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C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RIS K 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 OR OTHER OBLIGATION NOT EXPRESSLY STATED IN
THE TOS.
18.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YAHOO! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELA TED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR
EXCLUDE OR RESTRICT ANY LIA BIITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR
FRAUD OF YAHOO!.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go
doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is
provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes.
Yahoo! shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the
Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Yahoo!, the Yahoo! logo, Yahoo! in Chinese Characters, Yahooligans!, the Yahooligans! logo, YAHOO! KIDS, Yahoo! Kids
logo, the “Jumpin Y Guy” logo, Do you Yahoo!?, Y!, Y! stylised, My Yahoo!, Eyeballs design, Homework Answers, The
Scoop, Get Local, the Worlds Favorite Internet Guide, the Sunglasses design, e Café Yahoo!, Viaweb, Shop Find, EZSpree,
EZWheels, I Shops, Permission Marketing, Yoyodyne, Get Rich Click, and Geocities trademarks and service marks, and
other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the “Yahoo! Marks”). Without Yahoo’s prior
permission, you agree not to display or use in any manner, the Yahoo! Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Yahoo! respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your
intellectual property rights have been infringed on the Service, please go to our copyright policy to report the problem.
24. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Yahoo! and
govern your use of the Service, superseding any prior agreements between you and Yahoo! You also may be subject to
additional terms and conditions that may apply when you use afliate services, third-party content or third-party software. The
TOS and the relationship between you and Yahoo! shall be governed by the laws of England. You and Yahoo! agree to submit
to the exclusive jurisdiction of the English courts. Any failure by Yahoo! to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reected
in the provision, and the other provisions of the TOS remain in full force and effect.
Neither you nor Yahoo! may assign or transfer any rights or obligations under these TOS without the prior written consent of
the other party, except that Yahoo! shall be entitled to assign or transfer any or all of its rights and obligations (without your
prior consent) to any of its afliated companies.
The section titles in the TOS are for convenience only and have no legal or contractual effect. No Right of Survivorship and
Non-Transferability. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! ID or contents
within your account terminate upon your death. Any free account that has not been used for a certain period of time may be
terminated and all contents therein permanently deleted in line with Yahoo!’s policy.
25. VIOLATIONS
Please report any violations of the TOS to Yahoo! Customer Care.
BN68-01700D-ENG.indb 66 2008-08-06 �� 10:11:54