|Yahoo! Hong Kong Terms of Service|
1. ACCEPTANCE OF TERMS
Welcome to Yahoo!. Yahoo provides its service 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: http://hk.yahoo.com/docs/info/terms/. The revised TOS shall be effective and shall supercede the previous TOS from the date of posting. In addition, when using particular Yahoo services, you and Yahoo shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules form a part of the TOS. If you are a homesteader on Yahoo's GeoCities Service, please note that Yahoo provides different Terms of Service for you. Yahoo also may offer other services from time to time, such as Yahoo! Store and Yahoo! Site that are governed by different Terms of Service. These TOS do not apply to the Yahoo! GeoCities Service, Yahoo! Store or Yahoo! Site or such other services.
2. DESCRIPTION OF SERVICE
Yahoo currently provides users with access to a rich collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new products, shall be subject to the TOS. You understand and agree that the Service 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. Yahoo reserves the right to suspend any part of the Service for the purpose of repairs and maintenance, upgrades or otherwise as it sees fit without any prior notice to you.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being 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 its misleading, or Yahoo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete or misleading, Yahoo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Yahoo is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a Yahoo Family Account. When you create a Yahoo Family Accoun! t and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Yahoo Family Account. By adding a child to your Yahoo Family Account, you also give your child permission to access all of the Services including, email, message boards, clubs, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the 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.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which 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 Service. Yahoo does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, 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, for any errors or omissions in any Content, or for 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 Service.
You agree to not use the Service to:
You acknowledge that Yahoo does not pre-screen Content, but that Yahoo and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. 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, Yahoo! Clubs, and in all other parts of the Service.
You acknowledge and agree that Yahoo may preserve Content and may also disclose Content if required to do so by law or regulation in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Yahoo, its users and the public.
You understand that the technical processing and transmission of the Service, 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.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or personal data exported from the United States or Hong Kong or the country or region in which you reside.
8. PUBLIC INFORMATION POSTED ON YAHOO
Yahoo Auction is a convenient and exciting mode of buying and selling commodities through the Internet. Although somewhat similar to classified advertisements, it is more diversified and interesting. Before participating in Yahoo Auction, you must carefully read, understand and agree to the following terms and rules regarding Yahoo Auction.
What is Yahoo Auction?
Yahoo Auction is a service which facilitates the inter-communication and exchange between users. You must understand some restrictions of this service. Yahoo does not screen, examine or control the commodities provided and the contents of any advertisements regarding such commodities or the qualifications of persons participating in the auction.
Yahoo will not get involved in the completion of a transaction, including but not limited to any refund, guarantee for any flaw in a commodity or other transaction matters. When making use of Yahoo Auction, you and your counterpart shall be fully responsible for the purchase and sale and the execution of the transaction. Yahoo is not entitled to commit any act on behalf of either the buyer or seller. As a transaction is purely an act conducted between users, Yahoo shall not be involved in any dispute which may arise between the buyer and seller. Therefore, when making use of Yahoo Auction, you must carry on a transaction with others in a prudent manner.
Who is qualified to participate in Yahoo Auction?
Since the buyer and seller making use of Yahoo Auction (hereinafter referred to as the "Auction Service") shall directly enter into a contract with each other, they must be adults. By clicking the button marked with "Agree", you immediately confirm that you have reached the age of 18. You must provide your real name and details of your email box for Auction Service registration purposes.
No fees shall be charged by Yahoo Auction
Yahoo provides all users with the Auction Service free of charge. All expenses and taxes incurred as a result of your participation in the Auction Service shall be borne by yourself. However, Yahoo may, at its discretion, charge relevant fees in respect of the Auction Service. Yahoo will notify you in advance of its decision to charge any fees.
Principles for submitting bids and purchasing commodities
The Auction Service places trust in the users that they will adhere to their commitments in good faith. If you provide a commodity for sale and a buyer has won a bid for the commodity or you have won a bid for a commodity offered for sale by another user, you shall be responsible for completing the transaction. Except under extraordinary circumstances, you shall not withdraw any bid. Nor shall you be allowed to make a bid by way of manipulation, such as "bidding up" the highest bid in the course of a bidding so that other bidders will withdraw their bids and then re-making the bid at a price slightly higher than the second highest bid. If you provide a commodity for sale or participate in a bid, this means that you guarantee that you have the lawful right to sell or purchase that commodity.
Principles for advertising and selling commodities
If you are a seller, you agree to advertising the commodity that you wish to sell on the web page under the appropriate category and providing proper descriptions thereof. If you wish to sell several commodities, you must advertise identical commodities (which shall be of the same size, colour, brand name and model). The advertisements of the following commodities or particulars shall not be linked with or inserted into the descriptions of the commodity advertised by you: (a) commodities which have not been sold by you at Yahoo Auction; and (b) advertisements that you are not entitled to link with or insert into those descriptions.
Under no circumstances shall you be allowed to advertise or sell certain commodities, including:
As a vendor at Yahoo Auction, you agree to other users offering their comments regarding their experiences in carrying on transactions with you on the feedback column for the Service and also agree to exempting Yahoo and its users from assuming any legal liability for such comments.
Other Important Rules
Yahoo Auction will not get itself involved in the actual transaction conducted between a buyer and a seller. Yahoo does not have any power to control the quality, safety and legality of any commodity mentioned in an advertisement, the truthfulness and accuracy of the contents of the advertisement, a vendor's actual ability in selling the commodity that he/she advertises and a buyer's actual ability in purchasing the commodity that he/she bids for. Please remember that carrying on any transaction with an unknown person will incur risks and Yahoo is unable to control such risks. Yahoo has established a system for its users to provide their feedback on their own initiative in order to assist you in assessing your transaction targets. However, this is not absolutely safe. You should always act in a prudent manner. Yahoo suggests that you should communicate with your transaction targets in order to facilitate your assessment of the target persons. You should think carefully and a!
ct in a prudent manner so as to prevent an unknown person from taking advantage of you.
You agree to indemnify and hold Yahoo, and its branches, officers, agents, co-branders or other partners, and employees, 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 or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yahoo may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, 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 Service in a given period of time. You agree that Yahoo has no responsibility or liability for the deletion of, or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Yahoo reserves the right to log off accounts that are inactive for an extended period of time. You further a! cknowledge that Yahoo reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
13. MODIFICATIONS TO SERVICE
Yahoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (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 Service.
You agree that Yahoo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Yahoo believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Yahoo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice to you. You agree that any discontinuation or termination of your access to the Service under any provision of this TOS may be effected without prior notice to you, and acknowledge and agree that Yahoo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Yahoo shall not be liable to you or any third-party for any discontinuation or termination of your access to the S! ervice or the deactivation or deletion of your account and related information and files.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yahoo has no control over such sites and 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 sites or resources.
17. YAHOO'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("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 sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yahoo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service 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 of, 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, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Yahoo for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE SAVE AS OTHERWISE EXPRESSLY PROVIDED HEREIN.
20. 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 18 AND 19 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 18 and 19 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for, nor should it be relied upon for trading or investing purposes. Yahoo and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
23. TRADEMARK INFORMATION
Yahoo!, the Yahoo! logo, Yahoo! in Chinese Characters, Yahooligans!, the Yahooligans! design, the "Jumpin Y Guy" logo, Do you Yahoo!?, Y!, Y! stylized, My Yahoo!, Eyeballs design, Homework Answers, The Scoop, Get Local, the Worlds Favorite Internet Guide, the Sunglasses design, e Cafe? Yahoo!, Viaweb, Shop Find, EZSpree, EZWheels, I Shops, Permission Marketing, Yoyodyne, Get Rich Click, and Geocities trademarks and service marks, and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the "Yahoo Marks"). Without Yahoo's prior written permission, you agree not to display or use or otherwise deal with the Yahoo Marks in any manner or represent or hold out that you have any right to display, use or otherwise deal with the same.
24. COPYRIGHTS and COPYRIGHT AGENTS
Yahoo respects the intellectual property of others, and we ask our users to do the same. 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:
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Yahoo and govern your use of the Service, superceding any prior agreements between you and Yahoo. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The TOS and the relationship between you and Yahoo shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") without regard to its conflict of law provisions. You and Yahoo agree to submit to the exclusive jurisdiction of the courts in Hong Kong. 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. You agree that regardless of any statute or law which may provide otherwise, any claim or cause of action arising out of or related to use of the Service or the TOS must be brought within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
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