These Yahoo!
Application Programming Interface Terms and Conditions (this "Agreement") are a binding, legal agreement,
between Yahoo! Inc. and its Affiliates (“Yahoo!,” “us” or “we”) and You, the individual or entity entering into this
Agreement (“You”). This Agreement governs Your license and
access to Yahoo! APIs (individually and
collectively, the “Yahoo! APIs”) and
their specifications (the “Yahoo! API Specifications”) and
is binding upon You whether You are acting on Your own behalf or are acting on
behalf of a third party, such as an Account Owner. If
You are acting on behalf of a third party that is being issued Yahoo! API
Credentials for the Yahoo! APIs, You represent that You have the authority to manage
and access the account of such party.
Similarly, You agree to ensure that any agent, representative, employee
or other person or entity acting on Your behalf in connection with accessing
the Yahoo! APIs complies with the terms of this Agreement. You understand that You are responsible and liable for the
acts and omissions of anyone accessing the Yahoo! APIs on Your behalf,
including such person’s or entity’s failure to comply with this Agreement. If a person
or entity is accessing the Yahoo! APIs on Your behalf, “You” or “Your” shall be
deemed to include any such person or entity.
By using
the Yahoo! APIs, You are agreeing to the terms of this Agreement. If you disagree with any of the terms in
this Agreement, Yahoo! does not grant you a license to use the Yahoo! APIs.
The Yahoo! APIs are a feature of Yahoo!’s
various advertising programs and You acknowledge that any use of the Yahoo!
APIs in connection with those programs, including, but not limited to,
production access to APT from Yahoo!, may be subject to additional, separate
(i.e., stand alone) agreements between You and the applicable Yahoo! entity.
I. Definitions
To “access” or “use” the
"the Yahoo! APIs" means: (i) any use of the Yahoo! APIs
including, without limitation, using the Yahoo! APIs to communicate with any Yahoo!
server or Yahoo! commercial advertising account; (ii) any use of the Yahoo! API
Specifications including, without limitation, any use of the services or data
types described within the Yahoo! API Specifications; and/or (iii) the use,
distribution and/or development of a Yahoo! API Client.
An "Account Owner"
means the owner of record of a Yahoo! commercial advertising account or a
person or entity whom the owner of record has authorized to access and manage
that account.
“Affiliate” of a party means an entity that controls, is controlled
by or is under common control with that party, where “control” means the power
to direct the management and policies of such entity or ownership of at least
fifty (50) percent of such entity, and includes that entity’s officers, directors,
agents, employees, successors and assigns.
“Yahoo! API Client"
means any software that can access or communicate with Yahoo!’s servers using
the Yahoo! APIs.
"Yahoo! API Credentials" means a license key provided
to You that enables You to access Yahoo!’s servers through the Yahoo! API
Client.
"Yahoo! API Data"
means any data, information, instruction or content which You provide to Yahoo!
and/or that Yahoo! sends back to You (or the Account Owner) using the Yahoo! APIs.
“Yahoo! API Specifications” means all information and documentation
Yahoo! provides specifying or concerning the Yahoo! APIs and any
Yahoo!-supplied implementations or methods of use of the Yahoo! APIs.
II. Grant of Rights to Use the Yahoo!
APIs
a. Permission
to Use. Subject to Your compliance with all the terms and conditions of
this Agreement, Yahoo! grants You a non-exclusive, non-transferable,
non-sublicensable right and license to access and use the Yahoo! APIs, solely
using Your own Yahoo! API Credentials or Yahoo! API Credentials that You are
expressly authorized to use, and solely for the purposes of: (i) developing a Yahoo! API Client; or
(ii) managing a Yahoo! commercial advertising account via the Yahoo! API Client
that You either own or are expressly authorized to manage and access. Any Yahoo! API Data that You or the
Yahoo! API Client gather or receive from Yahoo! will be limited to information
permitted and reasonably necessary to perform Your services under this
Agreement.
At present, there are no fees charged under this Agreement for
Yahoo! API access and use, however, at a future date fees may be charged if
appropriate and applicable.
b.
Restrictions and Requirements of Use.
(1) No Transfer of
Materials. You may not
disclose or transfer, in whole or in part, Your access to the Yahoo! APIs, Yahoo!
API Specifications or Your Yahoo! API Credentials to any third party unless
such third party: (i) is Your agent acting on Your behalf; and (ii) has
executed a written agreement agreeing to comply with the terms of this
Agreement, including protecting Yahoo!’s Confidential Information and
intellectual property rights to at least the same degree as this Agreement. You
are fully responsible and liable for any use of Your Yahoo! API Credentials. You
must notify Yahoo! immediately if Your Yahoo! API Credentials are stolen or
leaked.
(2) No Transfer of Yahoo! API Data; Spam. If You are managing and accessing an
Account Owner’s account on their behalf, You may not disclose, sublicense,
distribute or otherwise transfer, in whole or in part, any Yahoo! API Data to
any third party except to the applicable Account Owner. Similarly,
(i) neither You nor the Yahoo! API Client shall collect any information from
Account Owners without their express permission; (ii) You will not send or
facilitate the sending of unsolicited communications of any type or use Account
Owner information to solicit users in any way or facilitate or permit third
parties to do so; and (iii) You will not solicit users, or facilitate the
solicitation by any third party of users, as a result of their status as Account
Owners or Yahoo! users.
(3) Security.
You will use Your best efforts to ensure that the Yahoo! API Data, Your Yahoo!
API Credentials and the Yahoo! API Specifications are kept confidential (in
accordance with subsection V. b. below) and maintained in a secure environment
at all times, according to commonly acceptable security standards for
enterprise data. All data transfers
using the Yahoo! APIs shall be secured using at least 128 Bit SSL encryption,
or for transmissions directly with Yahoo!, at least as secure as the protocol
being accepted by Yahoo! API servers.
If You are managing and accessing
an Account Owner’s account on their behalf, You shall safeguard the privacy and security of all information
You collect from and provide to such Account Owner.
Similarly, any use by
You or the Yahoo! API Client of Account Owner information is subject to Your
privacy policy, which shall be adequately displayed throughout the Yahoo! API
Client and meets current industry and legal standards. If You
discover or suspect any security flaw or security issue related to Your use of
the Yahoo! APIs, You will report it immediately to security@yahoo-inc.com.
(4) Yahoo! API Clients.
(A) Without limiting any other
restrictions set forth in this Agreement, neither You nor the Yahoo! API
Clients will: (i) use or transfer Yahoo! API Data except as expressly permitted
under this Agreement; (ii) collect personally identifiable information from any
person without obtaining such person’s express, affirmative and informed
consent to do so; (iii) co-mingle any Yahoo! API Data with the data or content
of any third party; (iv) interfere or attempt to interfere with the proper
workings of the Yahoo! APIs or interfere with or attempt to interfere with any
monitoring by Yahoo! of Yahoo! API activity; (v) use any automated means other
than the Yahoo! APIs, including, without limitation, agents, robots, scripts or
spiders, to access, query or otherwise collect Yahoo!-related information
(including, without limitation, Yahoo! API Data) from Yahoo! or any Yahoo!
partner site; (vi) attempt to bypass or circumvent any Yahoo! security measures
relating to the Yahoo! APIs; (vii) take any action that imposes an unreasonably
or disproportionately large burden on Yahoo!’s infrastructure, including the
Yahoo! APIs, as determined by Yahoo! in its sole discretion; or (viii) otherwise
engage in any practice in connection with Your use of the Yahoo! APIs that
might reasonably be considered to be unlawful, fraudulent, deceptive, unethical
or misleading.
(B) The Yahoo! API Clients
shall: (i) comply with all applicable laws, rules and regulations and not
infringe the intellectual property rights of any third party; (ii) if You are managing and accessing an Account Owner’s account on their
behalf, enable the applicable Account Owner to associate their account(s) with
the services and/or functionality You provide via the Yahoo! API Client; and (iii)
use the most current version of the applicable Yahoo! APIs. You shall update all Yahoo! API Clients
within ninety (90) days following the release of a new version of the applicable
Yahoo! APIs and cease distribution of any Yahoo! API Client using the prior
version of the applicable Yahoo! APIs within such ninety (90) day period. You understand that Yahoo! may cease
all support of prior versions of the Yahoo! APIs at any time.
c. Reservation of Rights. Yahoo! reserves all rights not expressly granted to You
herein. As between You and Yahoo!,
Yahoo! and its applicable licensors retain all intellectual property rights
(including all patent, trademark, copyright and other proprietary rights) in
and to the Yahoo! APIs, the Yahoo! API Specifications, Your Yahoo! API
Credentials, all Yahoo! websites and all Yahoo! programs and services, as well
as any derivative works in connection therewith. Except as otherwise expressly set forth in this Agreement,
all rights granted herein are not sublicenseable, transferable or assignable.
III. Additional Requirements Related to Your
Use of the Yahoo! APIs
a.
Compliance. You must comply with all
applicable laws, rules and regulations, all third party rights and all
applicable Yahoo! policies in connection with Your use of the Yahoo! APIs and Yahoo!
API Specifications. You will make
the Yahoo! API Client available to Yahoo! for inspection and review upon
reasonable notice and, if You are managing and accessing an Account Owner’s account on their
behalf, You will provide Yahoo! with a list of Account Owners that You are
managing using the Yahoo! API Client.
Yahoo! and its Affiliates shall not have any liability for any
suggestions made to You (or the Account Owner(s)) in connection with the use of
the Yahoo! APIs, Yahoo! API Specifications and/or Yahoo! API Client, nor for
any changes made based on such suggestions.
b. Account Owner Opt-Out. If You are managing and accessing an Account Owner’s account on their
behalf, You acknowledge and understand that any Account Owner may disassociate
their Yahoo! commercial advertising accounts from Your services and prevent You
from using their Yahoo! API Credentials to access their Yahoo! commercial
advertising accounts at any time without notice to You. You agree to
provide an easy to use, accessible, conspicuous and readily available opt-out
method for Account Owners that
desire You or the Yahoo! API Client to stop accessing their account and to
promptly comply with such opt-out.
c. Yahoo! Trademark Use. Unless otherwise set forth in a
separate agreement between You and Yahoo!, and except as may be necessary in
Your Yahoo! API Client to textually reference Yahoo!, You will not use any
Yahoo! or Yahoo! Affiliate name, trademark, logo, service mark and/or trade
name (the “Trademark” or “Trademarks”) in
connection with this Agreement. Upon
Yahoo!’s request, You will remove or replace any Trademark within three (3)
business days upon receiving such request. Except as otherwise provided herein, all use, display or
reproduction of the Trademarks must be pre-approved by us in writing and in
accordance with this Agreement and the Yahoo! Trademark Guidelines attached
hereto as Exhibit A. Your use of
the Trademarks does not confer or imply any ownership, goodwill or other rights
in the Trademarks. You acknowledge
that all right, title and interest in the Trademarks and the goodwill
pertaining thereto automatically vests in Yahoo! or its applicable Affiliate,
and at all times will remain owned by and in the name of Yahoo! or its
applicable Affiliate. You will
not, at any time, in any jurisdiction, challenge or assist third parties in
challenging Yahoo!’s rights in any of the Trademarks, nor attempt to register or
use any of the Trademarks or any word, symbol, device or combination thereof confusingly
similar to any Trademark.
d. Access to Yahoo! Systems (Sessions). If the Yahoo! API Client logs into any Yahoo!
system, it must also log out for each session it creates because the Yahoo!
system may not automatically end sessions by time-out.
e. Display of Content. Information obtained via the Yahoo! APIs
must be: (i) displayed only within
the Yahoo! API Client; and (ii) disclosed only to the Account Owner to whom
such information directly pertains, consistent with this Agreement.
f. Required Disclosures. You must display a prominent disclosure
on the Yahoo! API Client that the Account Owner’s Yahoo! API Credentials, account
information and Yahoo! API Data are communicated to and from Yahoo! and its
Affiliates via the public Internet.
In addition, You must display a statement substantially similar to the
following statement on the same screen as, and immediately above, every place
within the Yahoo! API Client where a user enters, edits or modifies the Account
Owner’s Yahoo! API Credentials:
“You are about to provide Your personal Yahoo! account information to
[INSERT YOUR NAME]. By so doing You
are designating [INSERT YOUR NAME] to act as Your authorized agent to make
changes to Your Yahoo! account.
You are liable to Yahoo! for any charges to Your account made using Your
account information. Yahoo! is not
responsible for errors made by or through the use of this product or service.”
g. Messaging. You shall not describe Yourself and/or
the Yahoo! API Client as being in any way endorsed by Yahoo!, including
describing the Yahoo! API Client as “endorsed,” “certified,” “authorized,”
“preferred,” “selected” or “chosen” by Yahoo! except that You may, upon our
prior written approval and provided that You are in compliance with this
Agreement, describe the Yahoo! API Client as a “Yahoo!-approved third party service”
or “Yahoo!-approved third party application.” You shall not refer to Your relationship with Yahoo! or any
of its Affiliates as a partnership or alliance of any kind, but You may
describe Your relationship with us as an “agreement.”
IV. Yahoo!’s Rights and Obligations related
to Use of the Yahoo! APIs
a. No Guaranteed Access to Yahoo! APIs. Yahoo! may suspend or terminate Your
access to the Yahoo! APIs, or modify any of the Yahoo! API Specifications or
methods of accessing the Yahoo! APIs, for any or no reason at any time without
notice. You acknowledge that You are solely responsible for all necessary data
backup and for ensuring that, if You are managing
and accessing an Account Owner’s account on their behalf, You can
manage the applicable Yahoo! commercial advertising accounts without access to the
Yahoo! APIs. This Agreement does
not create any right to rely upon the continued availability of and/or access
to the Yahoo! APIs and/or the Yahoo! API Specifications. You expressly waive
any right to assert any estoppel claim, contract claim or any other legal claim
relating to the availability of and/or access to the Yahoo! APIs and/or the
Yahoo! API Specifications.
b.
Yahoo! Monitoring. Yahoo! has the right (but not the obligation)
to monitor any Yahoo! API activity for any lawful purpose, including, without
limitation, to ensure compliance with this Agreement and/or to improve Yahoo!’s
products and services. You shall
not interfere with or attempt to interfere with such monitoring or otherwise
obscure from Yahoo! Your Yahoo! API activity. Yahoo! may use any technical
means to overcome such interference.
c. Usage and Quotas. Yahoo! may, at any time and in its sole
discretion, set a quota on Your usage of the Yahoo! APIs or on the amount of
data You can transfer using the Yahoo! APIs. You shall not exceed any such quotas, or take any action
designed to or that has the effect of, increasing or avoiding such usage
quotas. Yahoo! may also impose limits on certain features and services or
restrict Your access to parts or all of the Yahoo! APIs or Yahoo! websites
without notice or liability.
d.
Technical Support and Training. In its sole discretion, Yahoo! may elect to provide You with
technical support for the Yahoo! APIs and/or Yahoo! API Specifications, and may
terminate or modify such support at any time without notice or liability to
You. You agree to ensure that any
of Your personnel who market the Yahoo! API Client shall become and remain
knowledgeable about the Yahoo! APIs and the Yahoo! API Client.
e. Publicity. Yahoo! may use Your name
and/or logo in presentations, marketing materials, customer lists, financial
reports, Web site listings of customers, research and marketing case studies
and other promotional activities. Except
as provided in the preceding sentence, neither party will issue a press release
or make any public announcement regarding the existence, subject matter or
terms of this Agreement without the other party’s prior express written consent
as to the issuance and substance of such release or announcement.
f. Data. As between the parties, You, or if You are managing and accessing an Account Owner’s account on their behalf, the Account Owner, own and retain all right, title and interest
(subject to the limitations set forth in this Agreement if You are managing and accessing an Account Owner’s account on their behalf) in and to all data derived from Your use of the Yahoo! APIs and Yahoo!
API Client, provided, however, that You hereby grant us the right to use and
disclose data derived from Your use of the Yahoo! APIs solely: (i) as part of
our business operations, to use and disclose aggregate statistics obtained
and/or derived in connection with Your use of the Yahoo! APIs in a manner that
prevents individual identification of You or Your information (or the Account
Owner’s, as applicable); (ii) to (a) perform our obligations under this
Agreement; (b) operate, manage, test, maintain and enhance the Yahoo! APIs and
other Yahoo! products, programs and/or services; and/or (c) protect the Yahoo!
APIs from what, in our reasonable determination, is a threat to the Yahoo! APIs
or other Yahoo! products, programs and/or services; (iii) if required by court
order or law or required or requested by any governmental agency; and/or (iv)
as otherwise expressly authorized by You.
g.
Competing Applications.
Notwithstanding anything to the contrary in this Agreement, Yahoo! has the
right to develop, create, obtain, modify, transfer, provide and/or distribute,
whether privately, commercially, or otherwise, any and all applications
(including third party applications) in connection with Yahoo!’s commercial
advertising programs and/or the Yahoo! APIs (“Competing Applications”), regardless of the means, methods,
applications, materials or processes employed by Yahoo!, and regardless of
whether such Competing Applications include some or all the functionality of
the Yahoo! API Client or the Yahoo! APIs.
Yahoo! and its Affiliates will not be subject to, nor liable for, any claims
in connection therewith.
V. General Terms and Conditions.
a. Termination. Any
licenses expressly granted in this Agreement will terminate automatically
without notice if You fail to comply with any provision of this Agreement. Yahoo!
reserves the right to terminate this Agreement or discontinue the Yahoo! APIs
or any portion or feature thereof (including, without limitation, the Yahoo!
API Specifications) for any or no reason and at any time without incurring any liability. You may terminate this Agreement by
sending written notice of Your desire to terminate to ews-info@yahoo-inc.com (or
such other email address as may be provided by Yahoo! from time to time). This
Agreement will be deemed terminated within ten (10) business days of Yahoo!’s receipt
of Your notice. Upon any termination or notice of any discontinuance, You shall
immediately: (i) stop and thereafter desist from using the Yahoo! APIs; (ii)
stop distributing and developing the Yahoo! API Client(s); (iii) delete and/or
return all Yahoo! API Specifications in Your possession or control (including,
without limitation, from the Yahoo! API Client(s) and from Your servers); and
(iv) if requested by Yahoo!, certify in writing as to such destruction or
return. Yahoo! may independently
communicate with any Account Owner whose accounts are associated with the Yahoo!
API Credentials, including to provide notice of the termination of Your right
to use the Yahoo! APIs and any resulting consequences. All provisions that by their nature
extend past the termination or expiration of this Agreement shall survive and
will continue to bind each party in accordance with their terms, including, but
not limited to, Section V.
b. Confidentiality.
You shall not disclose Yahoo!’s Confidential Information to any third party
without Yahoo!’s express prior written consent, provided, however that You may
disclose Yahoo’s Confidential Information only to Your employees,
representatives and agents who have a reasonable need to know such information
and who are bound to keep such information confidential in a manner consistent
with this Agreement. “Confidential Information” of Yahoo! means all nonpublic
or proprietary information of Yahoo!, including, without limitation: (a) all Yahoo! technology,
programming, software specifications, materials, guidelines and documentation
relating to the Yahoo! APIs; (b) the Yahoo! API Specifications; and (c) any
other information designated by Yahoo! as "Confidential" or
“Proprietary” or a similar designation, or any other information which should
reasonably be understood to be confidential or proprietary to Yahoo!. The obligations set forth above will
not apply to Yahoo!’s Confidential Information that You can document is
generally available to the public (other than through a breach of this
Agreement). You may also disclose
Yahoo! Confidential Information that is required to be disclosed in response to
a valid court order or other governmental authority, provided that You provide Yahoo!
with sufficient prior written notice to permit Yahoo! the opportunity to seek a
protective order. You will use reasonable efforts to seek confidential
treatment of such Confidential Information (in the absence of a protective
order), and disclose only that portion of information that is legally required
to be disclosed.
c. Indemnification. You shall
indemnify, defend and hold Yahoo! and its Affiliates harmless from and against
any and all third-party claims, actions, losses, damages, liability, costs and
expenses (including reasonable attorney’s fees), arising out of or in connection
with: (i) Your use of the Yahoo! APIs,
Yahoo! API Credentials, Yahoo! API Data or Yahoo! API Specifications; (ii) any
breach by You of this Agreement; (iii) Your development, use, operation or
distribution of the Yahoo! API Client, including, without limitation, any
infringement of any third-party proprietary rights by such application; and/or
(iv) any dispute between You and any Account Owner or third party related to
Your use of the Yahoo! APIs or Your management or access of an Account Owner’s
Yahoo! commercial advertising account (collectively,
“Claims”). You will be solely
responsible for defending any Claims, subject to Yahoo!’s right to participate at
its own expense with counsel it selects, and You will not agree to any
settlement of such Claims without Yahoo!’s prior written consent.
d. Disclaimer and Limitation of Liability.
YAHOO! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES FOR NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. YAHOO! PROVIDES THE YAHOO! APIS, YAHOO! API CREDENTIALS
AND YAHOO! API SPECIFICATIONS ON AN “AS IS” BASIS. WITHOUT LIMITING THE ABOVE, YAHOO! DOES NOT WARRANT THAT THE
YAHOO! APIS WILL BE ERROR FREE OR AVAILABLE WITHOUT INTERRUPTION OR BUGS. YAHOO!
AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, EXEMPLARY, PUNITIVE, LOSS PROFITS, BUSINESS INTERRUPTION, LOSS OF OR
INTERRUPTED ACCESS TO INFORMATION, DATA OR OTHER SIMILAR DAMAGES, WHETHER IN
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH THIS AGREEMENT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE YAHOO! APIS, YAHOO! API CREDENTIALS AND
YAHOO! API SPECIFICATIONS ARE MADE AVAILABLE PRIMARILY AS A CONVENIENCE TO YOU
AND, AS SUCH, YOU AGREE THAT THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF
RISK BETWEEN THE PARTIES.
e. Modification. Yahoo!
may modify this Agreement at any time and in its sole discretion, by posting
the modified Agreement on the applicable Yahoo! website or by e-mail, and such
modified Agreement shall supersede and replace the previous version. If You do not agree to such
modifications, Your sole remedy is to terminate this Agreement upon written notice
to Yahoo!. Your continued use of
the Yahoo! APIs, Yahoo! API Credentials and/or Yahoo! API Specifications and/or
development or use of a Yahoo! API Client shall be deemed to be acceptance by
You of the modified Agreement.
f. Account Owner Disputes. If You are managing and accessing an Account Owner’s account on their
behalf and an Account Owner claims that (i) You are not its authorized agent
and it is not legally bound to Yahoo! and/or its Affiliates for charges to its
commercial advertising account made as a result of Your actions; or (ii) it has
not expressly authorized changes made by You to its commercial advertising
account, You shall be liable (jointly and severally with the Account Owner) for
all charges resulting from changes made by You to the Account Owner’s
commercial advertising account.
g. Miscellaneous. This Agreement shall
be governed by the laws of the State of California, without regard to its
conflict of laws rules or principles. The jurisdiction and venue for all
disputes hereunder shall be the State of California, County of Los Angeles or
Santa Clara, and You and Yahoo! consent to personal jurisdiction in those
courts. Any claim against Yahoo! and/or its Affiliates will be adjudicated on
an individual basis and will not be consolidated in any proceeding with any
claim or controversy of any other party. This Agreement represents the entire
understanding between the parties and supersedes all prior agreements, oral or
written, relating to the subject matter hereof. Yahoo! may provide notices to You, at Yahoo!’s option, by
email to the email address provided by You to Yahoo!, or by mail to the postal
address provided by You to Yahoo!.
It is Your responsibility to ensure that Your email address and any
other contact information You provide to Yahoo! is updated and correct. Changes to Your contact information
should be sent to Your designated API service representative or via email to ews-info@yahoo-inc.com. All other notices to Yahoo! shall be
made in writing to: Yahoo! Inc.,
ATTN: Legal Department, 2 Park Avenue, Suite 450, New York, NY 10016 and shall
be sent by registered or certified first-class mail, return receipt requested,
telecopier, courier service or personal delivery and shall be deemed received
upon delivery. You and Yahoo! are
independent contractors and nothing in this Agreement shall give You the right,
power or authority to create any obligation or responsibility on behalf of
Yahoo!. No failure or delay on the
part of Yahoo! in exercising any right, power or remedy under this Agreement
shall operate as a waiver, nor shall any single or partial exercise of any such
right, power or remedy preclude any other or further exercise or the exercise
of any other right, power or remedy. You may not assign this Agreement, or any
right or obligation hereunder, to any third party without Yahoo!’s express
prior written consent. Any
provision of this Agreement which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective only to the minimum
extent necessary without invalidating the remaining provisions of this
Agreement or affecting the validity or enforceability of such provisions in any
other jurisdiction. The section
headings and subheadings contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect this Agreement.
Exhibit A
YAHOO! TRADEMARK GUIDELINES
4. You
may not use the Trademarks in any manner that implies sponsorship or
endorsement by Yahoo! or its Affiliates of services and products other than
those provided by Yahoo! or its Affiliates.
Schedule 1 – Request for Approval Form
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Request For Approval to Use Yahoo! Trademarks |
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Print this form, provide the required
information on separate sheets, and fax Your request to 818-524-7778, Attn:
Trademark Request
A. Description of nature and content
of work (be as specific and thorough as possible); and B. Distribution plans for materials
(including channels of distribution, territory, number of copies\ and
timeframe). |
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