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Yahoo Music APIs Terms of Use

Thank you for using the Yahoo Music application programming interfaces (the "Yahoo Music APIs"). By using the Yahoo Music APIs, you agree to these Yahoo Music APIs Terms of Use (the "Terms of Use"), any and all guideline documents associated with the Yahoo Music APIs (“Guidelines”) and the Yahoo Terms of Service ("TOS") located at https://info.yahoo.com/legal/us/yahoo/utos/utos-173.html (collectively, the “API Documents”). If you disagree with any of the terms below or the TOS, Yahoo does not grant you a license to use the Yahoo Music APIs. In the event of any inconsistency between these Terms of Use and the TOS, these Terms of Use control.

Yahoo! Inc. ("Yahoo") reserves the right to update and change, from time to time, these Terms of Use, the Guidelines, and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at https://info.yahoo.com/legal/us/yahoo/music/musicapi/musicapi-3923.html. Yahoo may change these Terms of Use by posting a new version without notice to you. Use of the Yahoo Music APIs after such change constitutes acceptance of such changes.

  1. Licensed Uses and Restrictions.

  2. The Yahoo Music APIs are owned by Yahoo and are licensed to you only in certain authorized territories (as set forth below), on a non-exclusive, non-sublicenseable, revocable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Yahoo Music APIs, all updates, revisions, substitutions, and any copies of the Yahoo Music APIs made by or for you. All rights not expressly granted to you are reserved by Yahoo.

    1. Subject to the restrictions set forth in these Terms of Use, YOU MAY use the Yahoo Music APIs and any updates provided by Yahoo (in its sole discretion) for non-commercial purposes only. Your license to the Yahoo Music APIs under these Terms of Use continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the Yahoo Music APIs. Yahoo may terminate the license at any time for any reason. This license terminates automatically if (i) you violate any term of these Terms of Use, (ii) Yahoo publicly posts a written notice of termination on Yahoo's Web site, (iii) Yahoo sends a written notice of termination to you, or (iv) Yahoo ceases providing access to the Yahoo Music APIs to you. For purposes of clarity, termination of this license does not constitute termination of these Terms of Use.

    2. The Yahoo Music APIs may be used to build applications for use in the following countries only: United States, Canada, Mexico, Australia, and New Zealand. If your application is designed for use by a web site or service in a particular country, you SHALL use the appropriate Yahoo Music API codes for that country so that your application is accessing the correct content catalogue for that country.

    3. Yahoo reserves the right to include advertising, e-commerce links (such as a “buy” button), copyright notices, and other metadata in or associated with the content provided to you through the Yahoo Music APIs (for example, within a video player or media player). You shall not interfere with any advertising, e-commerce links, copyright notices, or other metadata presented.

    4. Any communication by You to Yahoo is subject to these Terms of Use and the TOS, and you grant to Yahoo all rights to use and incorporate such contents in the Yahoo Music API Terms of Use, Guidelines or documentation, or any other Yahoo product or service without notice or compensation to you and without further recourse by You.

    5. Unless otherwise specified, use and redistribution of all computer code made available on the Yahoo Developer Network is permitted in source and binary forms, provided that the following conditions are met:

    6. (i) Redistributions in source code form must contain the copyright notice "Copyright © Yahoo! Inc. 2008, All Rights Reserved", this list of conditions, and the following disclaimer.

      (ii) Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.

      (iii) Neither the name of Yahoo nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Yahoo.

      DISCLAIMER TO BE INCLUDED WITH YAHOO! COMPUTER CODE

      THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    7. If your product or service uses or is based upon the Yahoo Music APIs, then YOU SHALL comply with the Yahoo Developer Network Attribution Policy located at http://developer.yahoo.com/attribution/.

    8. YOU SHALL use instructions provided in the Yahoo Music APIs to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Yahoo Music APIs. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You can sign up for an application ID at http://developer.yahoo.com/wsregapp/. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.

    9. You agree and acknowledge that you will obtain and pay for any licenses, including public performance licenses, necessary for the operation of your site or application.

    10. You understand that there is a rate limit per application or service utilizing the Yahoo Music APIs and you agree that YOU SHALL comply with that rate limit at all times. The amount of the rate limit is as set forth in the documentation for each API located at http://developer.yahoo.com/music/ and such amount may change from time to time in Yahoo’s sole discretion, effective immediately upon posting. You understand and agree that programmatic methods intended to subvert rate limiting are considered a violation of these Terms of Use.

    11. If you wish to confirm that your application constitutes an acceptable use of the Yahoo Music APIs or wish to inquire about rate limit increases, register your application with us.

    12. YOU SHALL NOT:

    13. (i) use the Yahoo Music APIs in connection with or 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, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, 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;

      (ii) use the Yahoo Music APIs 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 Terms of Use;

      (iii) use the Yahoo Music APIs to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Yahoo Music APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Yahoo is not responsible;

      (iv) sell, lease, share, transfer, or sublicense the Yahoo Music APIs or access or access codes thereto or derive income from the use or provision of the Yahoo Music APIs, whether for direct commercial or monetary gain or otherwise, without Yahoo's prior, express, written permission; or

      (v) use the Yahoo Music APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of the Yahoo Music API documentation located within http://developer.yahoo.com/music/, as determined by Yahoo in its sole discretion;.

      (vi) use the Yahoo Music APIs in a product or service that competes with products or services offered by Yahoo.

    14. Browser Based Authentication. If your use of Yahoo Music API’s will access Yahoo user information through Yahoo Music APIs, You must use Browser-Based Authentication (“BBAuth”) API to authenticate your access to the Yahoo network. The terms of this Section 1(k) apply to Your use of BBAuth.

    15. (i) Yahoo takes end user security and privacy very seriously, and You agree to give us all necessary assistance for the operation of Your Application in compliance with these Terms of Use and any applicable laws.

      (ii) Securing User Consent. You are solely responsible for securing clear, express consent from the user, granting You permission to access such user’s Yahoo account using the BBAuth API, including if applicable, retrieving user-specific information, or writing information to such user’s account. You will strictly comply with the scope of express consent they granted You when accessing such user’s Yahoo account.

      (iii) Contact and Cooperation. You (or the name of the contact You gave to Yahoo when You applied for Your application ID for review if it's not You) must be reachable at all times for security questions or concerns. You can change this name or contact by signing up for a new application ID, and providing the correct contact information and using the new application ID instead. (http://developer.yahoo.com/wsregapp/)

      (iv) Virus Precautions. All materials, including software and documents, that You provide to Yahoo, must be checked with Internet industry standard up-to-date antivirus and anti-worm software, and determined to be virus-free and worm-free. Any data provided to Yahoo must not contain harmful scripts or code.

      (v) Industry Standards. Your networks, operating system and software of its web server(s), routers, databases, and computer systems must be properly configured to Internet industry standards, as required to securely operate Your Application. If You do not completely control any aspect of the System, You will use all control or influence that You have over such Systems and/or selection of Systems, and You will not architect or select Systems in a manner to avoid the foregoing obligation. An example of an unacceptable server is one that operates as open proxy. An example of architecting in an unacceptable manner would be if You select a server operated by a vendor with substandard security practices, so that You could contend that You do not control such server, in order to avoid having to select an acceptable server.

      (vi) Reporting. You must promptly report any security deficiencies in or intrusions to Your Systems that You discover to Yahoo in writing via email to ynoc@yahoo-inc.com . You will work with Yahoo to immediately correct any security deficiency, and will disconnect immediately any intrusions or intruder. In the event of any such security deficiency or intrusion, You will make no public statements (i.e. press, blogs, bulletin boards, etc.) without prior written and express permission from Yahoo in each instance.

      (vii) Control Access to Systems. To the extent You have control or influence over the Systems, You will log (in a time and date-stamped fashion) all instances of access to the Systems. You will encrypt the password and username files for the Systems that store or process any Yahoo user data that You are permitted by Yahoo to access. Passwords must be unique, unintuitive, and changed often. You will minimize access to and use of the passwords. Wherever possible, commands which require additional privileges should be securely logged (with time and date) to enable a complete audit trail of activities. When an individual terminates his or her employment with You, his or her passwords and access password facilities must be terminated immediately.

      (viii) Security Reviews. Yahoo will have the right, at its own expense, to review, or to have an independent third party that is not Your competitor, to inspect and review Your compliance with these security provisions. You will (at Your own expense) correct any security flaws detected by such a review as soon as possible. You will then promptly certify to Yahoo in writing that the security flaw has been corrected, along with a description of the corrective action(s) taken. Yahoo will give You 48 hours notice before conducting such a review, and may conduct no more than four reviews annually. Any such review will be conducted during regular business hours in such a manner as not to interfere with normal business activities. If a review reveals a material breach of any of these security provisions, You will reimburse Yahoo for the reasonable costs of the review.

  3. Data Collection, Storage, and Use.

    1. You may not retain or use, and must immediately remove from any Application and any data repository in your possession or under your control any Yahoo user data obtained through the Yahoo Music APIs not explicitly identified as being storable indefinitely in the API documents within 24 hours after the time at which You obtained the data, or such other time as Yahoo may specify to you from time to time, including pursuant to notification received from application uninstall event handlers.

    2. You may not store any Yahoo user data in any data repository which enables any third party (other than the Yahoo user) access unless such third party access is disclosed in Your privacy policy which must be directly accessible through a link in Your Application using Yahoo Music APIs.

  4. Ownership and Relationship of Parties.

  5. The Yahoo Music APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. Yahoo's rights apply to the Yahoo Music APIs and all output and executables of the Yahoo Music APIs, excluding any software components developed by you which do not themselves incorporate the Yahoo Music APIs or any output or executables of the Yahoo Music APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use and in the TOS. Yahoo owns all rights, title, and interest in and to the Yahoo Music APIs. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by Yahoo, including (but not limited to) the Yahoo Music APIs and Yahoo trademarks.

  6. Support.

  7. Yahoo may elect to provide you with support or modifications for the Yahoo Music APIs (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 Yahoo Music APIs at any time, including the availability of any Yahoo Music APIs. Yahoo may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo Music APIs or the Yahoo Web site without notice or liability. Please register your application for priority notification of status alerts.

  8. Fees and Payments.

  9. Yahoo reserves the right to charge fees for future use of or access to the Yahoo Music APIs or the Yahoo services and Web sites (collectively, "Yahoo Music APIs Services") in Yahoo's sole discretion. If Yahoo decides to charge for the Yahoo Music APIs Services, such charges will be disclosed to you prior to taking effect.

  10. Disclaimer of Any Warranty.

  11. SOME OF THE YAHOO! MUSIC APIS ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER. YAHOO! DOES NOT REPRESENT OR WARRANT THAT ANY YAHOO! MUSIC APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

    THE YAHOO! MUSIC APIS ARE 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, AVAILABLILTIY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

    YOUR USE OF YAHOO! MUSIC APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY YAHOO! MUSIC APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  12. Limitation of Liability.

  13. 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 THE YAHOO! MUSIC APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), INFRINGMENT OF INTELLECTUAL PROPERTY RIGHTS, 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.

  14. Exclusions and Limitations.

  15. 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 6 AND 7 MAY NOT APPLY TO YOU.

  16. Release and Waiver.

  17. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Yahoo, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees 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 Music APIs. 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.

  18. Hold Harmless and Indemnity.

  19. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Yahoo and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of Yahoo Music APIs, 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.

  20. General Terms.

  21. 10.1 Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, 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.

    10.2 Invalidity of Specific Terms. If any provision of the Terms of Use 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.

    10.3 Location of Lawsuit and Choice of Law. The Terms of Use 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.

    10.4 No Waiver of Rights by Yahoo. Yahoo's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

    10.5 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 Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between Yahoo and you with respect to the subject matter hereof.