WORLD OF WARCRAFT TERMS OF USE
WORLD OF WARCRAFT®
TERMS OF USE AGREEMENT
Last Updated November 23, 2012
IMPORTANT! PLEASE READ CAREFULLY!

Welcome to Blizzard Entertainment, Inc.'s massively multi-player on-line role-playing game, World of Warcraft® ("World of Warcraft"). World of Warcraft is the copyrighted work of Blizzard Entertainment, Inc., a corporation organized under the laws of the State of Delaware. Effective as of May 11, 2009 (the "Effective Date"), World of Warcraft will be hosted in the European Union by Blizzard Entertainment S.A.S. (referred to herein as, "Blizzard Entertainment"), and/or its licensors, and all use of the World of Warcraft proprietary on-line service (the "Service") is governed by the terms and conditions contained in this Terms of Use Agreement entered into between Blizzard Entertainment, and yourself, and includes any future revisions implemented according to the procedure described in Article XII herein (hereafter referred to as the "Terms of Use"). The Service may only be used by obtaining access to the Battlet.net game service (the “Battle.net Service”) and which is subject to a separate terms of use agreement (the “BNET TOU“). The Terms of Use are in addition to, and do not replace or supplant, the "BNET TOU", and the End User License Agreement that accompanied the World of Warcraft software (the "EULA") and to which the World of Warcraft software (the "Game Client") is subject. You must accept the EULA, the Terms of Use and the BNET TOU (collectively, the “Blizzard Agreements”) prior to playing World of Warcraft. Any use of World of Warcraft not in accordance with the Terms of Use is expressly prohibited. You represent that you are a 'natural person' who is over the age of eighteen (18) years old, or over the age of majority in the country where you are a citizen, and agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to use the account you create on the Service.

I. Accessing the Service

1. Registering on Battle.net to use the Service. You must (i) obtain a World of Warcraft authorization code from Blizzard (usually found in a ‘box’ copy of World of Warcraft or purchased through Battle.net), (ii) register for and log in using an authorized Battle.net account (the “Account”) to play World of Warcraft and (iii) agree to the Terms of Use, the EULA and the BNET TOU. World of Warcraft is available for use only by authorized end users in accordance with the terms of the Blizzard Agreements. Any use, reproduction, modification or distribution of World of Warcraft not expressly authorized by the terms of the Blizzard Agreements is expressly prohibited.

2. Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with the Blizzard Agreements, Blizzard Entertainment hereby grants, and you hereby accept, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.

3. You hereby agree to pay all charges incurred by the Account, including applicable taxes, in accordance with billing terms for access to the Service that are in effect at the time that the fee or charge becomes payable. Your right to access to the Service is subject to any limits established by your credit card issuer, billing service, 'World of Warcraft Game Card Agreement,' or other payment methods authorized by Blizzard Entertainment.

If you have a balance due on the Account and you have provided Blizzard Entertainment with a credit card, you agree that Blizzard Entertainment can charge these unpaid fees to your credit card or debit them from your debit card, as applicable.

4. Blizzard Entertainment does not recognize the transfer of Accounts, and any unauthorized transfer of the World of Warcraft software will result in the permanent deletion of the Account attached to that software. You may not offer any Account for sale or trade, and any such offer: (1) is a violation of this Agreement; (2) may result in suspension or termination of the Account at Blizzard Entertainment's sole and absolute discretion; and (3) will not be opposable to Blizzard Entertainment.

5. Unless otherwise stated herein, there are no refunds where the Account is terminated prior to the end of a subscription period; the Service will be available for your use until such time that the then-current subscription period expires.
II. Parental Controls.

Parents can restrict the use their child makes of the Service by way of a parental control system. Further information can be found here: http://eu.battle.net/parents
III. Limitations on Your Use of World of Warcraft.

1. The license granted to you in Article I. Section 2. above is subject to the limitations set forth in these Terms of Use, the EULA and the BNET TOU. Limitations on your right to use World of Warcraft may include, but not necessarily be limited to, the following:
(1) Blizzard Entertainment expressly reserves the exclusive right to create derivative works based on World of Warcraft. This means that you may not create derivative works based on World of Warcraft, without the prior express, written permission of Blizzard Entertainment.
(2) Only Blizzard Entertainment or its licensees have the right to host World of Warcraft! Accordingly, you may not host, provide matchmaking services for, or intercept, emulate or redirect the communication protocols used by Blizzard Entertainment as part of World of Warcraft, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying World of Warcraft, adding components to World of Warcraft, or using a utility program to host World of Warcraft.

2. You agree that you will not:
(1) modify or cause to be modified any files that are a part of a World of Warcraft installation;
(2) create or use cheats, "mods", and/or hacks, or any other third-party software designed to modify the World of Warcraft experience;
(3) use any third-party software that intercepts, "mines", or otherwise collects information from or through World of Warcraft;
(4) allow players who are playing characters aligned with the "Alliance" faction to chat or otherwise communicate directly with players who are playing characters aligned with the "Horde" faction, or vice versa;
(5) buy or sell for "real" money or exchange gold, weapons, armor, or any other virtual items that may be used in World of Warcraft outside the World of Warcraft platform;
(6) let any third person (except for a minor for whom you opened the Account) play on your Account including, but not limited to, using so-called "power leveling services", i.e. paying a third person for playing on your Account; or
(7) play on the Account of a third person including, but not limited to, providing so-called "power leveling services";
(8) eavesdrop, intercept or monitor any oral communication which is not intended for you or use any tool designed to distort or prevent oral communication of the users.
Notwithstanding the foregoing, you may update World of Warcraft with authorized patches and updates distributed by Blizzard, and use authorized Third Party User Interfaces as set forth in Section XVI 7 below; or
(9) whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of World of Warcraft or the Service.

3.You may not institute, assist, or become involved in an attack upon any World of Warcraft server or otherwise attempt to disrupt the World of Warcraft servers. You may not institute any such attack which results in the disruption of any other player's World of Warcraft experience. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE WORLD OF WARCRAFT OR UNDERMINE THE LEGITIMATE OPERATION OF WORLD OF WARCRAFT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, BLIZZARD ENTERTAINMENT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
IV. World of Warcraft Rules of Conduct.

As with all things, World of Warcraft is governed by certain Rules of Conduct ("Rules of Conduct") that must be adhered to by all users of World of Warcraft. It is your responsibility to know, understand and abide by these Rules of Conduct. The following rules are not meant to be exhaustive, and Blizzard Entertainment reserves the right to determine which conduct it considers to be outside the spirit of the game and to take disciplinary measures in accordance with Article VII of the Terms of Use. Blizzard Entertainment reserves the right to modify these Rules of Conduct at any time pursuant to Article XII of the Terms of Use.

1. Rules Related to Character Names. Each user will either select a character name or allow the World of Warcraft software to automatically select a character name at random. Additionally, users may form "guilds" and such guilds will be required to choose a name for the guild. When you choose a character name, create a guild, or otherwise create a label that can be seen by other players of World of Warcraft, you must abide by the following guidelines as well as the rules of common decency. If Blizzard Entertainment finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of World of Warcraft. In particular, you may not use any name:

(1) Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of Blizzard Entertainment;
(2) That incorporates 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(3) Subject to the rights of any other person or entity without written authorization from that person or entity;
(4) That belongs to a popular culture figure, celebrity, or media personality;
(5) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
(6) Belonging to any religious figure or deity;
(7) Taken from Blizzard Entertainment's Warcraft products, including character names from the Warcraft series of novels;
(8) Related to drugs, sex, alcohol, or criminal activity;
(9) Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
(10) Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
(11) Referring to pop culture icons or personas;
(12) That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
(13) That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g., "CorporalTed," or "GeneralVlad"), monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al").

You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.

2. Rules Related to "Chat", Interaction With Other Users or With Blizzard Entertainment Representatives. As part of the game, you may communicate with other users both in writing and orally. You may communicate orally by using a voice over internet protocol technology (the "Voice Client"). Communicating with other users and with Blizzard Entertainment representatives, in writing or orally, is an integral part of World of Warcraft and is referred to in this document together as "Chat". Blizzard Entertainment does not eavesdrop or monitor the content of your oral communication through the Voice Client. Your written communication may be subject to review, modification, and/or deletion by Blizzard Entertainment without notice to you. Additionally, you hereby acknowledge that Blizzard Entertainment is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat in World of Warcraft, or otherwise utilizing World of Warcraft, you may not:

(1) Transmit or post any content or use any language, in writing or orally, which, in the sole and absolute discretion of Blizzard Entertainment, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
(2)	Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat, or using tools that distort or interfere with oral communication of the users;
(3) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and service available outside of the World of Warcraft universe;
(4) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including but not limited to continuous advertisements to sell goods or services;
(5) Communicate or post any user's personal information in or on the World of Warcraft, or websites or forums related to World of Warcraft, except that a World of Warcraft user may communicate his or her own personal information in a private message directed to a single user;
(6) Use bots or other automated techniques to collect information from World of Warcraft or any forum or website owned or administered by Blizzard Entertainment;
(7) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of World of Warcraft or to Blizzard Entertainment representatives;
(8) Cheat or utilize World of Warcraft "exploits" in any way, including without limitation modification of the game program files;
(9) Participate in any action that, in the sole and absolute opinion of Blizzard Entertainment, results or may result in an authorized user of World of Warcraft being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play in World of Warcraft.

3. Rules Related to Game Play. Game play is what World of Warcraft is all about. Accordingly, the rules that govern game play in World of Warcraft are taken very seriously by Blizzard Entertainment. Note that Blizzard Entertainment considers all valid play styles in World of Warcraft to be part of the game, and not harassment, so player-killing the enemies of your race and/or alliance, including gravestone and/or corpse camping, is considered a part of the game. Because World of Warcraft is a "player vs. player" game, you should always remember to protect yourself in areas where the members of hostile races can attack you, rather than contacting Blizzard Entertainment's in-game customer service representatives, referred to herein as "Game Masters," for help when you have been killed by an enemy of your race. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

(1) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players.
(2) Connecting, or creating tools that allow you to connect, to World of Warcraft's proprietary interface or interfaces, other than those explicitly provided by Blizzard Entertainment for your use.
(3) Using tools that hack or otherwise alter the World of Warcraft client or server software.
(4) Using software products that "packet sniff" or provide scripting and/or macroing to obtain information from World of Warcraft.
(5) Anything that Blizzard Entertainment considers contrary to the "essence" of World of Warcraft.
V. Character Migration.

Blizzard Entertainment may, in its sole and absolute discretion, offer certain users the opportunity to move characters from a heavily populated "Character Migration" server to a server designated by Blizzard Entertainment as a "Target Server." If you are offered the opportunity to migrate a character, please note the following:

1. If your character is a "guild master," it cannot be migrated to a Target Server.
2. You must have less than ten (10) characters on the Target Server in order to migrate a character to the Target Server.
3. Character migrations can only occur when the account that you utilize to play World of Warcraft is not in use.
4. You cannot migrate a character to a Target Server if the name of the character is already in use on the Target Server. If a character of the same name already exists on the Target Server, you will be given an opportunity to rename character as part of the Character Migration process. As always, the name must adhere to the naming conventions stated herein.
5. In-game mail sent by or in transit to the character that you intend to migrate will not be migrated to a Target Server.
6. All player auctions involving the character that you intend to migrate will be cancelled and the item, deposit, and the high bid returned to the bidder upon character migration. The item you placed for sale, or your "high bid," will appear in that character's mail when it reaches the Target Server. Note that Blizzard will not be responsible for the loss of in-game funds or items due to the character migration of either a "buyer" or "seller" to an auction house transaction.
7. A target character's friends list will not transfer to a Target Server.
8. A target character's guild affiliation will not transfer to a Target Server.
9. A target character's ignore list will not transfer to a Target Server.
VI. Consequences of Violating the Rules of Conduct.

Blizzard Entertainment may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of World of Warcraft. Violation of any of the Rules of Conduct set forth above may result in actions being taken by Blizzard Entertainment, effective immediately or at a time determined by Blizzard Entertainment, which may include without limitation: Temporarily suspending your access to World of Warcraft, Permanently terminating your access to World of Warcraft (see Article XV, Section 2 below), Modify a character or an Account, including without limitation, reducing or removing experience points, skills, levels, in-game currency or items; or Temporarily or permanently suspend, or terminate, your access to an Account that you use to access the Service. Without limiting the foregoing, Blizzard Entertainment retains the right to decline service to any user who violates the BNET TOU, the Terms of Use and/or the EULA.
VII. Experience Reimbursement.

First and foremost, nothing in these rules will ever place a "duty" upon Blizzard Entertainment to reimburse you by providing experience credit for any experience lost for any reason, unless such loss was caused by Blizzard Entertainment's negligence. That being said, Blizzard Entertainment may, at its sole and absolute option, determine to reimburse experience lost by players in certain extreme and unusual situations. For instance, Blizzard Entertainment may decide to reimburse experience lost in the event of a catastrophic server failure. In no event is Blizzard Entertainment obligated to provide any monetary reimbursement or monetary credit.
VIII. Selling of Items.

Remember, at the outset of these Terms of Use, where we discussed how you were "licensed" the right to use World of Warcraft, and that your license was "limited"? Well, here is one of the more important areas where these license limitations come into effect. Note that Blizzard Entertainment either owns, or has exclusively licensed, all of the content which appears in World of Warcraft. Therefore, no one has the right to "sell" Blizzard Entertainment's content, except Blizzard Entertainment! So Blizzard Entertainment does not recognize any property claims outside of World of Warcraft or the purported sale, gift or trade in the "real world" of anything related to World of Warcraft. Accordingly, you may not sell or purchase virtual items for "real" money or exchange items outside of World of Warcraft. Please note that Blizzard is entitled to and will prevent any such illegal sales.
IX. Online Duration.

World of Warcraft is an 'on-line' game that must be played over the Internet through the Service, as provided by Blizzard Entertainment. It is your entire responsibility to secure an Internet connection and all fees related thereto shall be at your own charge. Blizzard Entertainment will use reasonable efforts to provide the Service all day, every day. However, Blizzard Entertainment reserves the right to temporarily suspend the Service for maintenance, testing, replacement and repair of the telecommunications equipment related to World of Warcraft, as well as for transmission interruption or any other operational needs of the system. Blizzard Entertainment will provide you with 24 hours advance notice of any temporary suspension of World of Warcraft on World of Warcraft’s log-in screen, except in case of urgency. Blizzard Entertainment agrees to provide the servers and software necessary to access the Service until such time as World of Warcraft is "Out of Publication." World of Warcraft shall be considered "Out of Publication" following the date that World of Warcraft is no longer manufactured and/or distributed by Blizzard Entertainment, or its affiliates. Thereafter, Blizzard Entertainment may, in its sole and absolute discretion, continue to provide the Service or license to third parties the right to provide the Service. However, nothing contained herein shall be construed so as to place an obligation upon Blizzard Entertainment to provide the Service beyond the time that World of Warcraft is Out of Publication. In the event that Blizzard determines that it is in its best interest to cease providing the Service, or license to a third party the right to provide the Service, Blizzard Entertainment shall provide you with no less than three (3) months prior notice. Neither the Service nor Blizzard Entertainment's agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of Blizzard Entertainment's servers or other technology.
X. Testing, Maintenance, and Other Potential Interruptions in the Service.

Blizzard Entertainment shall give users notice on the World of Warcraft "Home Page" located at http://eu.battle.net/wow/ prior to Blizzard Entertainment installing software upgrades, performing testing, or performing maintenance on the servers, data transmission lines, and other systems related to World of Warcraft, and/or in the manner set forth in Article XII, below, whenever possible. Note that it is your responsibility to be aware of such notices, and you hereby acknowledge and agree that Blizzard Entertainment shall not be responsible for any damages which may arise from your failure to read and/or be aware of these publicly posted notices. Additionally, Blizzard Entertainment may be required to "shut down" one or more servers to repair the hardware, or software, related to World of Warcraft. While it is Blizzard Entertainment's intention to provide the Service all day, every day, you hereby acknowledge that Blizzard Entertainment reserves the right to temporarily suspend the Service for maintenance, testing, replacement and repair of the telecommunications equipment related to World of Warcraft, as well as for transmission interruption or any other operational needs of the system.
XI. Refunds.

The present refund regulations do not affect or restrict the statutory refund claims you may have. This is an additional refund opportunity contractually offered by Blizzard Entertainment.

1. In the event that you are a "Standard End User," you will have the right, but not the obligation, to terminate the Service, or be provided with a "game time adjustment" to your Account in the event that the Service is suspended or interrupted for more than three consecutive days (72 hours) without Blizzard Entertainment providing prior notice of the suspension of Service as set forth above, unless the suspension or interruption in the Service is due to one of the following events: (1) A "Force Majeure" event, as defined in Article XVI, Section 9. below; (2) Any suspension or interruption of the Service that is attributable to you, or to any other third party including without limitation, our internet service provider and any other user of the Service; (3) Any suspension or interruption of the Service in the event that Blizzard Entertainment's telecommunication providers fail to provide the telecommunication service required to host the Service through no fault of Blizzard Entertainment; and (4) Scheduled maintenance, replacement, regular examination, and/or construction of equipment for the Service where Blizzard Entertainment posts prior notice of the pending interruption in the Service.

2. In the event that you are eligible for a "game time adjustment," Blizzard Entertainment shall credit your Account with four (4) times the amount of time that the Service was interrupted. Note that only current Accounts that are in "good standing" will be eligible for such a "game time adjustment." In the event that you choose to terminate the Service, you shall be entitled to a 'refund' subject to the following terms and conditions:

3. Only current Accounts that are in "good standing," shall be eligible for a refund. Accounts that are "suspended" by Blizzard Entertainment for "non payment," or for a violation of these Terms of Use, are not eligible for a refund.

4. In the event that you are eligible for a refund, and you pay a fee to utilize your Account for a fixed period of time ("Fixed Fees"), Blizzard Entertainment shall provide you with a "pro rata" refund in the same currency as the currency of payment equal to the Fixed Fees for the most recent billing period, less the daily charge for the Service multiplied by the number of days that the Service was available in that billing period.

5. If you purchased "game time" under a program that provided you the right to utilize the Service for a set period of time at a discounted rate ("Discounted Fees"), and you request that Blizzard Entertainment terminate your Account, Blizzard Entertainment shall provide a pro rata refund calculated by deducting from the Discounted Fees an amount equal to the monthly fee that is in effect at as of the date you request termination of your Account divided by 30, and then multiply that amount times with the number of days that you have utilized the Service in the billing period that you purchased for the Discounted Fees.

6. You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your World of Warcraft account is aware of the terms of and complies with this Agreement. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Password, you will use our automated recovery process.
XII. Our Administration of World of Warcraft; Changes to the Terms of Use.

Blizzard Entertainment may, from time to time, change or modify these Terms of Use. In this case Blizzard Entertainment will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Terms of Use within one (1) month following the special notice, your continued use of World of Warcraft will mean that you accept the amended Terms of Use. With the special notice Blizzard Entertainment will remind you that your continued use after the expiration of one (1) month following the special notice means that you accept any and all changes.
XIII. Ownership.

All title, ownership rights and intellectual property rights in and to World of Warcraft (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into World of Warcraft, transcripts of the chat rooms, character profile information, recordings of games played on World of Warcraft, and the World of Warcraft client and server software) are owned by Blizzard Entertainment or its licensors. World of Warcraft is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. World of Warcraft may contain certain licensed materials, and Blizzard Entertainment's licensors may protect their rights in the event of any violation of this Agreement.
XIV. World of Warcraft and Television Service.

Beginning on the Effective Date, as part of the monthly Service subscription fee, you shall receive access to both the World of Warcraft online game and a television service (ESL Turtle TV), which is an IP TV service featuring, among other content, Blizzard games, Blizzard products and other Blizzard related content.
XV. Termination.

This Agreement is effective until the end of the term it is concluded for, unless terminated earlier by either party under the following conditions:

1. You are entitled to terminate this Agreement under the conditions set forth in Section XI and XII herein, as well as for personal bankruptcy, imprisonment, hospitalization for a period exceeding three (3) months, or for any other legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by mail to the following address: Blizzard Entertainment S.A.S. - Support Clients - TSA 60001, 78008 Versailles CEDEX, France.

2. Blizzard Entertainment reserves the right to terminate this Agreement as follows: If you fail to comply with any terms contained in this Agreement, Blizzard Entertainment will provide you with a warning of your non-compliance. In case of a serious violation of this Agreement, Blizzard Entertainment will be entitled to immediately terminate this Agreement without any prior warning. Serious violations are violations of important provisions which include Article III of this Agreement or repeated violations of other provisions of this Agreement, including further non-compliance where you already have received a prior warning. Also, note that in the event that Blizzard Entertainment terminates this Agreement for breach of these Terms of Use, any right to any and all payments you may have made for pre-purchased game access to World of Warcraft are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement.
XVI. Acknowledgements. You hereby acknowledge that:

1. DURING YOUR REGISTRATION FOR THE BATTLE.NET SERVICE YOU GRANT YOUR CONSENT TO THE FOLLOWING: WHEN RUNNING, THE WORLD OF WARCRAFT CLIENT MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH WORLD OF WARCRAFT. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN BLIZZARD ENTERTAINMENT'S SOLE DETERMINATION: (1) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (2) ALLOWS USERS TO MODIFY OR HACK THE WORLD OF WARCRAFT INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY BLIZZARD ENTERTAINMENT; OR (3) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH WORLD OF WARCRAFT; (4) IN THE EVENT THAT WORLD OF WARCRAFT DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, BLIZZARD ENTERTAINMENT MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD ENTERTAINMENT, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY BLIZZARD AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

2. You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to World of Warcraft's servers.

3. Blizzard Entertainment has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

4. Blizzard Entertainment has the right to obtain "non-personal" data from your connection to World of Warcraft in order to make certain demographic assumptions regarding the users of World of Warcraft without any further notice to you.

5. In order to assist Blizzard Entertainment to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that Blizzard Entertainment shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying "cheaters," and for no other reason.

6. BLIZZARD ENTERTAINMENT DOES NOT WARRANT THAT WORLD OF WARCRAFT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT WORLD OF WARCRAFT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blizzard Entertainment expressly notifies you that it is not possible to develop complex software products that are completely free of technical defects. The contractually-specified characteristics of the software and the service to be provided by Blizzard Entertainment does not require that the software be completely free of programming errors but merely that the software be free of programming errors that materially impair its use.

7. The use of any "user interface" other than the user interface that is included in the World of Warcraft Software ("Third Party User Interface") is not recommended by Blizzard Entertainment, and you hereby agree to indemnify and hold harmless Blizzard Entertainment from all claims, damages, and other losses which may arise from your use of a Third Party User Interface. At such time that Blizzard elects to post a list of approved Third-Party User Interfaces on its website, you agree that you will use only those Third-Party User Interfaces approved by Blizzard, and that you will use no other Third-Party User Interfaces in connection with World of Warcraft.

8. You may not be able to access World of Warcraft whenever you want, and there may be extended periods of time where you cannot access World of Warcraft.

9. Blizzard Entertainment shall not be held liable for any delay or failure to perform under any circumstances resulting from causes outside the reasonable control of Blizzard Entertainment; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Blizzard Entertainment's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

10. World of Warcraft requires the creation and retention of electronic files, including without limitation player characters, accounts, statistics, user profiles, weapons, armor, quests, loot, etc. ("Game Data"), which are stored by Blizzard Entertainment (for the avoidance of doubt, data concerning the players' use of the Voice Client is not stored). Keeping Game Data safe is a priority of Blizzard Entertainment. Blizzard Entertainment will use reasonable efforts to restore the Game Data, unless you negligently or intentionally caused the loss of the Game Data.

11. If and as far as necessary to operate the Service in accordance with the terms contained herein, in particular to keep a balanced and enjoyable gaming experience for all players Blizzard Entertainment reserves the right to modify or delete Game Data.
XVII. Limitation of Liability.

1. Blizzard Entertainment is liable in accordance with statutory law (i) in case of intentional breach, (ii) in case of gross negligence, (iii) for damages arising as result of any injury to life, limb or health or (iv) under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard of one’s basic duties.

2. Without limiting the liability under Article XVII.1. above, Blizzard Entertainment is only liable for slight negligence in case of a breach of a material contractual obligation. Material contractual obligation means any obligation (i) which is necessary for the fulfillment of the Agreement, (ii) the breach of which would jeopardize the purpose of the Agreement and (iii) the compliance with which you may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
XVIII. Miscellaneous.

1. This Agreement shall be governed by and construed in accordance with the laws applicable in your country of residence. Those who choose to access World of Warcraft through the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. World of Warcraft, the Service and all related software is further subject to applicable export controls. The software utilized by World of Warcraft and/or the Service may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

2. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use are the complete and exclusive statement of the agreement between you and Blizzard Entertainment concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Blizzard Entertainment; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA, or the BNET TOU. In the event that there is conflict between the terms of these Terms of Use and the BNET TOU, the terms contained in these Terms of Use shall govern and control. This Agreement may only be modified as set forth in Section XII. Also, note that in the event that Blizzard Entertainment is contacted by governmental authorities and/or parties seeking information or legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of World of Warcraft, Blizzard Entertainment will cooperate fully with all governmental authorities ensuring an adequate level of protection as required under Article 25 of European Directive 95/46/EC, and any lawful orders of the court with regard to the release of information that relates to you and your use of World of Warcraft, including but not limited to user Internet Protocol (IP) addresses, associated personal information and all other user information on file. The section headings used herein are for reference only and shall not be read to have any legal effect.

I hereby agree that my use of the World of Warcraft service is an acknowledgment of my agreement to be bound by the terms and conditions of this Agreement.

© 2012 Blizzard Entertainment, Inc. All rights reserved. World of Warcraft, Warcraft and Blizzard Entertainment are trademarks or registered trademarks, of Blizzard Entertainment, Inc., in the U.S. and/or other countries. All rights are reserved.


Terms of Service
Community Guidelines
1. Your relationship with YouTube
1.1 Your use of the YouTube website (the "Website") and any YouTube products, channels, software, data feeds and services, including the YouTube embeddable video player (the "YouTube Player") provided to you on or from or through the Website by YouTube (collectively the "Service") is subject to the terms of a legal agreement between you and YouTube. "YouTube" means YouTube LLC, whose principal place of business is at 901 Cherry Avenue, San Bruno, CA 94066, United States.
1.2 Your legal agreement with YouTube is made up of (A) the terms and conditions set out in this document, (B) YouTube's Privacy Policy (https://www.youtube.co.uk/t/privacy) and (C) YouTube's Community Guidelines (https://www.youtube.co.uk/t/community_guidelines) (collectively called the "Terms").
1.3 The Terms form a legally binding agreement between you and YouTube in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that YouTube will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with YouTube, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
YouTube reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at https://www.youtube.co.uk/t/terms or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. YouTube accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a YouTube account. When creating your account, you must provide accurate and complete information. It is important that you must keep your YouTube account password secure and confidential.
4.2 You must notify YouTube immediately of any breach of security or unauthorised use of your YouTube account that you become aware of.
4.3 You agree that you will be solely responsible (to YouTube, and to others) for all activity that occurs under your YouTube account.
5. General restrictions on use
5.1 YouTube hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A.	you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without YouTube's prior written authorisation, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the YouTube Player);
B.	you agree not to alter or modify any part of the Website or any of the Service (including but not limited to the YouTube Player and its related technologies);
C.	you agree not to access Content through any technology or means other than the video playback pages of the Website itself, the YouTube Player, or such other means as YouTube may explicitly designate for this purpose;
D.	you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E.	you agree not to use the Service (including the YouTube Player) for any of the following commercial uses unless you obtain YouTube's prior written approval:
i.	the sale of access to the Service
ii.	the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
iii.	the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales
F.	prohibited commercial uses shall not include (i) uploading an original video to YouTube, (ii) maintaining an original channel on the Website in order to promote a business or artistic enterprise, (iii) showing YouTube videos through the YouTube Player or otherwise on an ad-enabled blog or website, subject to those advertising restrictions set out in 5.1(E)(iii) above; and (iv) any use that is expressly authorised by YouTube in writing;
G.	if you use the YouTube Player on your website may not modify, build upon or block any portion or functionality of the YouTube Player including but not limited to links back to the Website;
H.	you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
I.	you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include YouTube account names);
J.	you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
K.	you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
L.	you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by YouTube via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
M.	You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms and the YouTube Community Guidelines at all times during your use of the Service.
5.3 YouTube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouTube reserves the right to revoke these exceptions either generally or in specific cases.
5.4 YouTube is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which YouTube provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that YouTube may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at YouTube's sole discretion, without prior notice to you.  You may stop using the Service at any time. You do not need to specifically inform YouTube when you stop using the Service.
5.6 You agree that you are solely responsible for (and that YouTube has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which YouTube may suffer) of any such breach.
6. Copyright policy
6.1 YouTube operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found here: https://www.youtube.co.uk/t/copyright_notice
6.2 As part of YouTube's copyright policy, YouTube will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7. Content
7.1 As a YouTube account holder you may submit Content. You understand that whether or not Content is published, YouTube does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to YouTube and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. YouTube does not endorse any Content or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable YouTube to use your Content for the purposes of the provision of the Service by YouTube, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the YouTube Community Guidelines, found at https://www.youtube.co.uk/t/community_guidelines, as updated from time to time.
7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for YouTube to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant YouTube the licence referred to in paragraph 8.1 below.
7.8  On becoming aware of any potential violation of these Terms, YouTube reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect to any such Content.
8. Rights you licence
8.1 When you upload or post Content to YouTube, you grant:
A.	to YouTube, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and YouTube's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B.	to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. YouTube content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to YouTube, and is subject to copyright, trade mark rights, and other intellectual property rights of YouTube or YouTube's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of YouTube or, where applicable, YouTube's licensors. YouTube and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from YouTube
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that YouTube is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that YouTube is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.4 YouTube encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
11. Ending your relationship with YouTube
11.1 The Terms will continue to apply until terminated by either you or YouTube as set out below.
11.2 If you want to terminate your legal agreement with YouTube, you may do so by (a) notifying YouTube at any time and (b) closing your YouTube account. Your notice should be sent, in writing, to YouTube's address which is set out at the beginning of these Terms.
11.3 YouTube may at any time terminate its legal agreement with you if: A.you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or B.	YouTube is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 YouTube may terminate its legal agreement with you if: YouTube is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or the provision of the Service to you by YouTube is, in YouTube's opinion, no longer commercially viable and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and YouTube have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and YouTube makes no warranty or representation to you with respect to them.
12.3 In particular YouTube does not represent or warrant to you that:
A.	your use of the Service will meet your requirements,
B.	your use of the Service will be uninterrupted, timely, secure or free from error,
C.	any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D.	that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit YouTube's liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above YouTube shall not be liable to you for: A. any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you; B.any loss or damage which may be incurred by you as a result of: i.any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; ii.	any changes which YouTube may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; iv. your failure to provide YouTube with accurate account information; v. your failure to keep your password or YouTube account details secure and confidential.
13.3 The limitations on YouTube's liability to you in paragraph 13.2 above shall apply whether or not YouTube has been advised of or should have been aware of the possibility of any such losses arising.
14. General legal terms
14.1 The Terms constitute the whole legal agreement between you and YouTube and govern your use of the Service and completely replace any prior agreements between you and YouTube in relation to the Service. All other terms of service that Google Inc. and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
14.2 You agree that YouTube may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if YouTube does not exercise or enforce any legal right or remedy which is contained in the Terms (or which YouTube has the benefit of under any applicable law), this will not be taken to be a formal waiver of YouTube's rights and that those rights or remedies will still be available to YouTube.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the group of companies of which YouTube is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
14.6 The Terms, and your relationship with YouTube under the Terms, shall be governed by English law. You and YouTube agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that YouTube shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
Dated: 9 June 2010


Yahoo Terms of Service

ACCEPTANCE OF TERMS
Yahoo Holdings, Inc. ("Yahoo") welcomes you. Yahoo provides the Yahoo Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://policies.yahoo.com/us/en/yahoo/terms/utos/index.html. By accessing and using the Yahoo Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Yahoo owned or operated services, you and Yahoo shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Yahoo may also offer other services that are governed by different Terms of Service. In such cases the other terms of service will be posted on the relevant service to which they apply.
DESCRIPTION OF YAHOO SERVICES
Yahoo provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Yahoo Services"). You also understand and agree that the Yahoo Services may include advertisements and that these advertisements are necessary for Yahoo to provide the Yahoo Services. You also understand and agree that the Yahoo Services may include certain communications from Yahoo, such as service announcements, administrative messages and the Yahoo Newsletter, and that these communications are considered part of Yahoo membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Yahoo Services, including the release of new Yahoo properties, shall be subject to the TOS. You understand and agree that the Yahoo Services is provided "AS-IS" and that Yahoo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Yahoo Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Yahoo Services. You understand that the technical processing and transmission of the Yahoo Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be aware that Yahoo has created certain areas on the Yahoo Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Yahoo Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Yahoo Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Yahoo Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yahoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo has the right to suspend or terminate your account and refuse any and all current or future use of the Yahoo Services (or any portion thereof). You must be aged 13 or over to use the Services. If you have a pre-existing Family Account covering children aged under 13 then you have an ongoing responsibility to determine whether any of the Yahoo Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.
YAHOO PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Yahoo Privacy Policy at https://policies.yahoo.com/us/en/yahoo/privacy/index.html. You understand that through your use of the Yahoo Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Yahoo and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Yahoo Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Yahoo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Yahoo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Yahoo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Yahoo Services. Yahoo does not control the Content posted via the Yahoo Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Yahoo Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yahoo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Yahoo Services. You agree to not use the Yahoo Services to:
upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Yahoo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Yahoo Service;
upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Yahoo Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Yahoo Services or servers or networks connected to the Yahoo Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Yahoo Services, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 6.1 through 6.13 above.
You acknowledge that Yahoo may or may not pre-screen Content, but that Yahoo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Yahoo Services. Without limiting the foregoing, Yahoo and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Yahoo or submitted to Yahoo, including without limitation information in Yahoo Message Boards and in all other parts of the Yahoo Services.
You acknowledge, consent and agree that Yahoo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Yahoo, its users and the public.

You understand that the Yahoo Services and software embodied within the Yahoo Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Yahoo and/or content providers who provide content to the Yahoo Services. You may not attempt to override or circumvent any of the usage rules embedded into the Yahoo Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Yahoo Services, in whole or in part, is strictly prohibited.

INTERSTATE NATURE OF COMMUNICATIONS ON YAHOO NETWORK
When you register with Yahoo, you acknowledge that in using the Yahoo Services to send electronic communications (including but not limited to email, search queries, sending messages to Yahoo Chat or Yahoo Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Yahoo's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Yahoo's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Yahoo Services and transfer, posting and uploading of software, technology, and other technical data via the Yahoo Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations (see http://www.access.gpo.gov/bis/ear/ear_data.html) and sanctions control programs of the United States (see http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists (see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Yahoo Services to export-prohibited parties or countries; (c) will not use the Yahoo Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Yahoo Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE YAHOO SERVICES
Yahoo does not claim ownership of Content you submit or make available for inclusion on the Yahoo Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Yahoo Services, you grant Yahoo the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Yahoo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo Services solely for the purposes of providing and promoting the specific Yahoo Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo Services and will terminate at the time you remove or Yahoo removes such Content from the Yahoo Services.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo Services other than Yahoo Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Yahoo Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Yahoo Services and will terminate at the time you remove or Yahoo removes such Content from the Yahoo Services.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Yahoo Services other than Yahoo Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Yahoo Services are those areas of the Yahoo network of properties that are intended by Yahoo to be available to the general public. By way of example, publicly accessible areas of the Yahoo Services would include Yahoo Message Boards and portions of Yahoo Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Yahoo Services would not include portions of Yahoo Groups that are limited to members, Yahoo services intended for private communication such as Yahoo Mail or Yahoo Messenger, or areas off of the Yahoo network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Yahoo.

CONTRIBUTIONS TO YAHOO
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Yahoo through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Yahoo is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Yahoo shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Yahoo may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Yahoo without any obligation of Yahoo to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Yahoo under any circumstances.
INDEMNITY
You agree to indemnify and hold Yahoo and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Yahoo Services, your use of the Yahoo Services, your connection to the Yahoo Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF YAHOO SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Yahoo Services (including Content, advertisements, Software and your Yahoo ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yahoo may establish general practices and limits concerning use of the Yahoo Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Yahoo Services, the maximum number of email messages that may be sent from or received by an account on the Yahoo Services, the maximum size of any email message that may be sent from or received by an account on the Yahoo Services, the maximum disk space that will be allotted on Yahoo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Yahoo Services in a given period of time. You agree that Yahoo 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 Yahoo Services. You acknowledge that Yahoo reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yahoo reserves the right to modify these general practices and limits from time to time. Yahoo Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Yahoo accounts located on Yahoo servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Yahoo too. Your agreement to this TOS constitutes your consent to allow Yahoo to store these communications on its servers.
MODIFICATIONS TO YAHOO SERVICES
Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Yahoo Services (or any part thereof) with or without notice. You agree that Yahoo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Yahoo Services (or any part thereof).
TERMINATION
You may terminate your Yahoo account, any associated email address and access to the Yahoo Services by submitting such termination request to Yahoo. You agree that Yahoo may, without prior notice, immediately terminate, limit your access to or suspend your Yahoo account, any associated email address, and access to the Yahoo Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Yahoo Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Yahoo Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Yahoo's sole discretion and that Yahoo shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Yahoo Services. Termination of your Yahoo account includes any or all of the following: (a) removal of access to all or part of the offerings within the Yahoo Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Yahoo Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Yahoo Services, 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. You agree that Yahoo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Yahoo Services.
LINKS
The Yahoo Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Yahoo 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. You further acknowledge and agree that Yahoo 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.
YAHOO'S PROPRIETARY RIGHTS
You acknowledge and agree that the Yahoo Services and any necessary software used in connection with the Yahoo Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Yahoo Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Yahoo or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Yahoo Services, such Content or the Software, in whole or in part. Yahoo grants you a personal, non-transferable and non-exclusive right and license 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 from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Yahoo Services. You agree not to access the Yahoo Services by any means other than through the interface that is provided by Yahoo for use in accessing the Yahoo Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE YAHOO SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE YAHOO SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE YAHOO SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE YAHOO SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE YAHOO SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE YAHOO SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAHOO SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO OR THROUGH OR FROM THE YAHOO SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE YAHOO SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE YAHOO SERVICE. IMMEDIATELY DISCONTINUE USE OF THE YAHOO SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE YAHOO SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
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 PUNITIVE, 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: (a) THE USE OR THE INABILITY TO USE THE YAHOO SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE YAHOO SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE YAHOO SERVICE.
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.
SPECIAL ADMONITION FOR YAHOO 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 Yahoo Services 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 Yahoo Services is provided for informational purposes only, and no Content included in the Yahoo Services 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 Yahoo Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
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.
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 Yahoo Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Yahoo Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Yahoo Services in an authorized manner.
TRADEMARK INFORMATION
You agree that all of Yahoo’s trademarks, trade names, service marks and other Yahoo logos and brand features, and product and service names are trademarks and the property of Yahoo Holdings, Inc. (the "Yahoo Marks"). Without Yahoo's prior permission, you agree not to display or use in any manner the Yahoo Marks.
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:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
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.
Yahoo's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Yahoo Holdings, Inc.
701 First Avenue
Sunnyvale, CA 94089

By phone: (408) 349-5080
By fax: (408) 349-7821

By email: copyright@yahoo-inc.com

CLOSED CAPTIONING
Yahoo complies with applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. Please visit https://policies.yahoo.com/us/en/yahoo/cc/index.htm for more information or to register any concerns or complaints regarding video content accessible on the Yahoo network of properties.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Yahoo and governs your use of the Yahoo Services, superseding any prior version of this TOS between you and Yahoo with respect to the Yahoo Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yahoo services, affiliate services, third-party content or third-party software. Choice of Law and Forum. You and Yahoo each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Yahoo, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Yahoo agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. 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 endeavor 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 ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein 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 Yahoo Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. Yahoo may freely assign the TOS and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
Last updated: 2017-06-13