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Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Yahoo!Xtra New Zealand Limited. ("Yahoo!Xtra" or "we" or "us") 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. In addition, when using particular Yahoo!Xtra services, you and Yahoo!Xtra 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 are hereby incorporated by reference into the TOS.

Please help us keep Yahoo!Xtra an enjoyable and positive experience. If you see a listing that violates the rules below, please let us know by contacting us through "Help Central".

2. DESCRIPTION OF SERVICE

Yahoo!Xtra currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalised 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 Yahoo!Xtra properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Yahoo!Xtra assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to:

  1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and
  2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Yahoo!Xtra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo!Xtra 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).

4. YAHOO!XTRA PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.

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:

  1. immediately notify Yahoo!Xtra of any unauthorised use of your password or account or any other breach of security; and
  2. ensure that you exit from your account at the end of each session. Yahoo!Xtra cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

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!Xtra, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.

Yahoo!Xtra 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!Xtra 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 or otherwise transmitted via the Service.

You agree to not use the Service to:

  1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Yahoo!Xtra official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
  6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  8. upload, post, email or otherwise transmit 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;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. 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;
  12. "stalk" or otherwise harass another person; or
  13. collect or store personal data about other users.

You acknowledge that Yahoo!Xtra does not pre-screen Content, but that Yahoo!Xtra 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!Xtra 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!Xtra or submitted to Yahoo!Xtra, including without limitation information in Yahoo!Xtra Message Boards, Yahoo!Xtra Clubs, and in all other parts of the Service.

You acknowledge and agree that Yahoo!Xtra may preserve Content and may also disclose Content if required to do so by law or 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!Xtra, 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; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transfer and storage of your Content in New Zealand, Australia, the United States or elsewhere.

7. SPECIAL WARNINGS FOR INTERNATIONAL USE

Recognising 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 data exported from Australia, New Zealand or the country in which you reside.

8. PUBLIC CONTENT POSTED TO YAHOO!XTRA

  1. For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public Message Boards Yahoo!Xtra Message Boards, but would not include private Yahoo!Xtra communication services such as Yahoo!Xtra Mail or Yahoo!Xtra Messenger.
  2. With respect to Content you elect to post for inclusion in publicly accessible areas of Yahoo!Xtra Message Boards or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Yahoo!Xtra the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Yahoo!Xtra Message Boards to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
  3. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Yahoo!Xtra the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

9. INDEMNITY AND RELEASE

We have no control over the Content of the Service.

You agree to indemnify and hold Yahoo!Xtra, and its subsidiaries, affiliates, 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 to 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.

10. 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.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Yahoo!Xtra 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!Xtra'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!Xtra 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 Service. You acknowledge that Yahoo!Xtra reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Yahoo!Xtra reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

Yahoo!Xtra 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!Xtra shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

You agree that Yahoo!Xtra, 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!Xtra believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Yahoo!Xtra may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Yahoo!Xtra 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!Xtra shall not be liable to you or any third-party for any termination of your access to the Service.

14. 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!Xtra 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.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Yahoo!Xtra has no control over such sites and resources, you acknowledge and agree that Yahoo!Xtra 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!Xtra 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.

16. YAHOO!XTRA'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!Xtra 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!Xtra 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!Xtra for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Yahoo!Xtra expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
  2. Yahoo!Xtra makes no warranty that:

18. LIMITATION OF LIABILITY

You expressly understand and agree that Yahoo!Xtra 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!Xtra has been advised of the possibility of such damages), resulting from:

  1. the use or the inability to use the Service;
  2. 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;
  3. unauthorised access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the Service; or
  5. any other matter relating to the Service.

If you are a resident of Australia, you agree that Yahoo!Xtra's liability for any breach of a condition or warranty implied by Division 2 of Part v of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the Service shall be limited as follows:

  1. in the case of goods, to any one or more of the following (as Yahoo!Xtra may determine): (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired.
  2. in the case of services, to one of the following (as Yahoo!Xtra may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.

If you are a resident of New Zealand and use this Service for a business purpose, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Service or these terms.

19. 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 disclaimers of warranty and limitations may not apply to you.

20. SPECIAL WARNING 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 disclaimer of warranties and limitations again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Yahoo!Xtra shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22. 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 Café 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! Inc.'s prior permission, you agree not to display or use in any manner, the Yahoo! Marks.

23. COPYRIGHTS and COPYRIGHT AGENTS

Yahoo!Xtra 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, please provide Yahoo!Xtra's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Yahoo!Xtra's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent
Yahoo!Xtra
P.O. Box 37381
Parnell
Auckland 1151
New Zealand
Contact Customer Care

When using the Service you may provide us with information about yourself or other matters. You grant Yahoo!Xtra exclusive rights in all of this information, and all information derived or generated from it, in all existing or future media. These rights include but are not limited to the right to display your information anywhere on Yahoo!Xtra 's services and media properties, to search the information, and, consistent with our privacy policy, to repackage and resell it to anyone for any reason. As used in this paragraph, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented by you on the Service.

24. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Yahoo!Xtra and govern your use of the Service, superseding any prior agreements between you and Yahoo!Xtra. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Yahoo!Xtra shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and Yahoo!Xtra agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand. The failure of Yahoo!Xtra 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 to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Yahoo!Xtra and any user of the Service. Any notice to you or to us shall be made by either email or regular mail.. You agree not to resell or assign your rights or obligations under these terms and conditions. You also agree not to make any unauthorised commercial use of the Service.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TOS to our Customer Care Group

Mobile Widget Terms Of Service — NEW ZEALAND

Welcome to Yahoo!Xtra. Your use of Yahoo!Xtra Mobile Widgets (defined below) is governed by the following Yahoo!Xtra Mobile Widgets Terms of Service ("MWTOS"), which incorporates by reference the Yahoo!Xtra Terms of Service ("TOS"), each of which may be changed by Yahoo!Xtra from time (collectively, the "Terms of Service") for example for legal, regulatory or security reasons or where there is a change to the terms of service under which we provide Yahoo!Xtra Mobile Widgets generally. You should review the Terms of Service periodically for changes and if you choose to use Yahoo!Xtra Mobile Widgets after any change to the Terms of Service, it means you agree to such change. At any time you can review the most current versions of the TOS and MWTOS which are available online at: http://nz.docs.yahoo.com/info/terms/.

1. DESCRIPTION OF MOBILE WIDGETS

. Mobile widgets are small software modules operating within Yahoo!Xtra's mobile widget environment and appearing on your mobile device that provide you with access to a variety of content and services. Some mobile widgets, including the content and services provided therein, are made available for your use by Yahoo!Xtra (each a "Yahoo!Xtra Mobile Widget") subject to these Terms of Service. You will be able to recognise Yahoo!Xtra Mobile Widgets by their distinctive Yahoo!Xtra branding. Other mobile widgets, including the content and services provided therein, may be made available for your use by third parties (each a "Third Party Widget"). Your use of Third Party Widgets and Yahoo!Xtra's disclaimer of responsibility for such widgets are discussed in Section 7 below.

The functionality of the Yahoo!Xtra Mobile Widgets and Third Party Widgets is dependent upon you having a suitable network connection and the settings you have selected (for example, how frequently the content available from the widget is refreshed). In any case, as is described further below, you should not rely upon the information, content or services you obtain or utilise using the Yahoo!Xtra Mobile Widgets and Third Party Widgets as Yahoo!Xtra does not guarantee that such information, content or services is accurate, complete or up to date.

2. YAHOO!XTRA MOBILE WIDGETS LICENSE GRANT

. Subject to the terms and conditions of these Terms of Service and except as otherwise expressly set forth herein, Yahoo!Xtra grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use the Yahoo!Xtra Mobile Widgets solely for your personal use.

3. YAHOO!XTRA MOBILE WIDGETS RESTRICTIONS

. You may not do any of the following with any Yahoo!Xtra Mobile Widgets: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Yahoo!Xtra Mobile Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Yahoo!Xtra Mobile Widgets; (b) obtain or attempt to obtain unauthorised access to the Yahoo!Xtra network; (c) incorporate Yahoo!Xtra Mobile Widgets into any hardware or software device that is not your personal mobile device; (d) use, export, or re-export Yahoo!Xtra Mobile Widgets in violation of applicable laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense Yahoo!Xtra Mobile Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Yahoo!Xtra's prior, express, written permission; (f) use Yahoo!Xtra Mobile Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service; and (g) use Yahoo!Xtra Mobile Widgets for any enterprise, commercial, or human safety purposes as the Yahoo!Xtra Mobile Widgets were not designed for such purposes. Any Yahoo!Xtra Mobile Widget's failure in such cases could lead to injury or damage.

4. OWNERSHIP AND RESERVATION OF RIGHTS

. Yahoo!Xtra Mobile Widgets, including any content or services provided therein, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Service. These Terms of Service grant you no right, title, or interest in any intellectual property owned or licensed by Yahoo!Xtra, including, without limitation, the Yahoo!Xtra Mobile Widgets and Yahoo!Xtra trademarks, and creates no direct relationship between you and Yahoo!Xtra's licensors, or between you and Yahoo!Xtra other than that of licensor to licensee under these Terms of Service. All rights in the Yahoo!Xtra Mobile Widgets, including any content or services provided therein, not expressly granted to you are reserved by Yahoo!Xtra, its licensors, or their respective owners.

5. SUPPORT AND UPDATES

. Yahoo!Xtra may not offer any technical or maintenance support for the Yahoo!Xtra Mobile Widgets. Yahoo!Xtra may offer upgrades or updates to the Yahoo!Xtra Mobile Widgets in its sole discretion. Yahoo!Xtra may change, suspend, or discontinue any aspect of the Yahoo!Xtra Mobile Widgets at any time without notice to you. Yahoo!Xtra may also impose limits on certain features and services or restrict your access to parts or all of the Yahoo!Xtra Mobile Widgets without notice or liability.

6. FEES AND PAYMENTS

. Yahoo!Xtra reserves the right to charge fees for future use of or access to the Yahoo!Xtra Mobile Widgets or the Yahoo!Xtra content and services relating thereto in Yahoo!Xtra's sole discretion. If you do not agree to pay such fees for your continued use, you will not be entitled to continue to use the relevant Yahoo!Xtra Mobile Widgets or the Yahoo!Xtra content and services relating thereto.

7. THIRD PARTY WIDGETS

. When you download, access, and/or use Third Party Widgets, you understand that such Third Party Widgets have not been approved or endorsed in any manner by Yahoo!Xtra and that Yahoo!Xtra is not responsible for your use of or inability to use any such Third Party Widgets including, without limitation, the content, services, accuracy, or reliability of such Third Party Widgets and the privacy practices or other policies of the third party. YOUR DOWNLOAD, ACCESS, AND/OR USE OF ANY THIRD PARTY WIDGETS IS AT YOUR OWN RISK. Third parties may require you to agree to their own terms of service, privacy policies, and/or other policies as a condition of using their widgets. Those terms and/or policies may give third parties rights beyond those provided by these Terms of Service. PLEASE REVIEW SUCH THIRD PARTYS' APPLICABLE TERMS AND/OR POLICIES CAREFULLY.

8. THIRD PARTY SOFTWARE, HARDWARE, AND SERVICES

. You are responsible for all third party software, hardware, and services used in connection with the Yahoo!Xtra Mobile Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with Yahoo!Xtra Mobile Widgets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.

9. DISCLAIMER OF WARRANTIES

.
NOTHING IN THESE TERMS OF SERVICE SEEKS TO LIMIT YOUR STATUTORY RIGHTS (WHERE THESE CANNOT BE RESTRICTED BY LAW) AND NOTHING IN THESE TERMS OF SERVICE SHALL SEEK TO RESTRICT YAHOO!XTRA'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY YAHOO!XTRA'S NEGLIGENCE.

SUBJECT TO THE FOREGOING:

a. SUBJECT TO APPLICABLE LAW, USE OF YAHOO!XTRA MOBILE WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THROUGH YAHOO!XTRA MOBILE WIDGETS (SUCH AS STOCK QUOTES, MARKET INFORMATION, NEWS, OR OTHER INFORMATION OR SERVICES) IS AT YOUR SOLE RISK AND SUCH OFFERINGS ARE PROVIDED "AS IS";

b. ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YAHOO!XTRA MOBILE WIDGETS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE;

c. SUBJECT TO APPLICABLE LAW, YAHOO!XTRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO YAHOO!XTRA MOBILE WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF YAHOO!XTRA MOBILE WIDGETS AND ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM; AND

d. IF YAHOO!XTRA MOBILE WIDGETS OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM PROVES DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL REPAIR,.

10. INDEMNIFICATION

. You agree to indemnify and hold Yahoo!Xtra harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your violation of any term or condition of these Terms of Service, your violation of applicable laws or any rights of another person or entity.

11. LIMITATION OF LIABILITY

. SUBJECT TO THE OPENING PARAGRAPH OF CLAUSE 9, YAHOO!XTRA AND ITS LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YAHOO!XTRA MOBILE WIDGETS, ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, YOUR USE OR INABILITY TO USE OR ACCESS YAHOO!XTRA MOBILE WIDGETS, OR ANY DATA, CONTENT, OR SERVICES ACCESSED THEREFROM, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS PARAGRAPH INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND LOSS OF BUSINESS OR PERSONAL INFORMATION.

12. TERMINATION

. These Terms of Service continue until terminated by either party. You may terminate these Terms of Service by discontinuing use of all Yahoo!Xtra Mobile Widgets and by destroying all your copies thereof. These Terms of Service terminate automatically if you violate any term hereof, Yahoo!Xtra publicly posts a written notice of termination on Yahoo!Xtra's web site, or Yahoo!Xtra sends a written (including email or text message) notice of termination to you directly. Your obligations in these Terms of Service survive any termination of these Terms of Service.

13. GENERAL TERMS

a. Entire Agreement. These Terms of Service and the Yahoo!Xtra Privacy Policy (and the documents incorporated by reference into those terms) constitute the entire agreement between you and Yahoo!Xtra and governs your use of Yahoo!Xtra Mobile Widgets, superseding any prior agreements between you and Yahoo!Xtra with respect to Yahoo!Xtra Mobile Widgets. In the event of any conflict between the terms and conditions of this MWTOS and those in the TOS, the terms and conditions of this MWTOS control, except to the extent that the TOS impose additional restrictions and liabilities on your actions.

b. Choice of Law and Forum. These Terms of Service and the relationship between you and Yahoo!Xtra shall be governed by the laws of New Zealand. You and Yahoo!Xtra agree to submit to the personal and exclusive jurisdiction of the courts located in Auckland. The United Nations Convention on the International Sale of Goods does not apply to the Yahoo!Xtra Mobile Widgets.

c. Waiver and Severability of Terms. The failure of Yahoo!Xtra to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

d. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Yahoo!Xtra Mobile Widgets or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The titles in these Terms of Service are for convenience only and have no legal or contractual effect.


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