Service Description and Acceptance of Yahoo! Terms
Welcome to the Yahoo! Inc. Search Application Platform Developer Terms of Service ("Developer Terms"). The Search Application Platform offering (the 'Service') provides functionality that allows Yahoo! users age 13 or older who have a valid Yahoo! ID ('You') to build an application ('Application') for use by any Yahoo! user in conjunction with Yahoo!'s Search and Multimedia Search technology and otherwise used by Yahoo! for public display on any property within Yahoo!'s network of properties and on third-party sites where syndicated by Yahoo!, and for the public posting, viewing and sharing of Your Application with others.
Your use of the Service is subject to these Developer Terms which supplement the Yahoo! Terms of Service ("TOS") [http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html], which TOS is hereby incorporated by reference. Yahoo! Inc. ('Yahoo!') reserves the right to update and change, from time to time, these Developer Terms and all documents incorporated by reference. If any modification is unacceptable to You, Your only recourse is to stop using the Service. Your continued use of the Service following any posted update or change will constitute Your binding acceptance to the update or change. You can always find the most recent version of these Developer Terms here [http://info.yahoo.com/legal/us/yahoo/search/searchapplication/searchapplication-4132.html] and the most recent version of the TOS at the URL indicated above. In the event of any inconsistency between these Developer Terms and the TOS, these Developer Terms shall control.
In addition to the TOS and these Developer Terms, You must comply with any applicable guidelines ('Guidelines') in using the Service and building Your Application, as may be published by Yahoo! from time to time and which are incorporated into this Developer Terms by this reference.
You expressly acknowledge and agree that the Service is a public service, that once You submit Your Application for inclusion into the Service it may be accessible by others, including users viewing local Yahoo! sites and syndicated third party sites in other countries, and that there is no confidentiality or privacy with respect to Your Application, including any personally identifying information that You may make available online. Further, if you choose to provide third parties with the ability, among others, to copy, modify, display or distribute Your Application as permitted in the Service, they will continue to have such ability even if You discontinue Your participation in the Service or Your use of Your Application.
Your Application must meet the following requirements, and any additional requirements which may be included in the Application Guidelines. You acknowledge and agree that Yahoo! has no duty or obligation, express or implied, to post, host, stream or otherwise include any of Your Application as part of the Service or in any Yahoo! property. Yahoo! may in its sole discretion, even if You meet all the following requirements and otherwise comply with these Developer Terms, refuse to accept or make available Your Application, for any reason.
You must provide to the end-user a clear description of ALL the material functionality and features of Your Application prior to installation.
Your Application will not display advertising or paid promotional content, such as sponsored search listings.
Your Application will not contain any of the following features and functionality: ActiveX, Flash, encryption, file transfer (whether pc-to-pc or via a server), live video, live audio, or voice over IP ("VoIP") or web search functionality of any kind.
Your Application must not contain any compiled code.
Your Application will not display animated image files. To the extent a file is presented in the Application, You grant Yahoo! the right to 'flatten' any images which may be part of the file.
Your Applications must display within the visual bounds assigned to it by the Service specifications.
In connection with 'Results' Applications, any text and image URLs presented in the Application must be associated with the same host as the search result.
To the extent You use any code or other materials ('Developer Materials') from existing Applications, You may only use the Developer Materials solely for the purpose of developing Your Application for use within the Service.
Your Application must not:
Disable, block, disregard or circumvent any Yahoo! feature or functionality, settings, or technical measures instituted by Yahoo! (e.g., advertising, security measures, privacy settings, other user settings).
Capture, collect, use, or transfer any user data through the user interface of Your Application, except as authorized in the Developer Terms.
Redirect the end-user's Internet searches.
Add an application to the end-user's web browser or modify other functionality of the browser or desktop.
Change the end-user's home page, default search provider or error page handling or otherwise modify browser settings.
Change the end-user's default provider or web proxy, or make other changes to Internet settings.
Cause material adverse effects on system performance for typical end users;
Take control of an end-user's computer by deceptive means (i.e. using the computer to send spam or spit from the computer to others; accessing, hijacking or otherwise using the computer's modem or Internet connection or service in a manner that results in damage to the computer or end-user).
Induce an end-user to provide personal information by intentionally misrepresenting the identity of the person or entity seeking the information.
Misrepresent, or materially alter any third party trademarks, logos, brand features, proprietary notices, content or functionality that appears in the user interface or functionality of Your Application.
Remove, disable, or render inoperative by deceptive means a security, anti-spyware or anti-virus technology installed on the computer without obtaining prior consent from the end-user.
Be designed or used for the primary purpose of facilitating illegal distribution or display of copyrighted content, or be promoted or marketed in any way as a means to illegally distribute copyrighted content.
You must not use the Application:
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) or materials urging acts of terrorism or violence, 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, adult or child 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;
to engage in, any spamming, phishing, or other illegal or unsolicited marketing activities;
to store or archive any data sent by utilizing the Service or Application, except as expressly permitted;
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 or these Developer Terms;
in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the Application documentation or the Service, as determined by Yahoo! in its sole discretion.
Support and Marketing
You, and not Yahoo!, are entirely responsible for all aspects of Your Application and any content that You upload, post, or otherwise transmit via the Service or Application, including sole responsibility for providing all customer support to end-users relating to Your Application.
If You elect to make Your Application available to others, You may generally communicate to the public that Application is in the Service, but You may not mislead the public by stating or implying that Your Application is endorsed or sponsored by Yahoo!. You may not issue a press release concerning Yahoo! without Yahoo!'s prior written approval.
You shall provide truthful and accurate information when submitting an Application to the Service, and You shall amend such information when You submit updated versions of Your Application if that is necessary to maintain the truthfulness and accuracy of information about such Application.
You may not include or display the Yahoo! brand or name in the user interface of Your Application.
You shall not disparage Yahoo!, or knowingly tarnish the name reputation, image of goodwill of Yahoo! or its affiliates through Your Application, or of Yahoo! Search or the Service.
Submission of Your Application; Licenses
By submitting Your Application, You warrant, represent and 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') to Your Application and any other works that You incorporate into Your Application, and You authorize and license Yahoo! to use Your Application and any other works that You incorporate into Your Application in the manner contemplated in these Developer Terms.
You will not include in Your Application 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.
As between You and Yahoo!, except to the extent You have used Yahoo! materials to create or develop Your Application, You retain ownership to Your Application that You submit for inclusion into the Service. However, by submitting Your Application to Yahoo!, You hereby grant Yahoo! and its affiliates the following worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable rights and licenses:
to access, host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode Your Application to appropriate media formats, standards or mediums as part of the Service;
to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform and publicly display Your Application on the Service, on any Yahoo! property, or 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;
to use Your Application for and in connection with advertising, promotional or commercial purposes; and
to use images or screenshots of Your Application, trademarks, service marks, or logos, in any medium, solely in connection with the promotion of the Service and associated products, or Your Application.
By way of clarification and not limitation, You understand that Your license grants above will allow Yahoo! end-users and others to, among other activities: (i) access, use, distribute, display and/or perform Your Application through the Service or through the use of other Yahoo! services, including publicly on third-party web sites and the Internet generally, as may be permitted by Yahoo!; (ii) rate, review, comment on and tag Your Application or the content therein; (iii) send, distribute, and display Your Application via E-mail, Instant Messenger or otherwise over or through the Internet or any other electronic communications system; (iv) access, distribute and/or perform Your Application via Yahoo!'s web service APIs or via RSS or any similar XML or related feeds; and (v) reproduce, remix, and prepare derivative works and compilations of, and distribute, display and perform such derivative works of, Your Application as and where permitted through the functionality of the Service, including publicly on third-party web sites and the Internet generally.
You further understand that Your Application may continue to appear as permitted under these Developer Terms after You have terminated access to Your Application or these Developer Terms have been terminated, and that such usage may continue indefinitely.
Subject to these Developer Terms, including the TOS, You are granted a limited, nonexclusive, revocable, non-sublicenseable, personal license (1) to access the Service to develop and submit an Application which meets all the requirements and conditions set forth in these Developer Terms for use in the Service, (2) use Your Application in accordance with the Service and these Developer Terms; and (3) to the extent made available by Yahoo!, to copy and create derivative works of certain examples or sample code identified by Yahoo! as such into Your Application, solely for the purpose of developing Your Application for use within the Service.
Yahoo! may make available to You certain graphic images, trademarks, trade names, service marks or logos owned or licensed by Yahoo! or its affiliates ("Marks") that You may use in conjunction with the display of Yahoo! properties solely for the purpose of indicating that Your Applications were created to interface with the Service or linking to Your Application. You may not (a) remove, distort, alter or otherwise change the size or appearance of the Marks, or any associated graphics or design; (b) implement or deploy the Marks or any associated graphics or design in a manner not specified or approved by Yahoo in writing; (c) use the Marks in a trademark manner or to suggest that Yahoo! is associated with, endorses, sponsors or has any other connection to any of Your Applications other than the fact that it was created to interface with the Service; or (d) use the Marks in any manner that disparages Yahoo!, its affiliates or its licensors, or that otherwise dilutes or tarnishes the Marks. Any benefits, goodwill, or rights derived solely from the use of the Marks shall inure to Yahoo!.
Yahoo! reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Application, and Yahoo! will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
Yahoo!'s Reservation of Rights
In addition to all other legal remedies available to Yahoo! and its discretionary rights under Section 2(a) above, You acknowledge that Yahoo! has the right to remove Your Application from the Service or refuse to include Your Application 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 Developer Terms or any other terms of the TOS.
You understand and acknowledge that Yahoo! may be independently creating applications, content or other products, services or offerings that may be similar to Your Application, and nothing in these Developer Terms will be construed as restricting or preventing Yahoo! or any of its affiliates from creating and fully exploiting such applications, content or other products, services or offerings, without any obligation to You.
Except as expressly granted in Section 4(e) (Yahoo! Licenses), nothing shall be construed as granting any intellectual property rights, licenses, forbearances, or any other interest or obligation of any kind from Yahoo!, whether by express grant, implication, exhaustion, estoppel, or otherwise.
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 Application or Your use of and or access to the Service (including without limitation, Your violation of any rights of another person or entity) or Your violation of the TOS or these Developer Terms or applicable Guidelines.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE OR ANY ASSOCIATED SOFTWARE WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR APPLICATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 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 MAY NOT APPLY TO YOU.
Term and Termination
These Developer Terms continue until terminated by either party. These Developer Terms terminate 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. Where You have not made Your Application available to third parties, You may terminate these Developer Terms as to a given Application at any time by removing Your Application from the Service in the manner provided for by the Service. Your obligations under the following sections of these Developer Terms, including the licenses You grant hereunder, survive any termination hereof: 1(b)-(d), 2-3, 4(a)-(d), 7-11. By way of illustration, where Your Application has been made available to others, any third party may continue to use Your Application and, if You have authorized, use Developer Materials from Your Application, as permitted by these Developer Terms and the Service.
Invalidity of Specific Terms. If any provision of these Developer 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.
Export. You will comply with any applicable license, import or export classification requirements or other approvals from the U. S. Department of Commerce or any other agency or department of the United States Government or the government of any other country for the export or import, either directly or indirectly, of Your Application.
Choice of Law and Location of Lawsuit. The TOS, which apply to Your use of the Service and incorporated by reference into these Developer Terms, is governed by the laws of the State of California without regard to its conflict of law provisions, and 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.
Assignment. You may not assign any of Your rights or delegate any of Your obligations under these TOS or Developer Terms without prior consent from Yahoo!. Any attempt to assign or delegate any rights or obligations without Yahoo!'s prior written consent shall be null and void.