AGREEMENT TO TERMS
Yahoo! Auctions, owned and operated by Yahoo! Inc. ("Yahoo!"), is a service through which you may list or bid on items. Your participation in Yahoo! Auctions is subject to these additional terms which supplement the Yahoo! Terms of Service incorporated by reference.
In addition, by participating in Yahoo! Auctions, you agree to comply with any posted guidelines and rules applicable to Yahoo! Auctions, including, without limitation, the Yahoo! Auctions Guidelines. All such guidelines and rules are incorporated by reference. Please note: the Yahoo! Auctions Guidelines includes a description of those items that may not be listed or sold through Yahoo! Auctions.
Unless otherwise expressly provided, Yahoo! reserves the right to update and change, from time to time, these additional terms and all documents incorporated by reference. You can always find the most recent version of these additional terms at http://info.yahoo.com/legal/us/yahoo/auctions/auctions-180.html and the most recent versions of the Yahoo! Terms of Service and the Yahoo! Auctions Guidelines at the URLs indicated above.
FEES
Bidding on and listing items on Yahoo! Auctions is free.
YAHOO! ID AND YAHOO! WALLET REQUIREMENT
To participate in Yahoo! Auctions you must have a Yahoo! ID. To list an item for sale in Yahoo! Auctions you must also have a Yahoo! Wallet. If you do not yet have a Yahoo! ID or Yahoo! Wallet, you will be prompted to complete the registration process. More information on Yahoo! Wallet.
YOUR RELEASE AND WAIVER
You understand and agree that Yahoo! acts as the venue for sellers to list items and buyers to bid on items in connection with Yahoo! Auctions. Yahoo! is not involved in the actual transaction between buyers and sellers. Yahoo! does not screen or control users who may sell or bid on auction items, nor does Yahoo! review or authenticate all auction listings or items offered for sale.
Because Yahoo! is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Yahoo! and its affiliates (and their respective officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Also, as Yahoo! is acting only as a venue, Yahoo! is not responsible for the collection and remittance of any federal, state or local taxes. Buyers and sellers are responsible for all tax related issues that may arise.
LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Yahoo! Auctions and your bidding on, listing of, purchase of, and sale of any and all items.
YAHOO!'S RESERVATION OF RIGHTS
Yahoo! expressly reserves the right to, but has no duty to, refuse, reject or remove any listing in Yahoo!'s sole discretion.
You acknowledge and agree that Yahoo! has the right to immediately modify, suspend or terminate any listings or your account and refuse current or future use of any Yahoo! service if Yahoo!, in its sole discretion, believes you have: (i) violated or tried to violate the rights of others; or (ii) have acted inconsistently with the spirit or letter of these additional terms or any document incorporated by reference, including, without limitation, the Yahoo! Auctions Guidelines. Your Yahoo! Auctions account may be terminated if you do not use this service at least one time during a reasonable period of time (as determined by Yahoo!) which will not be less than three months.
INVALIDITY OF SPECIFIC TERMS
If any provision of these additional 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 the such documents remain in full force and effect.
LOCATION OF LAWSUIT
The Yahoo! Terms of Service, which apply to your use of Yahoo! Auctions, provides 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.
