Yahoo! Mash Additional Terms of Service

Welcome to Yahoo! Mash (the “Service”). By using the Service, you agree to these Additional Terms located at http://info.yahoo.com/legal/us/yahoo/mash/mash-1803.html that supplement the Yahoo! Terms of Service (TOS) located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html which is incorporated by reference, and you further agree to comply with the Yahoo! Mash Community Guidelines (the “Guidelines”) located at http://mash.yahoo.com/info/community_guidelines.php .

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 this Additional Terms and the most recent version of the Yahoo! Terms of Service at the URLs indicated above.

In the event of any inconsistency between these Additional Terms and the TOS, these Additional Terms shall control.

The Service provides functionality that allows Yahoo! users over the age of 13 who have a valid Yahoo! ID (“You”) to create and customize a personal page (“Your Mash Page”) and upload content that may include information, text, images, audio, video, and any other content (“Your Content”) to be hosted by Yahoo! and otherwise used by Yahoo! for public display on any property within Yahoo!’s network of properties and on Yahoo!’s syndicated third party sites, and for the public posting, viewing and sharing of Your Content with others. You expressly acknowledge and agree that the Service is a public service, that once You submit Your Content for inclusion into the Service it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content unless you modify the default settings. Further, You agree and acknowledge that Your Content and any associated public user profile submitted to the Service may appear on local Yahoo! sites in other countries. There is no cost to You to submit Your Content.

By making Your Mash Page publicly viewable, anyone on and off the Yahoo! network of properties can view Your Mash Page. If you want to limit who can see Your Mash Page, visit the “Settings” tab on Your Mash Page.

By making Your Mash Page modifiable by others, other users of the Service may change certain portions of Your Mash Page without your consent in each instance. If you do not want others to modify Your Mash Page, visit the “Settings” tab on Your Mash Page.

We encourage you to express yourself and participate in the Mash community, but letting others know too much personal information can lead to identify theft and other unwanted activities. To more safely enjoy your Mash experience, please read our safety tips in our Yahoo! Mash Community Guidelines located at http://mash.yahoo.com/info/community_guidelines.php .

By submitting Your Content, You agree:

1. not to include in Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.

2. that You are at least 13 years of age and you acknowledge that children under the age of 13 may not submit content to the Service.

You retain ownership to Your Content that You submit for inclusion into the Service. However, by submitting Your Content to Yahoo!, You hereby grant Yahoo! the following worldwide, royalty-free, non-exclusive, sublicensable and transferable rights and licenses:

1. to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode Your Content to appropriate media formats, standards or mediums as part of the Service;

2. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform and publicly display Your Content on the Service or on any Yahoo! property, including 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;

3. to use Your Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Content in any media format or medium and through any media channels.

By submitting Your Content for inclusion into the Service, you also grant to Yahoo! registered users (“Yahoo! Users”) and to others the following non-exclusive license: (i) to access, distribute, display and/or perform Your Content through the Service; (ii) to rate, review, comment on and tag Your Content; (iii) in the case of video content, to embed Yahoo!’s video player with Your Content on their web site; (iv) to send and distribute Your Content via E-mail, Instant Messenger or any other electronic communications system; and (v) to access, reproduce, distribute and/or perform Your Content via Yahoo!’s web service APIs or via RSS or any similar XML or related feeds.

The foregoing licenses granted by You shall terminate once You remove or delete, or request removal or deletion of, as applicable, Your Content from the Service and the removal has been processed on Yahoo!’s backend.

By submitting Your Content you agree that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) for Yahoo! to display Your Content and any other works that You incorporate into Your Content, and You authorize Yahoo! to use Your Content in the manner contemplated in these Additional Terms.

By submitting Your Content you agree that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person’s name or likeness for use of Your Content by Yahoo! in the manner contemplated in these Additional Terms.

Yahoo! reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with Your Content, and Yahoo! will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate Yahoo! to sell, license or offer to sell or license any advertising, promotional or distribution rights.

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 use of and access to the Service, Your violation of the TOS or these Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.

Yahoo has no duty or obligation, express or implied, to post, host, stream or otherwise include any of Your Content in any Yahoo property. In addition to all other legal remedies available to Yahoo!, You acknowledge that Yahoo! has the right to remove Your Content from the Service or refuse to include Your Content 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 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 Additional Terms or any other terms of the TOS.

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 such documents remain in full force and effect.

The TOS, which apply to Your use of the Service, provide 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.