1. ACCEPTANCE OF YAHOO! TERMS
Your use of the Yahoo! Next website is subject to these Additional Terms located at http://info.yahoo.com/legal/us/yahoo/next/next-167.html that supplement the Yahoo! Terms of Service (“TOS”) located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html which are hereby incorporated by reference (collectively “the Terms of Service”).
Yahoo! reserves the right to update and change, from time to time, the Terms of Service, including all documents incorporated by reference. You can always find the most recent version of these Additional Terms and the Yahoo! Terms of Service at the URLs indicated above.
2. DESCRIPTION OF YAHOO! NEXT
Yahoo! Next seeks inventive computer science solutions that will help make Yahoo!’s products more essential to consumers. Yahoo!’s goal is to cultivate knowledge, solve fundamental technology problems and translate theory into application so that our partners, advertisers and consumers can maximize the social and economic potential of the Internet.
3. PERMITTED AND PROHIBITED USES
Yahoo! Next including, but not limited to, any and all associated content and software is proprietary to Yahoo! and/or its suppliers, as applicable, and is protected by U.S. and international intellectual property laws. Yahoo! Next is provided to you for your own personal use and may not be used in any way for commercial purposes including, but not limited to, selling products or services (or to market or advertise such products or services), directing traffic to another website for commercial purposes, displaying Yahoo! Next results on another website, mirroring any portion of Yahoo! Next on another website, or meta-searching. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works of Yahoo! Next or publicly display any content from Yahoo! Next.
4. SUBMISSION OF INFORMATION BY YOU
There are many opportunities within Yahoo! Next for you to actively participate. In the process of doing so you may provide, in whatever form or media, comments, communications, suggestions, know-how, methodologies, procedures, techniques, data, content (including, but not limited to, software, images, sounds, and any and all related or associated material), and/or other information (“Information”) to Yahoo!. You grant Yahoo! the complete an irrevocable right to retain, reproduce, re-post, modify, distribute, transmit, quote, broadcast, publicly display, communicate and otherwise make use of, in any form and location, any Information without attribution, notice or compensation to you. You hereby represent and warrant that unless otherwise expressly specified by you, the Information is wholly original to you, that no one else has any rights in the Information and that Yahoo!, if it so desires, is free to adopt, modify and/or implement the Information without obtaining permission or license from any third party. You agree that with respect to any Yahoo! products or services that use any Information, as between you and Yahoo!, all proprietary rights, title and interest of every kind and nature belong to Yahoo!. To the extent Information is protectable under intellectual property laws you agree to cooperate with Yahoo! to protect and/or perfect any and all copyrights, moral rights, patents and patent rights, mask work rights, service and trademarks, rights of publicity, any other intellectual property rights, and any applications, registrations, renewals and extensions thereof , and you hereby appoint Yahoo! as your attorney-in-fact for the purpose of executing documents Yahoo! deems necessary for this purpose. You agree that you will not, under any circumstances, contest or attack Yahoo!’s ownership of products or services that use any Information or Yahoo!'s right to use any Information. Under no circumstances shall Yahoo! be subject to any obligation of confidentiality with respect to any Information.
5. DISCLAIMER OF ANY WARRANTY
THE MATERIAL, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH YAHOO! NEXT ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY PART OF YAHOO! NEXT, INCLUDING ANY MATERIAL, PRODUCT OR SERVICE THEREOF, IS FREE OF INACCURACIES, ERRORS, BUGS, INTERRUPTIONS, RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE MATERIAL, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH YAHOO! NEXT ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRES 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, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.
YOU USE YAHOO! NEXT AT YOUR SOLE RISK. ANY MATERIAL, PRODUCT(S) OR SERVICE(S) DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH YAHOO! NEXT IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL, PRODUCT(S) OR SERVICE(S) INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
6. 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 YAHOO! NEXT, 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.
7. 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.
8. RELEASE AND WAIVER
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Yahoo!, its employees, agents and representatives 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! Next. 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.
9. HOLD HARMLESS AND INDEMNITY
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Yahoo!, its employees, agents and representatives from and against any third party claim arising from or in any way related to your use of Yahoo! Next, 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.
10. YAHOO!'S RESERVATION OF RIGHTS
Yahoo! expressly reserves the right to immediately modify, suspend or terminate and refuse current or future use of any Yahoo! services, including Yahoo! Next, if Yahoo!, in its sole discretion, believes you: (i) have violated or tried to violate the rights of Yahoo! or others; (ii) present a safety concern for you, other Yahoo! users, or the general public, and/or (iii) have acted inconsistently with the spirit or letter of the Terms of Service.
11. GENERAL TERMS
11.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Service, 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.
11.2 Invalidity of Specific Terms. If any provision of the Terms of Service 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.
11.3 Location of Lawsuit and Choice of Law. 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 and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
11.4 No Waiver of Rights by Yahoo!. Yahoo!’s failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
11.5 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 Service. Any construction or interpretation to be made of the Terms of Service shall not be construed against the drafter. The Terms of Service shall be interpreted in accordance with the laws of the State of California as if made in California by two California residents. The Terms of Service constitute the entire agreement between Yahoo! and you with respect to the subject matter hereof.