoo does not authorize You to use YAP; click the “cancel” button to exit this acceptance flow.
SERVICE DESCRIPTION AND ACCEPTANCE OF YAHOO! TERMS
The individual who accepts these terms and conditions, must be aged 13 years or older and must possess their own valid Yahoo! IDs and are responsible for compliance with the Yahoo! Terms of Service (“TOS”), the YAP Developer Terms, applicable Guidelines (http://info.yahoo.com/guidelines/us/yahoo/yap/yap-3953.html) that Yahoo! may issue from time to time (collectively, the “YAP Documents”), and all applicable law. If You are 13 or older but under the age of 18, You should review these terms and conditions with your parent or guardian to make sure that You and your parent or guardian understand these terms and conditions. Any entity or other individuals who use YAP pursuant to Your acceptance of the YAP Documents are also responsible for compliance with the YAP Documents and all applicable law. You hereby covenant, warrant, and represent to Yahoo that that is and will be the case.
You understand and agree that YAP may be used to develop, build, and deploy software (“Applications”) solely as permitted by and as governed by the YAP Documents. You can always find current versions of the YAP Documents at the URLs provided. The TOS and the Guidelines are hereby incorporated in their entirety herein. You agree that Yahoo! can unilaterally update and change any of the YAP Documents (except where expressly noted herein, and on a prospective basis) at any time without notice to You; Your continued use of YAP to develop, build, or distribute Applications following any posted update or change constitutes binding acceptance of all such contractual revisions; if You do not agree to revisions, cease using YAP to develop or build Applications, and cease distributing Applications created with YAP. If these YAP Developer Terms and the TOS or the Guidelines ever conflict or are inconsistent, the most current version of these YAP Developer Terms will control.
You understand and agree that Applications developed with YAP and published to YAP may be accessible by others, including users viewing local Yahoo! sites and syndicated third party sites in other countries.
Your Application must meet and maintain the following requirements, and any additional generally applicable requirements included by Yahoo! in the YAP Documents from time to time. You acknowledge and agree that Yahoo! has no duty or obligation, express or implied, to post, host, stream or otherwise include any of Your Application as part of YAP or in or on any Yahoo! property. Yahoo! may in its sole discretion, even if You meet all the following requirements and otherwise comply with these YAP Developer Terms, Yahoo! may refuse to make available Your Application, for any reason.
You must provide to the end-user with a clear description of ALL the material functionality and features of Your Application prior to installation.
You must include the Application identification information (“App ID”) issued during the registration process on the Yahoo! Developer Network website in any Application You develop that makes use of the YAP. You may only create a single Application per Application ID and such Application ID must accompany all web services requests coming from that Application.
Your Application may not include or display the Yahoo! brand or any Yahoo! logos. Use of the Yahoo! name in Your Application is only permitted as set forth in the Guidelines.
If your Application is designed to enable payment card transactions or other electronic commerce, your Application must comply with the Payment Card Industry Digital Security Standard (https://www.pcisecuritystandards.org/index.shtml).
Your Application will not contain any of the following features and functionality: ActiveX, encryption.
Your Applications must display within the visual bounds assigned to it by the Guidelines.
To the extent You use any code or other materials (“Developer Materials”) from existing Applications, You hereby certify that You have the rights to use such Developer Materials.
Your Application must not:
Disable, block, disregard or circumvent any Yahoo! feature or functionality, settings, or technical measures instituted by Yahoo! (e.g., advertising, security measures, privacy settings, other user settings).
Capture, collect, use, or transfer any user data through the user interface of Your Application, except as authorized by and consistent with the requirements of the YAP Documents.
Redirect the end-user's Internet searches.
Add an application to the end-user's web browser or modify other functionality of the browser or desktop without providing notice to and obtaining the consent of the end user to permit such changes.
Change the end-user's home page, default search provider or error page handling or otherwise modify browser settings.
Change the end-user 's default provider or web proxy, or make other changes to Internet settings.
Cause material adverse effects on system performance for typical end users;
Take control of an end-user’s computer by deceptive means (i.e. using the computer to send spam or spim from the computer to others; conducting denial of service attacks; accessing, hijacking or otherwise using the computer's modem or Internet connection or service in a manner that results in or could damage the computer of the end-user or anyone else).
Induce an end-user to provide personal information by intentionally misrepresenting the identity of the person or entity seeking the information.
Misrepresent, or materially alter any third party trademarks, logos, brand features, proprietary notices, content or functionality that appears in the user interface or functionality of Your Application.
Remove, disable, or render inoperative by deceptive means a security, anti-spyware or anti-virus technology installed on the computer without obtaining prior consent from the end-user.
Be designed or used for the primary purpose of facilitating illegal distribution or display of copyrighted content, or be promoted or marketed in any way as a means to illegally distribute copyrighted content.
You must not use the Application:
To promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, the bypassing of copyright protection, counterfeit goods or replica designer products, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism, human suffering or violence, defamatory, libelous or threatening material, goods made from protected animal or plant species, recalled goods, hacking, surveillance, interception, or descrambling equipment, cigarettes or cigarette tobacco, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, adult or child pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling or gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, money transfers, person to person payments or extensions of credit, non-packaged food items, weapons and accessories, pay-to-click or pay-to-read services;
To engage in, any spamming, phishing, denial of service attacks or other illegal activities or unsolicited marketing activities;
To store or archive any data, except as expressly permitted;
In any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the YAP Documents;
In a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the YAP Documents, as determined by Yahoo! in its sole discretion.
To collect Yahoo! user data or other information from users under the age of 13.
Use of Yahoo! Application Programming Interfaces (APIs).
To the extent You use any code or other materials (“Developer Materials”) from existing Applications, You may only use the Developer Materials solely for the purpose of developing Your Application for use within the Service.
DATA COLLECTION, STORAGE, AND USE.
You may not retain or use, and must immediately remove from any Application and any data repository in your possession or under your control any Yahoo! user data not explicitly identified as being storable in the YAP Documents within 24 hours after the time at which You obtained the data, or such other time as Yahoo! may specify to You from time to time, including pursuant to notification received from application uninstall event handlers. The list of Yahoo! user data element that are storable by you can be found here: http://info.yahoo.com/guidelines/us/yahoo/ydn/ydn-3955.html
The YAP does not currently support beaconing, or the ability to read, write or set cookies in or through your Application.
You may not share GUIDs (Global Unique Identifiers) with any third party.
PROTECTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY.
If Your Application allows users to store content on a system controlled or operated by You, You must post and implement a copyright policy that complies with the Digital Millennium Copyright Act (“DMCA”).
SUPPORT AND MARKETING
You, and not Yahoo!, are entirely responsible for all aspects of Your Application and any content that You upload, post, or otherwise transmit via the Service or Application, including sole responsibility for providing all customer support to end-users relating to Your Application.
You may generally communicate to the public that Application is in the Service, but You may not mislead the public by stating or implying that Your Application is endorsed or sponsored by Yahoo!. You may not issue a press release concerning Yahoo! without Yahoo!’s prior written approval.
You agree to provide truthful and accurate information when submitting an Application to the Service, and You agree that You will amend such information when You submit updated versions of Your Application if that is necessary to maintain the truthfulness and accuracy of information about such Application.
You may not include or display the Yahoo! brand, name, or trademarks in the user interface of Your Application except as described in the Guidelines.
You shall not disparage Yahoo!, or knowingly tarnish the name reputation, image or goodwill of Yahoo! or its affiliates through Your Application.
SUBMISSION OF YOUR APPLICATION; LICENSES
By submitting Your Application, You warrant, represent and covenant that:
You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to Your Application and any other works that You incorporate into Your Application to submit your Application to Yahoo! for distribution consistent with the YAP, and You authorize and license Yahoo! and its affiliates to use Your Application and any other works that You incorporate into Your Application in the manner contemplated in these YAP Developer Terms.
You will not include in Your Application any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, racially or ethnically malicious, or otherwise objectionable.
As between You and Yahoo!, except to the extent You have used Yahoo! materials to create or develop Your Application, You retain ownership to Your Application that You submit for inclusion into the Service. However, by submitting Your Application to Yahoo!, You hereby grant Yahoo! and its affiliates the following worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable (subject to the transferee’s agreement to and satisfaction of all terms and conditions of the YAP Documents), sublicenseable rights and licenses:
to access, host, cache, store, archive, index, crawl, create algorithms based on Your Application;
to use, distribute, publicly perform and publicly display Your Application on the Yahoo! network, including on or with any Yahoo! property, or in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels;
to use Your Application for and in connection with advertising, promotional or commercial (including without limitation the making, selling, and offering for sale of Yahoo! products and services) purposes; and
to use images or screenshots of Your Application, trademarks, service marks, or logos, in any medium, solely in connection with the promotion of the Service and associated products, or Your Application.
By way of clarification and not limitation, You understand that Your license grants above will allow Yahoo! end-users and others to, among other activities: (i) access, use, distribute, display and/or perform Your Application on the Yahoo! network and on third-party web sites and the Internet generally, as may be permitted by Yahoo!; (ii) rate, review, comment on and tag Your Application or the content therein; and (iii) send, distribute, and display Your Application via E-mail, Instant Messenger or otherwise over or through the Internet or any other electronic communications system.
You further understand that Your Application may continue to appear as permitted under these YAP Developer Terms after You have terminated access to Your Application or these YAP Developer Terms have been terminated, and that such usage may continue indefinitely.
Yahoo! Licenses: Subject to these YAP Developer Terms, including the TOS, You are granted a limited, nonexclusive, revocable, non-sublicenseable, personal license solely to (1) access the Service to develop and submit an Application which meets all the requirements and conditions set forth in these YAP Developer Terms for use in the Service, and (2) use Your Application in accordance with the Service and these YAP Developer Terms.
Yahoo! reserves the right to charge fees for future use of or access to the Service, APIs or the Yahoo! web sites in Yahoo!'s sole discretion.
DEVELOPER ADVERTISING RIGHTS.
Yahoo! allows You to include advertising, sponsorship or other commercial or promotional content (collectively, “Advertising”) in the full page view of Your Application in the areas which You control as set forth in the Guidelines. You may not include advertising in the small view of your Application unless You receive written permission from Yahoo!.
You will not, and will not permit any person, directly or indirectly, to provide Advertising in connection with your Application that does not comply with the YAP Documents and shall only use advertisers, ad networks, or ad servers that have agreed to the YAP Third Party Ad Serving Agreement, available here: email@example.com. Without limiting the generality of the foregoing, You are responsible for blocking the following types of Advertising (each, an “Abusive Ad”) from delivery to Your Application installed on a Yahoo! page:
Advertising which conducts any action outside of the area You control on your Application or otherwise fails to conform to the format and technical specifications set Yahoo!, including, without limitation, by use of expandable banners, floating Advertising, and/or interstitials;
Advertising that incorporates sounds or music unless the User has consented to the initiation of those sounds or music;
Advertising containing animation that exceeds 15 seconds or video that exceeds 30 seconds and/or does not contain a stop/pause button.
Advertising that triggers a pop-up, pop-under, dialogue box, or initiates a downloadable application;
Advertising for online gambling, online pharmacies, pornographic products or services, alcohol, guns, ammunition, fireworks, explosives, or tobacco;
Advertising containing any 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, or otherwise materially, adversely alter the User experience; and
Advertising containing any content, work, name, mark, designation, materials, or link that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious.
Notwithstanding anything to the contrary contained herein, You acknowledge that providing or permitting Advertising to be provided, directly or indirectly, in violation of this Section 8, including, without limitation, failing to block an Abusive Ad will constitute a breach of the YAP Documents by You and entitle Yahoo! to all available remedies in law and equity, including, without limitation, special, punitive and exemplary damages and indemnification from You in connection with any third party claim, action or other proceeding arising out of or related to such event.
YAHOO! ADVERTISING RIGHTS.
Yahoo! reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Application including, but not limited to the area controlled by Yahoo! in the full page view of your Application as set forth in the Guidelines, and Yahoo! will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
YAHOO!’S RESERVATION OF RIGHTS
In addition to all other legal remedies available to Yahoo! and its discretionary rights under Sections 2, 7, and 9 above, You acknowledge that Yahoo! has the right to remove Your Application from the Service or refuse to include Your Application in the Service, suspend or terminate Your Yahoo! account or refuse to grant You access to any current or future use of the Service or any Yahoo! service, with or without warning, and seek all available remedies in law and equity, including, without limitation, special, punitive and exemplary damages and indemnification from You in connection with any third party claim, action or other proceeding if Yahoo!, in its sole discretion, believes You have: (i) violated or tried to violate the rights of Yahoo! or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these YAP Developer Terms or any other terms of the YAP Documents.
You understand and acknowledge that Yahoo! may presently or in the future be independently creating applications, content or other products, services or offerings that may be similar to Your Application. Nothing in these YAP Developer Terms will be construed as restricting or preventing Yahoo! or any of its affiliates from creating and fully exploiting such applications, content, products, services, or offerings, without any obligation to You.
Except as expressly granted in Section 6 (Yahoo! Licenses), nothing shall be construed as granting any intellectual property rights, licenses, forbearances, or any other related interest or obligation of any kind from Yahoo!, whether by express grant, implication, exhaustion, estoppel, or otherwise.
You agree to indemnify and hold harmless Yahoo!, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Application or Your use of and or access to the Yahoo! Application Platform (including without limitation, Your violation and/or infringement of any rights of another person or entity) or Your violation of the TOS or these YAP Developer Terms or applicable Guidelines.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE OR ANY ASSOCIATED SOFTWARE WILL BE CORRECTED.
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 DIRECT, 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 SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR APPLICATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 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 MAY NOT APPLY TO YOU.
TERM AND TERMINATION
These YAP Developer Terms continue until terminated by either party. These YAP Developer Terms terminate automatically if Yahoo! publicly posts a written notice of termination on Yahoo!'s web site, or Yahoo! sends a written (including email or text message) notice of termination to You directly. Where You have not made Your Application available to third parties, You may terminate these YAP Developer Terms as to a given Application at any time by removing Your Application from the Service in the manner provided for by the Service. Your obligations under the following sections of these YAP Developer Terms, including the licenses You grant hereunder, survive any termination hereof: Sections 1(b)-(c), 2, 3, 6(a)-(d), and 11 through 15. By way of illustration, where Your Application has been made available to others, any third party may continue to use Your Application and, if You have authorized, use Developer Materials from Your Application, as permitted by these YAP Developer Terms and the Service.
Invalidity of Specific Terms. If any provision of these YAP Developer Terms or any document incorporated by reference 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 such documents remain in full force and effect.
Export. You will comply with any applicable license, import or export classification requirements or other approvals from the U. S. Department of Commerce or any other agency or department of the United States Government or the government of any other country for the export or import, either directly or indirectly, of Your Application. Specifically, You agree that your use of the Service to build, test, release and publish software, technology, and other technical data may be subject to the export and import laws of the United States and other countries. You agree to comply strictly with all applicable export and import laws and regulations. In particular, You: (a) represent and warrant that You are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists; (b) agree not to use the Service for military, nuclear, missile, chemical or biological weaponry end uses; and (c) agree not to build, test, release or publish via the Service any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
Choice of Law and Location of Lawsuit. The TOS, which apply to Your use of the Service and incorporated by reference into these YAP Developer Terms, is governed by the laws of the State of California without regard to its conflict of law provisions, and that both You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, USA.
Assignment. You may not assign any of Your rights or delegate any of Your obligations under these TOS or YAP Developer Terms without prior consent from Yahoo!. Any attempt to assign or delegate any rights or obligations without Yahoo!'s prior written consent shall be null and void.