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Terms of Service 1. ACCEPTANCE OF TERMS 2. DESCRIPTION OF SERVICE Yahoo! currently provides users with access to
a rich collection of on-line resources, including, various communications tools,
online forums, shopping services, personalised content and branded programming
through its network of properties (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the release
of new Yahoo! properties, shall be subject to the TOS. You acknowledge 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 personalisation settings. 3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yahoo! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Yahoo! is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, email, message boards, groups, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child. 4. YAHOO! PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://privacy.yahoo.com/privacy/uk
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation
upon completing the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a) immediately
notify Yahoo! of any unauthorised use of your password or account and any other
breach of security, and (b) ensure that you exit from your account at the end
of each session. Yahoo! cannot and will not be liable for any loss or damage arising
from your failure to comply with this Section 5. 6. MEMBER CONDUCT You acknowledge that all information, data, text,
software, music, sound, photographs, graphics, video, messages and other materials
("Content"), whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you, and not
Yahoo! are entirely responsible for all Content that you upload, post, email or
otherwise transmit via the Service. Yahoo! does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You acknowledge that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under no circumstances
will Yahoo! be liable in any way for any Content, including, but not limited to,
for any errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise transmitted
via the Service. You agree to not use the Service to: You acknowledge that Yahoo! has no obligation to monitor Content. Yahoo! and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Service that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree that Yahoo! may
access, preserve, and disclose your account information and Content:
(a) to its affiliated companies worldwide for the purpose of providing
the Content to you in an efficient manner; (b) for the purpose of properly
administering your account in accordance with the standard operating
procedures of Yahoo! or its affiliated companies; and (c) if required
to do so by law or in the good faith belief that any such access, preservation
or disclosure is reasonably necessary to: (i) comply with legal process;
(ii) enforce the TOS; (iii) respond to claims that any Content violates
the rights of third-parties; (iv) respond to your requests for customer
service; or (v) protect the rights, property, or personal safety of
Yahoo!, its users and the public. You acknowledge that the technical processing
and transmission of the Service, including your Content, may involve
transmissions over various networks and changes to conform and adapt
to technical requirements of connecting networks or devices. Yahoo!
reserves the right to terminate your access to some or all parts of
its Service if you withdraw your consent in this paragraph at any time. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE Recognising the global nature of the Internet,
you agree to comply with all local laws and rules regarding online conduct
and acceptable Content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the
United Kingdom, the United States and the country in which you reside
(if different from the aforementioned). When you are on any international
Yahoo! property, you are bound by the Terms of Service and applicable
laws governing that Yahoo! property. 8. PUBLIC CONTENT POSTED TO YAHOO! (a) For purposes of the TOS, "publicly
accessible areas" of the Service are those accessible by the general
public. By way of example, a publicly accessible area of the Service
would include public Yahoo! Groups, Yahoo! Answers and Yahoo! Message Boards, but would
not include unlisted Yahoo! Groups or private Yahoo! communication services
such as Yahoo! Mail or Yahoo! Messenger. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Service, and that under no circumstances will Yahoo! be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely. (b) With respect to Content you elect to
post for inclusion in publicly accessible areas of Yahoo! Groups or
that consists of photos or other graphics you elect to post to any other
publicly accessible area of the Service, you grant Yahoo! a world-wide,
royalty free and non-exclusive licence to reproduce, modify, adapt and
publish such Content on the Service solely for the purpose of displaying,
distributing and promoting the specific Yahoo! Group to which such Content
was submitted, or, in the case of photos or graphics, solely for the
purpose for which such photo or graphic was submitted to the Service.
This licence exists only for as long as you elect to continue to include
such Content on the Service and shall be terminated at the time you
delete such Content from the Service. (c) With respect to all other Content you
elect to post to other publicly accessible areas of the Service, you
grant Yahoo! the royalty-free, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and licence to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology now
known or later developed. 9. INDEMNITY You agree to indemnify and hold Yahoo!
and its subsidiaries, affiliates, officers, agents, co-branders and
other partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another. 10. NO RESALE OF SERVICE You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service. 11. GENERAL PRACTICES REGARDING USE AND
STORAGE You acknowledge that Yahoo! may establish
general practices and limits concerning use of the Service, including
with out limitation the maximum number of days that email messages,
message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from
or received by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Yahoo's servers on your
behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree
that Yahoo! has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that Yahoo! reserves
the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that Yahoo! reserves the right to change
these general practices and limits at any time, in its sole discretion,
with or without notice. 12. MODIFICATIONS TO SERVICE 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. 13. TERMINATION You agree that Yahoo! in its sole discretion,
may terminate your password, account (or any part thereof) or use of
t he Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or if
Yahoo! believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. Yahoo! may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that Yahoo! may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that Yahoo! shall not be liable to you or any third-party
for any termination of your access to the Service. 14. DEALINGS WITH ADVERTISERS AND MERCHANTS Your correspondence or business dealings
with, or participation in promotions of, advertisers and merchants found
on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser
or merchant. To the fullest extent permitted by applicable law, you
agree that: (a) Yahoo! shall not be responsible or liable for any loss
or damage of any kind incurred as the result of any such dealings or
as the result of the presence of such advertisers and merchants on the
Service, and (b) any orders placed by you on, and any product specifications
and product availability appearing on, the Service (including, without
limitation, Yahoo! Shopping) are subject to confirmation by, and the
terms and conditions of business of, the relevant Merchant. 15. LINKS The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because
Yahoo! has no control over such sites and resources, you acknowledge
and agree that Yahoo! is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that Yahoo! shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource. 16. YAHOO'S PROPRIETARY RIGHTS You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software
") contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorised by Yahoo! or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part. Yahoo! grants you a personal, non-transferable
and non-exclusive right and licence to use the object code of its Software
on a single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicence, grant a security interest in or otherwise transfer
any right in the Software. The foregoing is subject to applicable statute
and other express law. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorised access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by Yahoo! for use in accessing
the Service. 17. DISCLAIMERS YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
18. LIMITATION OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YAHOO! SHALL NOT BE LIABLE 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 TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELA TED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 19. 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 17 AND 18 MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIA BIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF YAHOO!. 20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Yahoo! shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 21. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 22. TRADEMARK INFORMATION Yahoo!, the Yahoo! logo, Yahoo! in Chinese Characters, Yahooligans!, the Yahooligans! logo, YAHOO! KIDS, Yahoo! Kids logo, the "Jumpin Y Guy" logo, Do you Yahoo!?, Y!, Y! stylised, My Yahoo!, Eyeballs design, Homework Answers, The Scoop, Get Local, the Worlds Favorite Internet Guide, the Sunglasses design, e Café Yahoo!, Viaweb, Shop Find, EZSpree, EZWheels, I Shops, Permission Marketing, Yoyodyne, Get Rich Click, and Geocities trademarks and service marks, and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the "Yahoo! Marks"). Without Yahoo's prior permission, you agree not to display or use in any manner, the Yahoo! Marks. 23. COPYRIGHTS and COPYRIGHT AGENTS Yahoo! respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please go to our copyright policy to report the problem. 24. GENERAL INFORMATION These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Yahoo! and govern your use of the Service, superseding any prior agreements between you and Yahoo! You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Yahoo! shall be governed by the laws of England. You and Yahoo! agree to submit to the exclusive jurisdiction of the English courts. Any failure by Yahoo! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Neither you nor Yahoo! may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that Yahoo! shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies. The section titles in the TOS are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! ID or contents within your account terminate upon your death. Any free account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with Yahoo!'s policy.
Please report any violations of the TOS to Yahoo! Customer Care. |