The complete Yahoo! Mobile Widget Gallery Submission Terms (“Yahoo Widget Gallery Submission Terms”) follow below, but first, we want you to know that you may not submit your Mobile Application (“Mobile Widget”) to the Yahoo! Widget Gallery unless the following four points are true:
Your Mobile Widget does not contain or use any material that you are not the sole owner of, or have not received permission to use, distribute, or publicly display.
Your Mobile Widget does not contain or use any material (including any imagery, text, or sounds) which may be offensive or illegal.
Your Mobile Widget does not contain any materials, instructions, code, or functionality which is misleading as to what your Mobile Widget does, and your Mobile Widget does not engage in or enable phishing, spamming, or any other malicious or destructive behavior.
License and Restrictions.
1.1 You hereby grant to Yahoo! and its affiliates a non-exclusive, worldwide, fully paid-up and royalty-free right and license to:
(a) store, archive, host, use, distribute, transmit, publicly display, and publicly perform (i) Your Submitted Widget, including the right to sublicense distribution of the same to Yahoo!’s distribution partners, and (ii) the information, content, and materials you make available via Your Submitted Widget, including all audio files, audio-visual files, elements, programming, clips, segments, source art, graphics, images, meta data, trademarks, service marks, and logos (“Your Widget Content”), via any medium from which the Yahoo! Mobile Widget Platform is made available, including, without limitation, the Internet and wireless communication systems; and
(b) use your trademarks, service marks, logos, and screen shots of Your Submitted Widget, in any medium, solely in connection with the promotion of the Yahoo! Mobile Platform, associated products and services, and/or Your Submitted Widget.
1.2. You may not submit a Mobile Widget to the Yahoo! Widget Gallery if it does not comply with the Gallery TOS. Even if Your Submitted Widget complies with the Gallery TOS, Yahoo! may decide at its sole discretion not to include Your Submitted Widget in the Yahoo! Widget Gallery.
1.3. If Your Submitted Widget is accepted by Yahoo! to be displayed and distributed via the Yahoo! Widget Gallery, you may generally communicate to the public that Your Submitted Widget is in the Yahoo! Widget Gallery, but you may not mislead the public by stating or implying that Your Submitted Widget is endorsed or sponsored by Yahoo!. You may not issue a press release concerning Yahoo! without Yahoo!’s prior written approval.
1.4. You shall provide truthful and accurate information when submitting a Mobile Widget to the Yahoo! Widget Gallery, and you shall amend such information when you submit updated versions of Your Submitted Widget if that is necessary to maintain the truthfulness and accuracy of information about such widget.
1.5 Yahoo! reserves the right to remove Your Submitted Widget from the Yahoo! Widget Gallery at any time and for any reason in its sole discretion.
Term and Termination.
This Gallery TOS continues until terminated by either party. You may terminate this Gallery TOS at any time by removing Your Submitted Widget from the Yahoo! Widget Gallery. This Gallery TOS terminates 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. Your obligations in this Gallery TOS survive any termination hereof. For the sake of clarity, if you have more than one Mobile Widget available from the Yahoo! Widget Gallery, this Gallery TOS may terminate with respect to a particular Mobile Widget but may remain in effect with respect to other Mobile Widgets you have submitted.
Representations and Warranties.
You represent and warrant to Yahoo! that (i) you possess the full right, power, and authority to enter into and fully perform this Gallery TOS, (ii) you are free of any contractual obligation that would prevent you from entering into or performing your obligations under this Gallery TOS, (iii) Your Submitted Widget, Your Content, and Yahoo!’s use, hosting, transmission, distribution, public display, and public performance of the same do not and will not infringe upon or violate any patent, copyright, trademark, trade secret or other proprietary or other rights of any third party or any law or governmental rule or regulation, and (iv) Your Submitted Widget at no time contains any time bombs, crash bugs, viruses or other devices or functions that will or may harm, disrupt, or destroy any data, information, material, equipment, network, system or function whatsoever.
Disclaimer of Warranties.
THE YAHOO! MOBILE PLATFORM AND THE YAHOO! WIDGET GALLERY (COLLECTIVELY, THE “YAHOO! WIDGET ENVIRONMENT”) ARE EXPERIMENTAL. YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY PORTION OF THE YAHOO! WIDGET ENVIRONMENT IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE YAHOO! WIDGET ENVIRONMENT IS 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 NON-INFRINGEMENT.
YOUR USE OF THE YAHOO! WIDGET ENVIRONMENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE YAHOO! WIDGET ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR SUBMITTED MOBILE WIDGET, YOUR WIDGET CONTENT, COMPUTER SYSTEMS, OR SOFTWARE.
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 YOUR USE OF THE YAHOO! WIDGET ENVIRONMENT, THE AVAILABILITY OR UNAVAILABILITY OF YOUR SUBMITTED WIDGET OR YOUR WIDGET CONTENT, 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 IN SECTIONS 4 AND 5 MAY NOT APPLY TO YOU.
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, employees, agents, licensors, co-branders, distribution partners, or other partners from and against (i) any breach by you of a warranty or representation set forth herein, and (ii) any third party claim arising from or in any way related to your use of the Yahoo! Widget Environment, 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.
8.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of this Gallery TOS, 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.
8.2 Invalidity of Specific Terms. If any provision of this Gallery TOS 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.
8.3 Location of Lawsuit and Choice of Law. This Gallery TOS 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.
8.4 No Waiver of Rights by Yahoo!. Yahoo!'s failure to exercise or enforce any right or provision of this Gallery TOS shall not constitute a waiver of such right or provision.
8.5 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 your use of the Yahoo! Widget Environment or this Gallery TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8.6 Miscellaneous. The section headings and subheadings contained in this Gallery TOS are included for convenience only, and shall not limit or otherwise affect this Gallery TOS. Any construction or interpretation to be made of this Gallery TOS shall not be construed against the drafter. This Gallery TOS and any documents incorporated herein by reference constitute the entire agreement between Yahoo! and you with respect to the subject matter hereof superseding any prior agreements between you and Yahoo! with respect to Your Submitted Widget or the Yahoo! Widget Environment. To the extent that the Yahoo! Widget Gallery Submission Terms conflict with the Developer TOU or the TOS, the Yahoo! Widget Gallery Submission Terms shall control, except to the extent that the Developer TOU or the TOS impose additional restrictions and liabilities on your actions.
Version dated 1/21/09