Yahoo! Mobile Widget Terms of Service
Welcome to Yahoo!. Your use of Yahoo! Mobile Widgets (defined below) is governed by the following Yahoo! Mobile Widgets Terms of Service (“MWTOS”), which incorporates by reference the Yahoo! Terms of Service ("TOS"), each of which may be changed by Yahoo! from time to time without notice to you (collectively, the "Terms of Service"). If you choose to use Yahoo! Mobile Widgets after any change to the Terms of Service, it means you agree to such change. At any time you can review the most current versions of the TOS at: http://info.yahoo.com/legal/ca/yahoo/utos/utos-ca01.html, and the MWTOS at: http://ca.mobile.yahoo.com/widgettos.
DESCRIPTION OF MOBILE WIDGETS.
Mobile widgets are small software modules operating within Yahoo!’s mobile widget environment and appearing on your mobile device that provide you with access to a variety of content and services. Some mobile widgets, including the content and services provided therein, are made available for your use by Yahoo! (each a “Yahoo! Mobile Widget”) subject to these Terms of Service. You will be able to recognize Yahoo! Mobile Widgets by their distinctive Yahoo! branding. Other mobile widgets, including the content and services provided therein, may be made available for your use by third parties (each a “Third Party Widget”). Your use of Third Party Widgets and Yahoo!’s disclaimer of responsibility for such widgets are discussed in Section 7 below.
YAHOO! MOBILE WIDGETS LICENSE GRANT.
Subject to the terms and conditions of these Terms of Service and except as otherwise expressly set forth herein, Yahoo! grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use the Yahoo! Mobile Widgets solely for your personal use.
YAHOO! MOBILE WIDGETS RESTRICTIONS.
You may not do any of the following with any Yahoo! Mobile Widgets: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Yahoo! Mobile Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Yahoo! Mobile Widgets; (b) obtain or attempt to obtain unauthorized access to the Yahoo! network; (c) incorporate Yahoo! Mobile Widgets into any hardware or software device that is not your personal mobile device; (d) use, export, or re-export Yahoo! Mobile Widgets in violation of applicable U.S. laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense Yahoo! Mobile Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Yahoo!'s prior, express, written permission; (f) use Yahoo! Mobile Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service; and (g) use Yahoo! Mobile Widgets for any enterprise, commercial, or human safety purposes as the Yahoo! Mobile Widgets were not designed for such purposes. Any Yahoo! Mobile Widget’s failure in such cases could lead to injury or damage for which you agree that Yahoo! is not responsible.
OWNERSHIP AND RESERVATION OF RIGHTS.
Yahoo! Mobile Widgets, including any content or services provided therein, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Service. These Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by Yahoo!, including, without limitation, the Yahoo! Mobile Widgets and Yahoo! trademarks, and creates no direct relationship between your and Yahoo!’s licensors, or between you and Yahoo! other than that of licensor to licensee under these Terms of Service. All rights in the Yahoo! Mobile Widgets, including any content or services provided therein, not expressly granted to you are reserved by Yahoo!, its licensors, or their respective owners.
SUPPORT AND UPDATES.
Yahoo! may not offer any technical or maintenance support for the Yahoo! Mobile Widgets. Yahoo! may offer upgrades or updates to the Yahoo! Mobile Widgets in its sole discretion. Yahoo! may change, suspend, or discontinue any aspect of the Yahoo! Mobile Widgets at any time without notice to you. Yahoo! may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo! Mobile Widgets without notice or liability.
FEES AND PAYMENTS.
Yahoo! reserves the right to charge fees for future use of or access to the Yahoo! Mobile Widgets or the Yahoo! content and services relating thereto in Yahoo!'s sole discretion.
THIRD PARTY WIDGETS.
When you download, access, and/or use Third Party Widgets, you understand that such Third Party Widgets have not been approved or endorsed in any manner by Yahoo! and that Yahoo! is not responsible for your use of or inability to use any such Third Party Widgets including, without limitation, the content, services, accuracy, or reliability of such Third Party Widgets and the privacy practices or other policies of the third party. YOUR DOWNLOAD, ACCESS, AND/OR USE OF ANY THIRD PARTY WIDGETS IS AT YOUR OWN RISK. Third parties may require you to agree to their own terms of service, privacy policies, and/or other policies as a condition of using their widgets. Those terms and/or policies may give third parties rights beyond those provided by these Terms of Service. PLEASE REVIEW SUCH THIRD PARTYS’ APPLICABLE TERMS AND/OR POLICIES CAREFULLY.
THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES.
You are responsible for all third party software, hardware, and services used in connection with the Yahoo! Mobile Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with Yahoo! Mobile Widgets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
DISCLAIMER OF WARRANTIES.
USE OF YAHOO! MOBILE WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THROUGH YAHOO! MOBILE WIDGETS (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION OR SERVICES) IS AT YOUR SOLE RISK AND SUCH OFFERINGS ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YAHOO! MOBILE WIDGETS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
THE YAHOO! ENTITIES AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDINTIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO YAHOO! MOBILE WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF YAHOO! MOBILE WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDINTIONS OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF YAHOO! MOBILE WIDGETS OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE YAHOO! ENTITIES OR THE LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE YAHOO! ENTITIES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Yahoo! Entities harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party in connection with or arising out of your download, access, and/or use of Yahoo! Mobile Widgets, including any content or services provided therein, your violation of any term or condition of these Terms of Service, your violation of applicable laws or any rights of another person or entity.
LIMITATION OF LIABILITY.
THE YAHOO! ENTITIES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YAHOO! MOBILE WIDGETS, ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, YOUR USE OR INABILITY TO USE OR ACCESS YAHOO! MOBILE WIDGETS, OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY, EVEN IF THE YAHOO! ENTITIES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
These Terms of Service continue until terminated by either party. You may terminate these Terms of Service by discontinuing use of all Yahoo! Mobile Widgets and by destroying all your copies thereof. These Terms of Service terminate automatically if you violate any term hereof, Yahoo! publicly posts a written notice of termination on Yahoo!'s web site, or Yahoo! sends a written (including email or text message) notice of termination to you directly. Your obligations in these Terms of Service survive any termination of these Terms of Service.
- Government End Users. If Yahoo! Mobile Widgets are supplied to or purchased by or on behalf of the United States Government, then the Yahoo! Mobile Widgets are deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software." All other terms and conditions of these Terms of Service apply.
- Choice of Law and Forum. These Terms of Service 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. The United Nations Convention on the International Sale of Goods does not apply to the Yahoo! Mobile Widgets.
- Waiver and Severability of Terms. The failure of Yahoo! to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
- 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 Yahoo! Mobile Widgets or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in these Terms of Service are for convenience only and have no legal or contractual effect.