NO EMERGENCY SERVICE. You acknowledge and understand that Yahoo! does NOT currently allow you to access any emergency services. You should always have an alternative means of accessing emergency services. Please inform others who use your Yahoo! Messenger and devices used to access Yahoo! Messenger that they must access these numbers through a traditional landline or mobile phone. Yahoo! Messenger is not intended to replace your primary phone service, such as a traditional landline or mobile phone.
Welcome to Yahoo! Yahoo! provides to you this Yahoo! Messenger service and related software subject to the following license terms, which incorporates by reference the Yahoo! Terms of Service ("TOS") that you agreed to when you applied for and received your Yahoo! mail account (see Section 15 below). The TOS and this Yahoo! Mobile Messenger End User License Agreement and Terms of Service collectively comprise this "License". You can review the most current version of this License and the TOS at any time in English at: http://info.yahoo.com/legal/us/yahoo/mobilemessenger/atos.html and http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html . Please see Section 15 for the relevant translated versions of the License.
By downloading Yahoo! Messenger, and by using and continuing to use Yahoo! Messenger or the other software or services, you agree to be bound by this License which includes the TOS, and represent and warrant that you are permitted to do so under applicable law. If you are in a jurisdiction where download or use of this software or service is prohibited or restricted, you must click "Cancel" because Yahoo does not give you permission to download or use this software in that case.
Different features may be available in different versions of Yahoo! Mail and Yahoo! Messenger and not all features may be available in your country or region. Also, not all features may be available if the user that you are communicating with is using a different version of Yahoo! Mail or Yahoo! Messenger, or is using an IM software client offered by an authorized non-Yahoo! company.
Yahoo! Messenger allows you to see when your friends are online, send and receive instant messages, make pc-to-pc and pc-to-phone calls, as applicable, listen to music, play games, and receive alerts and other material and information via the Internet.
Yahoo! Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Yahoo! accounts located on Yahoo! servers. This means you may be able to access and search your message history from any device with access to the Internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Yahoo! too. Your agreement to this License constitutes your consent to allow Yahoo! to store these communications on its servers.
The Yahoo! Messenger application software you have elected to download, including any Yahoo! or third party software, protocols (including but not limited to API protocols) (the "Software"), along with all Yahoo! Messenger Internet sites and any related services, content, or materials used that are authorized by Yahoo!, are collectively deemed to be the "Service". Where the TOS references the defined term "Service," such terms in the TOS will also apply to the Software and services defined to be the "Service" under this License.
By using Yahoo! Messenger, you acknowledge that other users of the Service may elect to receive a notification from the Service when you sign on and may send you instant messages and other information via the Service. If you desire to block the notification feature of the Service sent to other users or if you don't want to receive messages from such users, you can enable the "Ignore" feature of the Service. The "Ignore" feature allows you to create a list of users you wish to block, which you can review and edit from time to time. Your ability to send and receive instant messages and other information may be blocked by Yahoo! and by other users, which may partially or wholly limit your ability to use the Service. By using the Service, you agree that Yahoo! has no responsibility for assessing or resolving any disputes arising from a user's ability to ignore, send messages, or otherwise use the Service.
In order to use the Service and those services and products within the Service (for both free and charged services), you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet or enable pc-to-pc, pc-to-phone, or other Internet calling, including computers, modems, mobile devices, microphones, headsets, and handsets.
You may also use optional equipment to access the Service (e.g. a USB port phone device to access the pc-to-pc calling feature, which device may include dual functionality to access a traditional landline service which is not provided by Yahoo!).
Any required or optional equipment that you use to use or access the Service, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of that equipment. Please refer to the materials you received when you purchased the equipment to understand your rights and obligations, including what warranties and disclaimers apply to you.
The Service (which includes the Software) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Service and its components contain software licensed from Yahoo! licensors ("Licensor Software"). The Licensor Software enables the Yahoo! Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. Yahoo! and Yahoo!'s licensors own all rights, title, and interest in and to their applicable contributions to the Service. This License grants you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including, without limitation, the Service and Yahoo! trademarks, and creates no relationship between yourself and Yahoo!'s licensors, or between you and Yahoo! other than that of Yahoo! to licensee.
YOU MAY install and personally use the Software and any authorized updates provided by Yahoo! in object code form only on a device owned or controlled by you. You may access the Service through the Software, only as authorized in this License. You may use the Software and access the Service only for your own noncommercial use or benefit. You agree not to assign, copy, transfer, or transmit the Service, or any data obtained through the Service, to any third party. Your license to use the Service, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the Service, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
Yahoo! may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Service (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 Service at any time, including the availability of any Service feature, database, or content. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Service or the Yahoo! web site without notice or liability.
YOU MAY NOT and will not allow any third party to (except to the extent required by local law):
Incorporate the protocols or Software, or any portion thereof, into any other service, software, hardware, or other technology manufactured or distributed by or for you;
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this License. You understand and agree that the Service is provided "AS-IS" and that Yahoo! assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You also understand that Yahoo! is not responsible for the security or privacy of communications sent via the Service, including, without limitation, where the Service is being accessed via wireless devices or other equipment used to access the Service. These disclaimers are in addition to the "Disclaimer of Warranties" section in the TOS.
Any third party plug-in applications that you use with the Service are owned by and are the sole responsibility of the plug-in application developer, and it is up to you decide whether these plug-in applications, or your use of them, is legal or appropriate.
Any third party plug-in applications that you use to use, access, or augment the Service, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the owner of the third party plug-in, and Yahoo! makes no warranties or representations whatsoever regarding such third party plug-in application. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YAHOO! AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ANY EQUIPMENT OR PLUG-IN APPLICATIONS, INCLUDING ANY IMPLIED TERMS AND WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL AND AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
If authorized by Yahoo!, the Service may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that: (i) your use of the Service is subject to this License and the terms governing the use of other instant messaging products you have agreed to, if any, that are consistent with this License; and (ii) users of other instant messaging products are subject to the terms governing such other instant messaging products. Yahoo! assumes no responsibility for the conduct or content of messages sent by users of other instant messaging products.
Yahoo collects, stores, and uses your registration data and other information about you are subject to the Yahoo! Privacy Policy that you agreed to when you applied for and received your Yahoo! Mail account. Please see Section 15 for information on this.
Yahoo! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (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 Service. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Service or the Yahoo! web site without notice or liability.
Your license to the Software and to access the Service continues until it is terminated by either party. You may terminate this License by discontinuing use of all or any of the Software and by destroying all your copies of the applicable Software. Yahoo! may terminate this License pursuant to "Termination" section of the TOS and for other causes including, without limitation: (a) breaches or violations of this License; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); and (d) unexpected technical or security issues or problems. Termination of your Yahoo! account includes: (a) removal of access to all offerings within or integrated with the Service; (b) deletion of your password and all related information, files and content associated with or inside your account (or any part of it); and (c) barring further use of the Service. Further, you agree that all terminations for cause will be made in Yahoo!'s sole discretion and that Yahoo! will not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
In addition to the indemnification you provide to Yahoo! under the "Indemnity" section of the TOS, if the Service downloaded or accessed by you includes the "anti-spy" tool, software that is identified as "spyware" by this tool may be software that you have agreed to load onto your device pursuant to a separate agreement with a third party. You are solely responsible for compliance with agreements you have executed with third parties. You agree to indemnify and hold Yahoo! and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including, without limitation, reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Service, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of any agreement with or rights of another person or entity.
Yahoo! may provide you with notices, including those regarding changes to this License, by either email, regular mail, or postings on the Service.
Entire Agreement. This License, which includes the TOS, constitutes the entire agreement between you and Yahoo! and governs your use of the Service, superseding any prior agreements between you and Yahoo! with respect to the Service. Please note that you also may be subject to additional terms and conditions regarding your use of other authorized Yahoo! services, affiliate services, affiliate devices and equipment, third-party content, or third-party software. If any conflict between the terms and conditions of this License and those in the TOS occurs, the terms and conditions of this License will control, except to the extent that the TOS imposes additional restrictions and liabilities on your actions.
Choice of Law and Forum. This License and the relationship between you and Yahoo! shall be governed as set forth below in Section 15.
Waiver and Severability of Terms. The failure of Yahoo! to exercise or enforce any right or provision of this License shall not constitute a waiver of such right or provision. The provisions of this License are severable in that if any provision or part of a provision of this License is found by a court of competent jurisdiction to be illegal, unenforceable or invalid, such provision shall be deemed to have been deleted without affecting the remaining provisions of this License and the other provisions of this License and TOS shall remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 Service, or this License, must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
The section titles in this License are for convenience only and have no legal or contractual effect.
This contract is between you and the Yahoo! company specified in Section 15 below. Section 15 also sets forth the choice of law, the location for resolving disputes with the relevant Yahoo! company and other important provisions.
REGION:
The Americas
You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
Yahoo! Venezuela: You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
Yahoo! Colombia: You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
Yahoo! Peru: You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
Yahoo! Chile: You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
REGION:
Europe
.Liability
You understand that Yahoo! is liable and responsible for providing this service according to the Terms of Service at http://info.yahoo.com/legal/de/yahoo/tos.html . In addition the following applies:
In cases where Yahoo! provides telecommunication services according to the German Telecommunication Act (Telekommunikationsgesetz) the liability of Yahoo!, its statutory representatives, employees or vicarious agents for negligently caused pecuniary damage (‘Vermögensschäden’) is limited to 12,500 (twelve thousand five hundred) Euros per user and to 10,000,000 (ten million) Euros for the entirety of injured persons per damage-causing event. If the compensation due to several parties on account of the same damage-causing event exceeds the maximum threshold, the damages paid shall be reduced in the ratio of the sum of all damage claims to the maximum threshold. You can review the most current version of this License, the TOS and the Privacy Policy at any time at:
REGION:
Asia Pacific.
1. References to “911 or similar emergency services” shall be deemed to be references to “999 or similar emergency services” in Hong Kong.
Notwithstanding anything to the contrary in Section 1, you can review the most current version of this License and the TOS at any time at: http://info.yahoo.com/legal/hk/yahoo/mobilemessenger/atos.html and http://hk.yahoo.com/info/utos.html
2. Notwithstanding anything to the contrary in Section 10, you can see our full privacy policy at http://info.yahoo.com/privacy/hk/yahoo.
3. References in Section 7 to the “U.S. Copyright Act” and “U.S. patent law” shall be deemed to be references to the relevant copyright and patent laws of Hong Kong.
4. Certain features may not be available to users in HK including PC-to-phone and other internet calling
1. References to “911 or similar emergency services” shall be deemed to be references to “999, 995, 1777 or similar emergency services” in Singapore, and corresponding emergency numbers in Indonesia, Malaysia, the Philippines, Thailand and Vietnam (collectively, the “Other SEA Territories”).
2. Notwithstanding anything to the contrary in Section 1, you can review the most current version of this License and the TOS at any time at: http://info.yahoo.com/legal/xx/yahoo/mobilemessenger/atos.html (where “xx” means “sg” for Singapore, “id” for Indonesia, “my” for Malaysia, “ph” for the Philippines, “the” for Thailand and “vne” for Vietnam) and http://info.yahoo.com/legal/yy/yahoo/utos/ (where “yy” means “sg” for Singapore, “ide” for Indonesia, “mye” for Malaysia, “ph” for the Philippines, “the” for Thailand and “vne” for Vietnam).
3. References in the License to copyright, patent, “U.S. Copyright Act” and “U.S. patent law” shall be deemed to be references to the “Singapore Copyright Act” and “Singapore patent law”.
4. You can see our full privacy policy at http://info.yahoo.com/privacy/zz/yahoo/ (where “zz” means “sg” for Singapore, “ide” for Indonesia, “mye” for Malaysia, “ph” for the Philippines, “the” for Thailand and “vne” for Vietnam).
5. English version prevails. In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
1. References to “911 or similar emergency services” shall be deemed to be references to “000 or similar emergency services” in Australia.
2. Notwithstanding anything to the contrary in Section 1, you can review the most current version of this License and the TOS at any time at: http://info.yahoo.com/legal/au/yahoo/mobilemessenger/atos.html and http://au.docs.yahoo.com/info/terms/
3. You can see our full privacy policy at http://info.yahoo.com/privacy/au/yahoo.
4. References in the License to copyright, patent, “U.S. Copyright Act” and “U.S. patent law” shall be deemed to be references to the relevant copyright and patent laws of Australia.
1. References to “911 or similar emergency services” shall be deemed to be references to “111 or similar emergency services” in New Zealand.
2. Notwithstanding anything to the contrary in Section 1, you can review the most current version of this License and the TOS at any time at http://info.yahoo.com/legal/nz/yahoo/mobilemessenger/atos.htmland http://nz.docs.yahoo.com/info/terms/
3. Notwithstanding anything to the contrary in Section 9, you can see our full privacy policy at http://info.yahoo.com/privacy/nz/yahoo
4. References in the License to copyright, patent, “U.S. Copyright Act” and “U.S. patent law” shall be deemed to be references to the relevant copyright and patent laws of New Zealand.
1. References to “911 or similar emergency services” shall be deemed to be references to “199 or similar emergency services” in Taiwan
2. Notwithstanding anything to the contrary in Section 1, you can review the most current version of this License and the TOS at any time at http://info.yahoo.com/legal/tw/yahoo/mobilemessenger/atos.html and http://tw.info.yahoo.com/legal/utos.html
3. You can see our full privacy policy at http://info.yahoo.com/privacy/tw/yahoo.
4. References in the License to copyright, patent, “U.S. Copyright Act” and “U.S. patent law” shall be deemed to be references to the relevant copyright and patent laws of Taiwan.
1. http://info.yahoo.com/legal/in/yahoo/mobilemessenger/atos.html and http://in.docs.yahoo.com/info/terms/
2. You can see our full privacy policy at http://info.yahoo.com/privacy/in/yahoo.
3. References in the License to copyright, patent, the “U.S. Copyright Act” and “U.S. patent law” shall be deemed to be references to the relevant copyright and patent laws of India.
4. Certain features may not be available to users in IN including PC-to-PC, PC-to-phone and other Internet calling.
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Last updated 1.1.13