Thank you for using the Yahoo! Search Contextual Shortcuts Modules (the "Yahoo! Contextual Shortcuts Modules"). By using the Yahoo! Contextual Shortcuts Modules, you agree to these terms of use (the "Terms of Use") and the Yahoo! Terms of Service ("TOS") located at http://info.yahoo.com/legal/us/yahoo/details.html , as well as any Additional Terms of Use(“ATOU”) which may apply to specific Contextual Shortcuts Modules. If you disagree with any of the terms below, the TOS or any applicable ATOU, Yahoo! does not grant you a license to use the Yahoo! Contextual Shortcuts Modules. In the event of any inconsistency between these Terms of Use and the TOS, these Terms of Use control. To the extent of any inconsistency between these Terms of Use and an applicable ATOU, the applicable ATOU control. Yahoo! Inc. ("Yahoo!") reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://info.yahoo.com/legal/us/yahoo/contextualshortcuts/contextualshortcuts-1815.html. Yahoo! may change these Terms of Use by posting a new version without notice to you. Use of the Yahoo! Contextual Shortcuts Modules after such change constitutes acceptance of such changes.
Licensed Uses and Restrictions.
The Yahoo! Contextual Shortcuts Modules are owned by Yahoo! and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Yahoo! Contextual Shortcuts Modules, all updates, revisions, substitutions, and any copies of the Yahoo! Contextual Shortcuts Modules made by or for you. All rights not expressly granted to you are reserved by Yahoo!.
Subject to the restrictions set forth in these Terms of Use, YOU MAY use the Yahoo! Contextual Shortcuts Modules and any updates provided by Yahoo! (in its sole discretion) for your own noncommercial use or benefit. Your license to the Yahoo! Contextual Shortcuts Modules under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Yahoo! Contextual Shortcuts Modules. Yahoo! may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, any ATOU or the TOS, (ii) Yahoo! publicly posts a written notice of termination on Yahoo!'s Web site, (iii) Yahoo! sends a written notice of termination to you, or (iv) Yahoo! ceases providing access to the Yahoo! Contextual Shortcuts Modules to you.
YOU WILL use instructions provided in the Yahoo! Contextual Shortcuts Modules to place attribution identification information into any application or service you develop that incorporates or makes any use of the Yahoo! Contextual Shortcuts Modules. The identification information will be shared with Yahoo! through any use of each such application.
YOU WILL NOT:
(i) use the Yahoo! Contextual Shortcuts Modules in connection with or 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, counterfeit goods, items subject to US embargo, hate materials (e.g., Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, 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 items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(ii) use the Yahoo! Contextual Shortcuts Modules 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 Yahoo! TOS, these Terms of Use, or ATOU;
(iii) sell, lease, or sublicense the Yahoo! Contextual Shortcuts Modules or access thereto or derive income from the use or provision of the Yahoo! Contextual Shortcuts Modules, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission;
(iv) use the Yahoo! Contextual Shortcuts Modules in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the Yahoo! Contextual Shortcuts Module documentation, as determined by Yahoo! in its sole discretion; or
(v) sell, rent, assign, lease, transfer, reproduce, perform, modify, translate, allow third party access to, unbundle, make derivative works of, make improvements of, or distribute any code included as part of the Yahoo! Contextual Shortcuts Modules or any of its components or any content contained therein, including, without limitation, advertisements or search links that may be included in the Yahoo! Contextual Shortcuts Modules. In addition, you will not change, alter, revise, decompile, disassemble, reverse-assemble or otherwise reverse engineer the Yahoo! Contextual Shortcuts Modules or any portion of the Yahoo! Contextual Shortcuts Modules for any purpose.
Ownership and Relationship of Parties.
The Yahoo! Contextual Shortcuts Modules may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Yahoo!'s rights apply to the Yahoo! Contextual Shortcuts Modules and all output and executables of the Yahoo! Contextual Shortcuts Modules, excluding any software components developed by you which do not themselves incorporate the Yahoo! Contextual Shortcuts Modules or any output or executables of the Yahoo! Contextual Shortcuts Modules. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use, any applicable ATOU and in the TOS. Yahoo! owns all rights, title, and interest in and to the Yahoo! Contextual Shortcuts Modules. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including (but not limited to) the Yahoo! Contextual Shortcuts Modules and Yahoo! trademarks.
Support.
Yahoo! may elect to provide you with support or modifications for the Yahoo! Contextual Shortcuts Modules (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Yahoo! may change, suspend, or discontinue any aspect of the Yahoo! Contextual Shortcuts Modules at any time, including the availability of any Yahoo! Contextual Shortcuts Modules. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Contextual Shortcuts Modules or the Yahoo! Web site without notice or liability.
Fees and Payments.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Contextual Shortcuts Modules or the Yahoo! services and Web sites (collectively, "Yahoo! Contextual Shortcuts Modules Services") in Yahoo!'s sole discretion. If Yahoo! decides to charge for the Yahoo! Contextual Shortcuts Modules Services, such charges will be disclosed to you in advance.
Disclaimer of Any Warranty.
YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY YAHOO! CONTEXTUAL SHORTCUTS MODULES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE YAHOO! CONTEXTUAL SHORTCUTS MODULES ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND YAHOO! EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF YAHOO! CONTEXTUAL SHORTCUTS MODULES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY YAHOO! CONTEXTUAL SHORTCUTS MODULES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
Limitation of Liability.
YAHOO! SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE YAHOO! CONTEXTUAL SHORTCUTS MODULES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL YAHOO! BE LIABLE TO YOU FOR ANY AMOUNT.
Exclusions and Limitations.
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 OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Yahoo! and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Yahoo! Contextual Shortcuts Modules. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Hold Harmless and Indemnity.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Yahoo! and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Yahoo! Contextual Shortcuts Modules, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. Yahoo! shall use good faith efforts to provide you with written notice of such claim, suit or action.
General Terms.
10.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and Yahoo! shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Yahoo!, express or implied, and you shall not attempt to bind Yahoo! to any contract.
10.2 Invalidity of Specific Terms. If any provision of the Terms of Use 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.
10.3 Location of Lawsuit and Choice of Law. The Terms of Use 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 jurisdiction of the courts located within the county of Santa Clara, California.
10.4 No Waiver of Rights by Yahoo!. Yahoo!'s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
10.5 Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use, any applicable ATOU, and the TOS constitute the entire agreement between Yahoo! and you with respect to the subject matter hereof.
The following Additional Terms of Use (ATOU) apply to the use of the corresponding Contextual Shortcuts Modules:
