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Welcome to Yahoo!. Yahoo provides its service 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: http://ca.docs.yahoo.com/info/tos.html. In addition, when
using
particular Yahoo services, you and Yahoo shall be subject to any
posted
guidelines or rules applicable to such services which may be posted
from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS. If you are a homesteader on Yahoo's GeoCities
Service, please note that Yahoo provides a different Terms of
Service for you. Yahoo also may offer other services from time to
time, such as Yahoo! Store and Yahoo! Site that are governed by
different
Terms of Services. These TOS do not apply to the Yahoo GeoCities
Service,
Yahoo! Store or Yahoo! Site or such other services.
2. DESCRIPTION OF SERVICE
Yahoo currently provides users with access to a rich collection of
resources, including, various communications tools, forums, shopping
services, personalized content and branded programming through its
network
of properties (the "Service"). You understand and agree that the
Service may include advertisements and that these advertisements are
necessary for Yahoo to provide 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 understand 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
personalization settings.
You are responsible for obtaining access to the Service 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 Service.
Please be aware that Yahoo has created certain areas on the Service
that contain adult or mature content. You must have attained the age
of majority in the province or territory in which you live to access and
view such Services and areas.
3. YOUR REGISTRATION OBLIGATIONS
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 w ho wish to allow their children access to the Service should assist them in setting up any relevant accounts and superv ise 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 de termine 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, see our full privacy policy
at
http://privacy.yahoo.com/privacy/ca/, or if you came
from
Yahooligans!, then see our Yahooligans! privacy policy at http://www.yahooligans.com/docs/privacy/.
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 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 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or 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, transmit or otherwise make available 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 understand 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, transmitted or otherwise made available via the
Service.
You agree to not use the Service 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 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
rooms) that are designated for such purpose; |
| 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 Service 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 Service or servers or networks
connected to the Service, or disobey any requirements,
procedures,
policies or regulations of networks connected to the
Service; |
| k. |
intentionally or unintentionally violate any applicable local,
provincial, national or international law, including, but not
limited to,
regulations promulgated by any provincial or territorial securities commissions,
any rules of any national or other securities exchange,
including, without limitation, the Toronto Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations
having
the force of law; |
| l. |
"stalk" or otherwise harass another; or |
| m. |
collect or store personal data about other
users. |
You acknowledge that Yahoo does not pre-screen Content, but that
Yahoo
and its designees shall have the right (but not the obligation) in
their
sole discretion to refuse or move any Content that is available via
the
Service. 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, Yahoo! Clubs, and in all other parts of the Service.
You acknowledge and agree that Yahoo may preserve Content and may
also
disclose Content if required to do so by law or in the good faith
belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims
that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Yahoo, its users and the
public.
You understand that the technical processing and transmission of
the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the
transmission of technical data exported from Canada or the
country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Yahoo does not claim ownership of Content you submit or make
available
for inclusion on the Service. However, with respect to Content you
submit
or make available for inclusion on publicly accessible areas of the
Service, you grant Yahoo the following world-wide, 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! Clubs and Yahoo! Groups, the
license to use, distribute, reproduce, modify, adapt, publicly
perform
and publicly display such Content on the Service solely for the
purposes
of providing and promoting the specific Yahoo! Club or 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
Service and will terminate at the time you remove or Yahoo removes
such
Content from the Service.
- With respect to photos, graphics, audio or video you submit or
make
available for inclusion on publicly accessible areas of the Service
other
than Yahoo! Clubs or Yahoo! Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service 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 Service and will
terminate at the time you remove or Yahoo removes such Content from
the
Service.
- With respect to Content other than photos, graphics, audio or
video
you submit or make available for inclusion on publicly accessible
areas
of the Service other than Yahoo! Clubs or 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 Service 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
Service would include Yahoo! Message Boards and portions of Yahoo!
Clubs
and Yahoo! Groups that are open to both members and visitors. However,
publicly accessible areas of the Service would not include portions of
Yahoo! Clubs and 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 through Yahoo!
Webring but are not hosted or served by Yahoo.
9. INDEMNITY
You agree to indemnify and hold Yahoo, and its parent company,
subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
legal fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available 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 without 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 the 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
Your correspondence or business dealings with, or participation in
promotions of, advertisers 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. 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 Service.
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 authorized 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 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 of, 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,
or
to use modified versions of the Software, including (without
limitation)
for the purpose of obtaining unauthorized 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. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY
DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
YAHOO MAKES NO WARRANTY, REPRESENTATIONS AND CONDITIONS THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM YAHOO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE
TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND 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.
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.
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 and its licensors shall not be responsible or liable
for
the accuracy, usefulness or availability of any information
transmitted or
made available 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! design, the "Jumpin Y Guy" logo, Do you Yahoo!?, Y!,
Y!
stylized, 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 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:
By mail:
Anthony P. Coll
Copyright Agent
c/o Yahoo!
Inc.
701 First Avenue
Sunnyvale, CA 94089
By phone: (408)
349-5080
By email: copyright@yahoo-inc.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Yahoo and
govern your use of the Service, superceding 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 the province of Ontario and Canada
without regard to
its conflict of law provisions. You and Yahoo agree to submit to the
personal and exclusive jurisdiction of the courts located within the
province of Ontario, Canada. 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. 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 Service 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.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
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