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20.
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 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.
21.
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 19 AND 20 MAY NOT APPLY TO YOU.
22.
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 19 and 20 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
based on such information.
23.
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.
24.
NOTICE
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 Service, or other reasonable means now known or hereinafter
developed.
25.
TRADEMARK INFORMATION
The
Yahoo!
,
Yahoo!
logo,
Yahoo!
(in Chinese characters), YAHOOLIGANS!, Yahooligans! logo,
Yahoo!
KIDS,
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Kids logo, Jumpin’ Y Guy logo, DO YOU
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?, Y!, Y! logo, MY
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, Y! and Star logo,
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YODEL,
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EVERYWHERE,
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GROUPS,
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MAIL OUTPOST,
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VISION, Eyeballs logo, 12 DAYS OF GIVING,
1800MYYAHOO, ACCENTRIC, BETTER JOBS FOR A BETTER LIFE, BINGO, BROADCAST.COM, CAMP
Yahoo!
,
CORPORATE
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, CYBERSET, EGROUPS, FANTASY CAREERS, FOR ALL THAT SURFING YOU NEED THE RIGHT
BOARD, FORTIFIED WITH
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, FUTUREBUILDER, GAMEPROWLER, GameProwler logo, GEOCITIES, GeoCities
logo, GEOCITIES (in Chinese characters), GET LOCAL, Hexagon Design, HOPE FOR THE HOLIDAYS, HOTJOBS, HOW
DO YOU MOVE YOUR MONEY?, HUMAN COUPON, IMVIRONMENTS, INKTOMI, INTERNET AT THE SPEED OF YOU,
INVOLVEMENT BRANDING, IPO ROW, JT’S BLOCKS, LIVING ROOM ACTIVE, MATCHCAST, NAVAL COMMAND,
PERMISSION MARKETING, PERSONAL EDGE, PERSONAL NOTES HOSTED BY DAVE KOZ, RESLEX, RESUMIX,
ROCKETMAIL, SAFETY SHIELD, SCALING THE INTERNET, SHOPFIND, SOFTSHOE, SPORTSTREAM and Design,
Star Design, STATTRACKER, THE BIG PICTURE, THE EXPERIENCED PROFESSIONAL’S JOB BOARD, THE ORIGINAL
TEXAS YA-HOO CAKE CO. and Design, THE WEB’S HOTTEST JOBS, TOKI TOKI BOOM, TRAFFIC CONTROLLER,
TRAFFIC SERVER, TURN IT ON, VALUELAB, VIVASMART, WEB CORPS, Web Corps logo, WORD RACER,
WORDAHOLIC, WORKWORLD, WWW.HOTJOBS.COM, YEF, and YOUR HOME ON THE WEB 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.
26.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Yahoo!
respects 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 intellectual property rights
have been otherwise violated, please provide
Yahoo!
’s Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. 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;
f. 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.
BN68-01737L-00Eng.indb 70
2008-09-17 �� 11:19:19