11. GENERAL PRACTICES REGARDING USE AND STORAGE
Y ou acknowledge that Y ahoo! may establish general practices and limits concerning use of the Service, including with out
limitation the maximum number of days that email messages, message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages that may be sent from or received by an account on
the Service, the maximum size of any email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Y ahoo’ 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. Y ou agree that Y ahoo! 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. Y ou acknowledge that Y ahoo! reserves the right to log of f accounts that are inactive
for an extended period of time. Y ou further acknowledge that Y ahoo! reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
12. MODIFICA TIONS TO SER VICE
Y ahoo! 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. Y ou agree that Y ahoo! shall not be liable to you or to any third party for any
modication, suspension or discontinuance of the Service.
13. TERMINA TION
Y ou agree that Y ahoo! in its sole discretion, may terminate your password, accou nt (or any part thereof) or use of t he
Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use
or if Y ahoo! believes that you have violated or acted inconsistently with the letter or spirit of the T OS. Y ahoo! may also in
its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Y ou agree
that any termination of your access to the Service under any provision of this T
OS may be effected without prior notice, and
acknowledge and agree that Y ahoo! may immediately deactivate or delete your account and all related information and les
in your account and/or bar any further access to such les or the Service. Further , you agree that
Y ahoo! shall not be liable to
you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Y our correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or
through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such advertiser or merchant. T o the fullest
extent permitted by applicable law , you agree that: (a) Y ahoo! shall not be responsible or liable for any loss or damage of
any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on
the Service, and (b) any orders placed by you on, and any product specications and product availability appearing on,
the Service (including, without limitation, Y ahoo! Shopping) are subject to conrmation by , and the terms and conditions of
business of, the relevant Merchant.
15. LINKS
The Service may provide, or third parties may provide, links to other World Wide W
eb sites or resources. Because Y ahoo!
has no control over such sites and resources, you acknowledge and agree that Y
ahoo! 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. Y
ou further acknowledge and agree that Y ahoo! 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. Y AHOO’S PROPRIET AR Y RIGHTS
Y ou acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”)
contain proprietary and condential information that is protected by applicable intellectual property and other laws.
Y ou
further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by Y ahoo! 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.
Y ahoo! grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software
on a single computer; provided that you do not (and do not allow any third party to) copy
, modify , create a derivative work
of, reverse engineer , reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a
security interest in or otherwise transfer any right in the Software. The foregoing i
s subject to applicable statute and other
express law . Y ou agree not to modify the Software in any manner or form, or to use modied versions of the Software,
including (without limitation) for the purpose of obtaining unauthorised access to the Service. Y ou agree not to access the
Service by any means other than through the interface that is provided by Y ahoo! for use in accessing the Service.
17. DISCLAIMERS
YOU EXPRESSL Y ACKNOWLEDGE AND AGREE THA T :
A.
YOUR USE OF THE SERVICE IS A T YOUR SOLE RISK. THE SER VICE IS PROVIDED ON AN “AS IS” AND “AS
A V AILABLE” BASIS. TO TH E FULLEST EXTENT PERMITTED BY APPLICABLE LA W , Y AHOO! EXPRESSL Y
DISCLAIMS ALL W ARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANT ABILITY , SA TISF ACTORY Q
UALITY , FITNESS FOR A P AR TICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SER VICES T O
A ST ANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY RIGHT .
B.
Y AHOO! MAKES NO W ARRANTY OR REPRESENT A TION THA T (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SER VICE WILL BE UNINTERRUPTED, TIMEL Y , SECURE, OR ERROR-FREE, (iii) THE
RESUL TS THA T MA Y BE OBT AINED FROM THE USE OF THE SERVICE WIL L BE ACCURA TE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMA TION, OR OTHER MA TERIAL PURCHASED OR OBT A
INED BY YOU THROUGH THE SER VICE WILL MEET YOUR EXPECT A TIONS, AND (V) ANY ERRORS IN THE
SOFTW ARE WILL BE CORRECTED.
BN68-01700A-ENG.indb 65 2008-07-31 �� 6:26:52