- ACCEPTANCE OF TERMS
Yahoo Holdings, Inc. ("Yahoo") welcomes you. Yahoo provides the Yahoo Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://policies.yahoo.com/us/en/frontier/terms/utos/index.html. By accessing and using the Yahoo Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Yahoo owned or operated services, you and Yahoo shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Yahoo may also offer other services that are governed by different Terms of Service, which terms may be available at: https://policies.yahoo.com/us/en/yahoo/terms/index.html.
- DESCRIPTION OF YAHOO! SERVICES
Yahoo provides users with access to a rich collection of resources, including without limitation various communications tools such as Yahoo Mail and Yahoo Messenger, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Yahoo Services"). You also understand and agree that the Yahoo Services may include advertisements and that these advertisements are necessary for Yahoo to provide the Yahoo Services. You also understand and agree that the Yahoo Services may include certain communications from Yahoo, such as service announcements, administrative messages and the Yahoo Newsletter, and that these communications are considered part of Yahoo membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Yahoo Services, including the release of new Yahoo properties, shall be subject to the TOS. You understand and agree that the Yahoo Services is provided "AS-IS" and that Yahoo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You also understand that Yahoo is not responsible for the security or privacy of communications sent via the Yahoo Services. You are responsible for obtaining access to the Yahoo Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Yahoo Services.
You understand that the technical processing and transmission of the Yahoo Services, including your Content (defined in Section 8 below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Yahoo has created certain areas on the Yahoo Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
Please note that your Yahoo Messenger account is tied to your Yahoo Mail account. Therefore, your use of Yahoo Messenger and all Yahoo Messenger services will be subject to the TOS and laws set forth in Section 29. By using the Yahoo Services, you consent to allow Yahoo’s automated systems to scan and analyze all incoming and outgoing communications content sent and received from your account (such as Mail and Messenger content including instant messages and SMS messages) including those stored in your account to, without limitation, provide personally relevant product features and content, to match and serve targeted advertising and for spam and malware detection and abuse protection. Unless expressly stated otherwise, you will not be allowed to opt out of this feature. If you consent to this TOS and communicate with non-Yahoo users using the Services, you are responsible for notifying those users about this feature.
- DESCRIPTION AND USE OF YAHOO! MAIL AND YAHOO! MESSENGER
- Use of Software. As needed, you may install or download and use software in the Yahoo Services including any third party software, and any authorized updates provided by Yahoo (the "Software") in object code form on a personal computer or device owned or controlled by you for your own personal, non commercial use. You are only permitted to access the Yahoo Services through the Software strictly as authorized in this TOS. The Yahoo Services and its components contain software licensed from Yahoo licensors ("Licensor Software"). The Licensor Software enables the Yahoo Software to perform certain functions including, without limitation, to access proprietary data on third-party data servers. Your license to the Software continues until it is terminated by either party. You may terminate the license to the Software by discontinuing use of and destroying all copies of the Software. In addition, this Software license terminates if you violate any term of this TOS, Yahoo publicly posts a written notice of termination on Yahoo's web site, or Yahoo sends a written notice of termination to you. If your license terminates, you agree to cease any and all use of the Yahoo Services, their components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this TOS against you directly in their own name and that you are solely responsible for such claims or defenses and all costs associated with them. From time to time, Yahoo may automatically download the latest version of Yahoo Messenger and notify you when it’s ready to install.
- Saving and Accessing Information. Yahoo Messenger (including Yahoo Messenger within your Yahoo Mail and web based versions) allows you to see when your friends are online, and send and receive instant messages and other information. Yahoo Messenger (including Yahoo Messenger within your Yahoo Mail and web based versions) will also allow you, and the people with whom you communicate, to save your conversations and other information in your Yahoo Mail accounts located on Yahoo servers. This means you can access and search your message history from any computer or device with access to the Internet. Whether or not you use this feature, other users may choose to use it to save conversations and other information with you in their account located on Yahoo servers. Your agreement to this TOS constitutes your consent to allow Yahoo to store these communications and other information on its servers for back up, security and all other purposes set forth in this TOS. You are solely responsible for the content that you use or store in connection with the Services and if you wish, are solely responsible for backing up your data. Except as set forth herein, you acknowledge and agree that Yahoo does not guarantee that data associated with your account will be accessible to you, or that any data deleted, removed or rendered inaccessible can be provided to you.
- This TOS grants you no right, title or interest in any intellectual property owned or licensed by Yahoo, including, without limitation, the Services and Yahoo trademarks.
- Advertisements. You understand and agree that the Yahoo Services may include advertisements and that these advertisements are necessary for Yahoo to provide the Yahoo Services.
- Communications from Yahoo. You also understand and agree that the Services may include certain communications from Yahoo, such as service announcements and administrative messages and that you will not be able to opt out of receiving such communications.
- Accessing and Using the Yahoo Services. In order to use the Yahoo Services and those services and products within the Yahoo Services (for both free and charged services), you must obtain access to the World Wide Web, either directly or through devices that access web-based content. You are responsible for and must pay any service fees associated with such access and for all costs of any equipment used to gain such access (which could include third party fees).
- Interoperability with Other Networks. If authorized by Yahoo, Yahoo Messenger may allow you to communicate with users of other instant messaging products. In that event, you acknowledge and agree that: (i) your use of Yahoo Messenger is subject to this TOS and the terms governing the use of other instant messaging products you have agreed to, if any, that are consistent with this TOS; and (ii) users of other instant messaging products are subject to the terms governing such other instant messaging products. Yahoo assumes no responsibility for the conduct of persons or entities with which you communicate. With the exception of messages sent to you by Yahoo, Yahoo does not own or control the content of any messages sent or received by users of the Yahoo Services.
- The Yahoo Services may allow you to use different methods of communicating and sending and receiving messages, files, photos, videos and other information, including via Yahoo Messenger, Yahoo Mail, SMS, voice calling and video calling.
- Blocking. By using the Yahoo Services, you acknowledge that other users of the Yahoo Services (including Yahoo Messenger) may elect to receive a notification from the Yahoo Services when you sign on and may send you instant messages and other information or call you via the Yahoo Services. If you wish to block the notification feature of Yahoo Messenger sent to other users or if you don't want to receive messages from such users, you will have to enable the "Ignore" or similar feature separately. Your ability to send and receive instant messages and other information may be blocked by Yahoo and other users, which may partially or wholly limit your ability to use the Yahoo Services. By using the Yahoo Services, you agree that Yahoo has no responsibility for assessing or resolving any disputes arising from your or any other user's ability (or otherwise) to ignore, send messages or other information, or otherwise use the Yahoo Services.
- Yahoo Support. Yahoo may elect to provide you with customer support and/or upgrades, enhancements, or modifications for the Yahoo Services (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. You understand and agree that in the event Yahoo elects to provide you with Support, such Support is provided voluntarily in Yahoo’s sole discretion and that it does not create any contractual right to receive Support and that you may not rely upon any statement or offer of Support to create a contractual right to Support.
- Yahoo Fees. Yahoo reserves the right to charge fees for future use of or access to the Yahoo Services, or other Yahoo services and web sites, in Yahoo's sole discretion. If Yahoo decides to charge fees, Yahoo will provide you with prior notice.
- You may use optional equipment to access the Yahoo Services (e.g., a USB port phone device to access the pc-to-pc calling feature, which device may include dual functionality to access a traditional landline service which is not provided by Yahoo).
- Any third party plug-in applications that you use with the Yahoo Services are owned by and are the sole responsibility of the plug-in application developer, and it is up to you decide whether these plug-in applications, or your use of them, is legal or appropriate.
- If the Yahoo Services downloaded or accessed by you includes anti spyware features, software that is identified as "spyware" by this tool may be software that you have agreed to load onto your computer pursuant to a separate agreement with a third party. You are solely responsible for compliance with agreements you have executed with third parties.
- Any required or optional equipment or third party plug-in applications that you use to use, access, or augment the Yahoo Services, including your mobile or other device, whether required or optional, is subject to the terms, conditions, warranties and disclaimers provided by the manufacturer of such equipment or third party plug-in applications, and Yahoo makes no warranties or representations whatsoever regarding such equipment and third party plug-in applications. Please refer to the materials you received when you purchased the equipment or obtained the third party plug-in applications to understand your rights and obligations, including what warranties and disclaimers apply to you. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO SUCH EQUIPMENT OR THIRD PARTY PLUG-IN APPLICATIONS, INCLUDING ANY IMPLIED TERMS AND WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL AND AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- DIFFERENT VERSIONS OF YAHOO! MESSENGER AND OTHER YAHOO! AUTHORIZED INSTANT MESSAGE CLIENTS
Different features may be available in different versions of Yahoo Mail and Yahoo Messenger and not all features may be available to you. Also, not all features may be available if the user that you are communicating with is using a different version of Yahoo Mail or Yahoo Messenger, or is using an instant message software client offered by a non-Yahoo company.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Yahoo Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Yahoo Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Yahoo Service's registration form (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 Yahoo Services (or any portion thereof). Yahoo is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Yahoo Services must create a Yahoo Family Account. When you create a Yahoo Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Yahoo Family Account. By adding a child to your Yahoo Family Account, you also give your child permission to access many areas of the Yahoo Services, including, email, message boards and instant messaging (among others). Please remember that the Yahoo Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Yahoo Services areas and/or Content (as defined in Section 8 below) are appropriate for your child.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Yahoo 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 unauthorized use of your password or account or 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 7. You agree Yahoo provides you only with the right to access your account in accordance with this TOS and applicable rules and guidelines. If you violate this Section 7, or otherwise cannot validate your account to Yahoo, you acknowledge and agree that your account may be permanently inaccessible to you and that all data associated with the account may not be retrievable. Yahoo does not guarantee that you will have permanent access to your data used with the Yahoo Services, or that it will provide copies to you in the event data is deleted or lost. Yahoo encourages you to properly back up your data. Yahoo may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo Services or other Yahoo services or web sites without notice or liability.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Yahoo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Yahoo Services. Yahoo does not control the Content posted via the Yahoo Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Yahoo Services, 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, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Yahoo Services.
You agree to not use the Yahoo Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Yahoo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Yahoo Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Yahoo Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Yahoo Services or servers or networks connected to the Yahoo Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Yahoo Services, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
YOU MAY NOT and will not allow any third party to (except to the extent required by local law):
- Copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the applicable local laws) or improvements (as defined by the applicable local laws) to the Yahoo Services or Software or otherwise attempt to discover the source code or protocols in the Yahoo Services or Software;
- Obtain or attempt to obtain unauthorized access to the Yahoo Services or the Yahoo network;
- Incorporate the Yahoo Services or the Software, or any portion thereof, into any other service, software, hardware, or other technology manufactured or distributed by or for you;
- Use the Yahoo Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this TOS;
- Use the Yahoo Services to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake (you specifically understand that the Yahoo Services 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); or
- Sell, lease, loan, distribute, transfer, sublicense, reproduce, duplicate, copy, trade or exploit the Yahoo Services or access thereto or derive income from the use or provision of the Yahoo Services, whether for direct commercial or monetary gain or otherwise, without Yahoo's prior, express and written permission.
You acknowledge that Yahoo may or may not pre-screen Content, but that Yahoo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Yahoo Services. Without limiting the foregoing, Yahoo and its designees shall have the right to remove any Content 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. In this regard, you acknowledge that you may not rely on any Content created by Yahoo or submitted to Yahoo, including without limitation information in Yahoo Message Boards and in all other parts of the Yahoo Services.
You acknowledge, consent and agree that Yahoo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that 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 understand that the Yahoo Services and software embodied within the Yahoo Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Yahoo and/or content providers who provide content to the Yahoo Services. You may not attempt to override or circumvent any of the usage rules embedded into the Yahoo Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Yahoo Services, in whole or in part, is strictly prohibited.
- INTERSTATE NATURE OF COMMUNICATIONS ON YAHOO! NETWORK
When you register with Yahoo, you acknowledge that in using the Yahoo Services to send electronic communications (including but not limited to email, IMs, search queries, sending messages to Yahoo Chat or Messenger or Yahoo Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Yahoo's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Yahoo's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Yahoo Services and transfer, posting and uploading of software, technology, and other technical data via the Yahoo Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Yahoo Services to parties identified on such lists; (b) agree not to use the Yahoo Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Yahoo Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE YAHOO! SERVICES
Yahoo does not claim ownership of Content you submit or make available for inclusion on the Yahoo Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo Services, you grant Yahoo the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo Services solely for the purposes of providing and promoting the specific Yahoo Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo Services and will terminate at the time you remove or Yahoo removes such Content from the Yahoo Services.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo Services other than Yahoo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo Services and will terminate at the time you remove or Yahoo removes such Content from the Yahoo Services.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo Services other than Yahoo Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Yahoo Services are those areas of the Yahoo network of properties that are intended by Yahoo to be available to the general public. By way of example, publicly accessible areas of the Yahoo Services would include Yahoo Message Boards and portions of Yahoo Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Yahoo Services would not include portions of Yahoo Groups that are limited to members, Yahoo services intended for private communication such as Yahoo Mail or Yahoo Messenger, or areas off of the Yahoo network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Yahoo.
- CONTRIBUTIONS TO YAHOO!
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Yahoo through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Yahoo is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Yahoo shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Yahoo may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Yahoo without any obligation of Yahoo to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Yahoo under any circumstances.
You agree to indemnify and hold Yahoo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, transmit, modify or otherwise make available through the Yahoo Services, your use of the Yahoo Services, your connection to the Yahoo Services, your violation of the TOS, and your violation of any rights of another.
- NO COMMERCIAL REUSE OF YAHOO! SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Yahoo Services (including Content, advertisements, Software and your Yahoo ID).
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yahoo may establish general practices and limits concerning use of the Yahoo Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Yahoo Services, the maximum number of email messages that may be sent from or received by an account on the Yahoo Services, the maximum size of any email message that may be sent from or received by an account on the Yahoo Services, 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 Yahoo Services 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 Yahoo Services. 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 modify these general practices and limits from time to time.
- MODIFICATIONS TO YAHOO! SERVICES
Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Yahoo Services (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 Yahoo Services (or any part thereof).
You may terminate your Yahoo account, any associated email address and access to the Yahoo Services by submitting such termination request to Yahoo.
You agree that Yahoo may, without prior notice, immediately terminate, limit your access to or suspend your Yahoo account, any associated email address, and access to the Yahoo Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Yahoo Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Yahoo Services, if applicable. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Yahoo's sole discretion and that Yahoo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Yahoo Services.
Termination of your Yahoo account includes any or all of the following: (a) removal of access to all or part of the offerings within the Yahoo Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Yahoo Services.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Yahoo Services, 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. You agree that Yahoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Yahoo Services.
The Yahoo Services may provide, or third parties may provide, links to other World Wide Web sites or 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.
- YAHOO!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Yahoo Services and any necessary software used in connection with the Yahoo Services ("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 advertisements or information presented to you through the Yahoo Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Yahoo or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Yahoo Services, such Content or the Software, in whole or in part.
Yahoo grants you a personal, non-transferable and non-exclusive right and license 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 from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Yahoo Services. You agree not to access the Yahoo Services by any means other than through the interface that is provided by Yahoo for use in accessing the Yahoo Services.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE YAHOO! SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE YAHOO! SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 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 TITLE, 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 YAHOO! SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE YAHOO! SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YAHOO! SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE YAHOO! SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAHOO! SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO! OR THROUGH OR FROM THE YAHOO! SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE YAHOO! SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE YAHOO! SERVICE. IMMEDIATELY DISCONTINUE USE OF THE YAHOO! SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE YAHOO! SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- 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 PUNITIVE, 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: (a) THE USE OR THE INABILITY TO USE THE YAHOO! SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE YAHOO! SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE YAHOO! SERVICE.
- 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 22 AND 23 MAY NOT APPLY TO YOU.
- SPECIAL ADMONITION FOR YAHOO! 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 Yahoo Services concerning companies, stock quotes, investments or securities, please read the above Sections 22 and 23 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Yahoo Services is provided for informational purposes only, and no Content included in the Yahoo Services is intended for trading or investing purposes. Yahoo and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Yahoo Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Yahoo may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Yahoo Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Yahoo Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Yahoo Services in an authorized manner.
- TRADEMARK INFORMATION
You agree that all of Yahoo’s trademarks, trade names, service marks and other Yahoo logos and brand features, and product and service names are trademarks and the property of Yahoo Holdings, Inc. (the "Yahoo Marks"). Without Yahoo's prior permission, you agree not to display or use in any manner the Yahoo Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Yahoo respects the intellectual property of others, and we ask our users to do the same. Yahoo may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yahoo's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Yahoo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Yahoo Holdings, Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408) 349-5080
By fax: (408) 349-7821
By email: email@example.com
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Yahoo and governs your use of the Yahoo Services, superseding any prior version of this TOS between you and Yahoo with respect to the Yahoo Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yahoo services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Yahoo each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Yahoo, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Yahoo agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of 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 endeavor 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.
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. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 use of the Yahoo Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
Last updated July, 2011