21. 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.
22. 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 on the Service.
23. TRADEMARK INFORMATION
Yahoo
! and the
Yahoo
! logo, Y! and the Y! logo, Y! MUSIC logo, My
Yahoo
!, 1-800-MY-
YAHOO
, Addressguard, Audibles,
Big Idea Chair, Gameprowler and the Gameprowler logo, Games Domain logo, GeoCities, GeoGuide, Get Local, HotJobs,
HotJobs.com and the HotJobs.com logo, Imvironments, Inktomi, JT’s Blocks, the Jumpin’ Y Guy logo, Life Engine,
Matchcast, Naval Command, Resumix, Smartfit, Smartview, Viaweb, Word Racer, Wordaholic and the Yahooligans!
trademarks and service marks and other
Yahoo
! logos and product and service names are trademarks of Yahoo! Inc.
(the “
Yahoo Marks
”) used by
Yahoo
! in Canada under permission. You agree not to display or use in any manner the
Yahoo
! Marks unless you obtain
Yahoo
Inc.’s prior express permission. If you are seeking permission to use any Yahoo!
trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please
follow the
Yahoo
! Inc. instructions located at http://docs.
yahoo
.com/info/copyright/permission.html.
24. 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
! with the following information in writing:
1.
a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property
interest;
2.
a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.
a description of where the material that you claim is infringing is located on the site;
4.
your address, telephone number, and email address;
5.
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; and
6.
a statement by you 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.
You can send claims of copyright or other intellectual property infringement to:
Yahoo
!
Canada
Legal Department
106 Front St. East, Suite 200
Toronto, Ontario,
Canada
M5A 1E1
24. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
Yahoo
! and govern your use of the Service,
superseding any prior agreements, oral or written, between you and
Yahoo
! with respect to the Service. You may also
be subject to additional terms and conditions that may apply when you use or purchase certain
Yahoo
! services, affiliate
services, third-party content or third-party software.
Choice of Law and Forum. 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
.
Waiver and Severability of Terms. 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 endeavour 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.
No Right of Survivorship and Non-Transferability. You agree that your
Yahoo
! account is non-transferable and any rights to
your
Yahoo
! I.D. or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all Content permanently deleted.
Statute of Limitations. 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 related to the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made,
executed, or delivered, all such further acts, documents, and things as
Yahoo
! may reasonably require from time to time for
the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.
Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the
English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés
en anglais.
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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