21. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

22. NOTICE

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

23. TRADEMARK INFORMATION

Yahoo! and the Yahoo! logo, Y! and the Y! logo, Y! MUSIC logo, My Yahoo!, 1-800-MY-YAHOO, Addressguard, Audibles, Big Idea Chair, Gameprowler and the Gameprowler logo, Games Domain logo, GeoCities, GeoGuide, Get Local, HotJobs, HotJobs.com and the HotJobs.com logo, Imvironments, Inktomi, JT’s Blocks, the Jumpin’ Y Guy logo, Life Engine, Matchcast, Naval Command, Resumix, Smartfit, Smartview, Viaweb, Word Racer, Wordaholic and the Yahooligans! trademarks and service marks and other Yahoo! logos and product and service names are trademarks of Yahoo! Inc. (the “Yahoo Marks”) used by Yahoo! in Canada under permission. You agree not to display or use in any manner the Yahoo! Marks unless you obtain Yahoo Inc.’s prior express permission. If you are seeking permission to use any Yahoo! trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please follow the Yahoo! Inc. instructions located at http://docs.yahoo.com/info/copyright/permission.html.

24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Yahoo! respects the intellectual property of others, and we ask our users to do the same. Yahoo! may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yahoo! with the following information in writing:

1.a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.a description of the copyrighted work or other intellectual property that you claim has been infringed;

3.a description of where the material that you claim is infringing is located on the site;

4.your address, telephone number, and email address;

5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You can send claims of copyright or other intellectual property infringement to:

Yahoo! Canada Legal Department

106 Front St. East, Suite 200 Toronto, Ontario, Canada M5A 1E1

24. GENERAL INFORMATION

Entire Agreement. The TOS constitute the entire agreement between you and Yahoo! and govern your use of the Service, superseding any prior agreements, oral or written, between you and Yahoo! with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Yahoo! services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Yahoo! shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

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

No Right of Survivorship and Non-Transferability. You agree that your Yahoo! account is non-transferable and any rights to your Yahoo! I.D. or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Yahoo! may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.

Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.

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

25. VIOLATIONS

Please report any violations of the TOS to our Customer Care group.

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