Yahoo Maktoob Terms of Service
1. ACCEPTANCE OF TERMS
Yahoo! Inc. ("Yahoo") welcomes you. Yahoo provides the 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/xa/en/yahoo/terms/utos/index.html. By accessing and using the Services, you accept and agree to be bound by the terms and provision of the TOS and other documents incorporated herein. 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. In such cases the other terms of service will be posted on the relevant service to which they apply.
You are solely responsible for using the Services in compliance with any and all applicable law. If you are in a jurisdiction where download or use of the Services is prohibited or restricted or if you are below the applicable legal age required to use the Services, please click "cancel" or close your browser, as applicable, and do not download or use the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Yahoo properties, shall be subject to this TOS which you agree to by continued use of the Services.
2. DESCRIPTION OF SERVICES
Yahoo provides users with access to a rich collection of resources, including, without limitation, various communications tools, 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 (collectively, the "Services" unless otherwise noted). You understand and agree that the Services may include advertisements and that these advertisements are necessary for Yahoo to provide the Services. You also understand and agree that the 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 your membership and you will not be able to opt out of receiving them.
You understand and agree that the Services are 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 are responsible for obtaining access to the 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 Services.
You further understand and agree that access and use by you of some of the Services may be subject to payment of certain fees. You are responsible for payment of such fees to Yahoo.
3. PROCESSING THE TRANSMISSION OF SERVICES
You understand that the technical processing and transmission of the Services, including your Content (as 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.
4. MATURE CONTENT ON SERVICES
Please be aware that Yahoo has created certain areas on the Services that contain mature content. You must be at least 18 years of age to access and view such areas.
5. YOUR REGISTRATION OBLIGATIONS FOR SERVICES
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the 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 Service's registration form (the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) comply with the Terms of Service set forth herein. 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 Services (or any portion thereof). Yahoo is concerned about the safety and privacy of all users, particularly children. For this reason, parents of children under the age of 13 or who are not of the legal age to contract under applicable law and who wish to allow their children access to the 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 Services. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services areas and/or Content (as defined in Section 8 below) are appropriate for your child. You understand and agree that Yahoo shall not be responsible or liable for any use or access by your child of any inappropriate or mature Services areas and/or Content.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY ON YAHOO MAKTOOB
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 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. You agree that 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, 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 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 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
8. MEMBER CONDUCT ON YAHOO MAKTOOB
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 Services. Yahoo does not control the Content posted via the Services and, as such, Yahoo does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the 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 Services.
You agree to not use the Services to:
a. 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;
b. harm minors in any way;
c. 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;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. 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 without limitation inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. 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;
g. 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);
h. 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the Penal/Criminal Code, regulations promulgated by the U.S. Securities and Exchange Commission and 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;
l. 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;
m. "stalk" or otherwise harass another;
n. upload, post, email, transmit or otherwise make available any Content that contains advertising or other promotional material, including links to such material;
o. upload, post, email, transmit or otherwise make available any Content that relates to bypassing firewalls and proxies; and/or
p. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through o above.
You acknowledge that Yahoo may or may not screen Content. Yahoo and its designees shall have the right (but not the obligation) in its sole discretion to remove any Content. 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 Answers, and in all other parts of the 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 Services and software embodied within the 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 Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
9. INTERSTATE NATURE OF COMMUNICATIONS ON YAHOO NETWORK
When you register with Yahoo Maktoob, you acknowledge that in using the Services to send electronic communications (including but not limited to email 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 in Ireland and the United Kingdom. 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 Services may result in interstate data transmissions.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the 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, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion list (seehttp://www.bis.doc.gov/complianceandenforcement/liststocheck.htm or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws or any other applicable laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES
Yahoo does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant Yahoo a worldwide, royalty-free, non-exclusive, perpetual, irrevocable and fully sublicensable license(s) 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. This license shall continue to exist following termination of your account on Yahoo Maktoob, whether by you or Yahoo for any reason whatsoever. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you or Yahoo remove such Content from the Services.
"Publicly accessible" areas of the 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 Services would include Yahoo Answers and portions of Yahoo Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Services would not include portions of Yahoo Groups that are limited to members, Services intended for private communication such as Yahoo Mail or Yahoo Messenger, or areas 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.
12. CONTRIBUTIONS TO YAHOO MAKTOOB
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.
13. INDEMNITY FOR USE OF SERVICES
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, store, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any Rights of another.
14. NO COMMERCIAL REUSE OF 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 Services (including Content, advertisements, Software and your Yahoo ID).
15. GENERAL PRACTICES REGARDING USE AND STORAGE ON SERVICES
You acknowledge that Yahoo may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that email messages or other uploaded Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the 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 Services in a given period of time. You agree that Yahoo does not have any responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the 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 without notice to you.
Yahoo Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Yahoo accounts located on Yahoo servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Yahoo too. Your agreement to this TOS constitutes your consent to allow Yahoo to store these communications on Yahoo servers.
16. MODIFICATIONS TO SERVICES
Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the 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 Services (or any part thereof) ), or for any loss of data or messages in connection with the Services, including messages or data that you have stored. Yahoo encourages you to back up your data. Yahoo may also impose limits on certain features and services or restrict your access to parts or all of the Services or the Yahoo Maktoob website without notice or liability.
17. TERMINATION OF ACCESS TO SERVICES
You may terminate your Yahoo account, any associated email address and access to the 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 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 or in response to court orders entered by a court of competent jurisdiction, (c) discontinuance or material modification to the 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) non-payment of any fees owed by you in connection with the Services. 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 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 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 Services.
18. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 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 Services.
The 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.
20. PROPRIETARY RIGHTS OF YAHOO AND ITS RESPECTIVE AFFILIATES
You acknowledge and agree that the Services and any necessary software used in connection with the 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 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, its respective affiliates 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 Services, such Content or the Software, in whole or in part.
Yahoo and/or its respective affiliates grant 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, disassemble 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 Services. You agree not to access the Services by any means other than through the interface that is provided by Yahoo, or its respective affiliates for use in accessing the Services.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE 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.
2. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 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 SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. 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 SERVICES. 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 SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
22. 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 SERVICES, INCLUDING THE POTENTIAL LOSS OF DATA; (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 SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES.
23. 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 21 AND 22 MAY NOT APPLY TO YOU.
24. 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 Services concerning companies, stock quotes, investments or securities, please read the above Sections 21 and 22 again. They go doubly for you. In addition, for this type of information, particularly the phrase "Let the investor beware" is apt. The Services are provided for informational purposes only, and no content included in the 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 Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
25. 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.
26. NOTICE FROM YAHOO
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 relevant Services’ webpages and properties, notifications on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the 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 Services in an authorized manner.
27. 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! Inc. (the "Yahoo Marks"). Without prior permission from Yahoo! Inc. or a party validly authorized by Yahoo to grant permission, you agree not to display or use in any manner the Yahoo Marks.
28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT ON SERVICES
Yahoo respect 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 Rights have been otherwise violated, please provide Yahoo's Copyright Agent the following information (your "Notice"):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. 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! Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408) 349-5080
By fax: (408) 349-7821
By email: email@example.com
29. GENERAL INFORMATION REGARDING THESE TERMS OF SERVICE
Entire Agreement. This TOS and the documents incorporated herein and other referenced documents constitute the entire agreement between you and Yahoo and govern your use of the Services, superseding any prior version of this TOS between you and Yahoo, or you and Maktoob.com Inc. with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. In relation to the Services, you and Yahoo each agree that this 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 associated with your Yahoo ID (regardless of service) 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 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 15 February 2016