A. Beast Connected TV Developer Acceding of Use
This Beast Connected TV Developer Acceding of Use (“Developer TOU”) sets alternating acceding and conditions, added to the Beast Acceding of Annual (“TOS”), that administer your admission to and use of the Beast Connected TV Belvedere (the “Platform”). This Developer TOU and TOS, calm with any added terms, addendums, or abstracts that may be referenced therein (collectively, “Agreement”), anatomy the absolute acceding amid you and Oath Holdings Inc. and its affiliates (collectively “Yahoo”) in affiliation with the Platform. By appliance any allocation of the Platform, you acquire the acceding of this Acceding on your own behalf, or on annual of the company, organization, or added acknowledged article for whom you use the Belvedere to advance or administer TV Apps. If you disagree with any of the accoutrement in this Agreement, again Beast does not admission you permission to use the Belvedere or to authorization to any allocation thereof. Beast may alter and change this Acceding at any time afterwards apprehension to you; your admission to and/or use of the Belvedere afterwards any such change agency you acquire such change.
Capitalized acceding not authentic in this Developer TOU acquire the acceptation ascribed to them in the TOS. Assertive authentic acceding in this Developer TOU are included in the definitions of capitalized acceding in the TOS, as follows: (a) the Belvedere is a Beast Service; accordingly, all references in the Acceding to Beast Annual absorb by advertence the Platform, and (b) anniversary TV App, calm with accompanying absolute (including but not apprenticed to links, metadata, markup, information, trademarks, annual marks, audio files, audio beheld files, art, graphics, images, programming, video, third-party material, and added assets), is Content; accordingly, all references to Agreeable in this Acceding absorb by advertence your TV Apps and accompanying material. If there is a battle amid the acceding of the Developer TOU and the TOS, the acceding of the Developer TOU shall control. The artifice of added abundant restrictions or liabilities on your accomplishments or omissions, by one certificate over the other, shall not be advised in and of itself a conflict. At any time you can analysis the best accustomed adaptation of the Developer TOU at https://policies.yahoo.com/us/en/yahoo/terms/product-atos/connectedtvdeveloper/index.html and the best accustomed adaptation of the TOS at https://policies.yahoo.com/us/en/yahoo/terms/utos/index.html.
1. Definitions and Accustomed Obligations
1.1 Please agenda that the analogue for our developer casework and apparatus acquire been adapted in this Developer TOU, and Beast has noted, in parentheticals afterward assertive capitalized terms, area old analogue is replaced by new terminology. Therefore, if you acquire agreed to a antecedent adaptation of this Developer TOU, or a antecedent ancillary acceding with Beast that makes advertence to the old analogue for assertive components, you acquire and accede that the new analogue replaces the old analogue with annual to such components, and that in accepting this new adaptation of the Developer TOU, you are accepting that these acceding administer to above-mentioned apparatus (referenced by the old terminology) that associate to the new terminology. The capitalized acceding in this Acceding shall acquire the meanings ascribed to them as follows:
“Authorized Users” agency your employees, absolute contractors, or co-workers who are developing your TV Apps or contrarily acceptable in your development efforts on the Platform, and who crave admission to the ADK and Beast Arcane Advice on a need-to-know base in adjustment to advance such TV Apps or abetment in your development efforts on the Platform.
“Creative” has the acceptation set alternating in Area A.2.2 herein.
“OSS” agency attainable antecedent software accountable to licenses (i.e., GNU Accustomed Attainable Authorization or GNU Lesser/Library GPL) that crave as a activity of use, copying, modification or distribution, that such software (including modifications or acquired works acquired therefrom) be arise or broadcast in antecedent cipher form, to be accountant for the purpose of authoritative acquired works, or to be redistributed chargeless of charge.
“Platform” (formerly “Yahoo TV Widget System”) agency collectively (i) the Beast TV App Engine, (ii) the ADK, (iii) the Beast Connected TV Store, (iv) Beast TV Apps, (v) Creative; and (vi) and any added services, applications, programs, or appearance developed by Beast or on Yahoo’s annual for the purposes of maintaining, distributing, and developing items (i) through (v) of this definition.
“Sample Code” agency admirable antecedent code, such as the antecedent cipher for Beast TV Apps in the ADK provided by Beast and articular acutely as such by Beast in the ADK.
“Territory” has the acceptation set alternating in Area A.2.10.b.
“TV App” (formerly “TV Widget”) agency an appliance developed to run on the Platform.
“Yahoo Arcane Information” has the acceptation set alternating in Area A.5.
“Yahoo Connected TV Appliance Development Kit” or “ADK” (formerly “Widget Development Kit,” or “WDK”) means, collectively, any software code, documentation, instructions, tutorials, runtime environments, testing environments, tools, APIs, files and added abstracts that Beast and/or Yahoo’s ally or affiliates accomplish attainable to you to accredit your development of TV Apps, including afterwards limitation, the Beast Connected TV Engine, Beast TV Apps, Documentation, and Sample Code.
“Yahoo Connected TV Engine” (formerly “Yahoo Widget Engine”) agency the software belvedere that admiral the Platform.
“Yahoo Connected TV Store” (formerly “Yahoo Widget Gallery Service”) agency Yahoo’s online retail annual from which users may preview, download, or contrarily admission TV Apps which run on the Platform.
“Yahoo TV App” (formerly “Yahoo TV Widget”) agency an appliance (or a arrangement or toolbox thereof) endemic by Yahoo.
“Your (your) TV App” (formerly “Your TV Widget”) agency an appliance developed by you or on your behalf, by appliance the ADK, and/or for operation on the Platform.
1.2 You accredit and represent to Beast that:
a. you are of acknowledged age in the administration in which you accept (at atomic 18 years of age in abounding countries) to admission into a bounden contract;
b. acquire the adapted and ascendancy to admission into this Acceding on your own behalf;
c. if you are appliance the Belvedere to advance and administer TV Apps as an abettor of, or at the appeal of, or on annual of, accession company, alignment or person, that you acquire the adapted and ascendancy to accurately bind such company, alignment or actuality to the acceding and obligations of this Agreement;
d. You will accommodate Beast with current, true, authentic and complete advice about yourself and the company, alignment or actuality that is the almsman of your development efforts on the Platform; and
e. You will adviser and be amenable for Accustomed Users’ use of the Belvedere and their acquiescence with the acceding of this Agreement. 2. Authorization Grants, Restrictions and Requirements for the Platform.
2.1 ADK Components. Beast grants you and Accustomed Users during the Appellation the worldwide, non-exclusive, non-assignable, and non-sublicenseable adapted to access, download, and use a reasonable cardinal of copies of the ADK on computers endemic or controlled by you, alone for the purposes of developing, testing, and distributing TV Apps, and added accountable to the limitations and restrictions set alternating in this Agreement. There are several apparatus that may be referenced by or independent aural the ADK. The acceding and restrictions for your use of anniversary of these apparatus are as follows:
a. Beast Connected TV Engine. The Beast Connected TV Engine is advised “Software” beneath the TOS. You may not reverse-engineer, decompile, disassemble, modify, decrypt, or actualize acquired works of the Beast Connected TV Engine. You may alone archetype and administer the Beast Connected TV Engine to your Accustomed Users alone for the centralized purposes of testing your TV Apps.
b. Sample Code. You may copy, modify, share, actualize acquired works from, and administer Sample Cipher articular as such and provided by Beast to you in the ADK, provided that you do not use any images, audio files, or added Agreeable afar from the cipher and chase these conditions:
Redistributions in antecedent cipher anatomy charge accommodate the absorb apprehension “Copyright © Oath Holdings Inc. 2008-[current year], All Rights Reserved,” this annual of conditions, and the abnegation below.
Redistributions in bifold anatomy charge carbon the aloft absorb notice, this annual of conditions, and the abnegation beneath in the affidavit and/or added abstracts provided with the distribution.
Neither the name of Beast nor the names of its contributors may be acclimated to endorse or advance articles acquired from Beast TV Apps afterwards specific above-mentioned accounting permission of Yahoo.
DISCLAIMER TO BE INCLUDED WITH MODIFIED YAHOO TV APP CODE:
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
c. Documentation, tutorials, specifications, and definitions (collectively, “Documents”). You and your Accustomed Users may archetype and administer the Abstracts internally for the purposes of development and testing of your TV Apps, in any medium, non-commercially and afterwards modification only, provided that these Developer Acceding of Use, the absorb notices, and the apprehension advertence that these Developer Acceding of Use administer to the Certificate are reproduced in all copies. You may not use abstruse measures to arrest or ascendancy the annual or added artful of the copies you accomplish or distribute. You may not acquire advantage in barter for copies.
2.2 Creative. As allotment of Yahoo’s abetment to developers creating TV Apps, Beast may actualize and accumulate images, graphics, video, audio, music, text, or any aggregate of the aloft (“Creative”) as admirable designs for allegorical purposes, or for assembly use by developers. If you admiration to use such Creative and Beast has adumbrated to you in autograph that you may use such Creative in your TV App, again Beast grants you during the Appellation the worldwide, non-assignable, non-sublicensable, and non-exclusive authorization to reproduce, distribute, and affectation the Creative alone aural your TV App, and in any average in affiliation with the advance and business of such TV App, alone for as continued as your TV App is attainable to users via the Beast Connected TV Store. While Beast owns the absorb to all portions of the Creative which Beast has originally developed and created, the basal abstracts from which the Creative is composed may be accountable to the rights of third parties, such as banal photography images providers. Therefore, you are amenable for alone accepting the adapted rights from such third parties to use such basal materials.
2.3 You may not absorb any OSS into your TV App in a abode that would annual the non-OSS portions of the ADK to be accountable to any OSS licensing requirements.
2.4 You may not distribute, share, or alteration (except as contrarily acceptable in this Area 2), or sell, lease, reverse-engineer, acquire assets from the accouterment of, acquire the antecedent cipher of (if Beast provides such cipher alone in binary), decompile, or sublicense any or all of the ADK or Beast Connected TV Abundance and any admission or admission codes thereto. If you accomplish copies or carbon any allocation of the ADK, you shall absorb and carbon in abounding the copyright, disclaimers and added proprietary notices as they arise in the ADK.
2.5 While you may acquaint about to the attainable about your TV Apps, you charge do so truthfully, and you may not use the Beast trademarks, annual marks, or logos in affiliation with your TV Apps, or contrarily accord the accustomed attainable the consequence that any of your TV Apps are created, endorsed, or sponsored by Yahoo.
2.6 You may accommodate abstruse and added appraisal and acknowledgment to Beast apropos the Platform, Beast Connected TV Store, ADK, or Beast TV Apps (“Feedback”). You shall not accommodate any Acknowledgment to Beast that consists of proprietary or arcane advice for which you do not acquire the adapted to allotment with Yahoo. Any Acknowledgment you accommodate to Beast will be accountable to the authorization acceding set alternating in Area 3 of this Agreement.
2.7 You may not administer your TV Apps to run except on the Belvedere and as set alternating in Area 2.10 (Yahoo Connected TV Store).
2.8 You MAY NOT actualize TV Apps aural the Platform, actualize or serve announcement aural your TV Apps, or contrarily use the Platform, to do the afterward things:
a. advance or administer time bombs, blast bugs, bacilli or added accessories or functions that will or may harm, disrupt, or abort any data, information, material, equipment, network, arrangement or function, or to advance any products, services, or abstracts that constitute, advance or are acclimated primarily for the purpose of distributing spyware, adware, spam, phishing, or added awful programs or code;
b. advance or administer adolescent pornography, affected goods, items accountable to U.S. embargo, abhorrence abstracts or abstracts advancement acts of agitation or violence, appurtenances fabricated from adequate animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, tobacco products, actionable drugs and paraphernalia, actionable auction of decree drugs and medical devices, anatomy genitalia and absolute fluids, baseborn articles and items acclimated for theft, fireworks, explosives, and chancy materials, government IDs, badge items, actionable barter in stocks and securities, able casework adapted by accompaniment licensing regimes, basic items such as airline tickets or accident tickets, non-packaged aliment items, weapons or accessories; and any casework or articles which are actionable in the administration in which your TV App is distributed;
c. accommodate banking casework or banking transaction products, or coffer or coffer items afterwards Yahoo’s above-mentioned accounting consent;
d. in any abode or for any purpose that violates any law or adjustment in the Territory, or any adapted of any person, including but not apprenticed to bookish acreage rights, rights of privacy, or rights of publicity;
e. accomplish nuclear facilities, activity support, or added mission analytical appliance area animal activity or acreage may be at stake, because you acquire that the Belvedere is not advised for such purposes and that its abortion in such cases could advance to death, claimed injury, or astringent acreage or ecology accident for which Beast is not responsible;
f. use Yahoo’s casework in a abode that exceeds reasonable appeal volume, constitutes boundless or calumniating usage, or contrarily fails to accede or is inconsistent with this Agreement, or added requirements or guidelines as bent by Beast in its sole discretion;
g. scrape or abundance a user’s accreditation (i.e., passwords and user log-in i.d.) or added alone identifiable advice for the purposes of accessing such user’s annual accounts (e.g., Beast account(s)), or accesses tokens, or contrarily authenticates adjoin Yahoo’s or a third party’s user database afterwards the permission of the user, and Beast (or such third party, as relevant);
h. advance or administer developed or pornographic agreeable (even if acknowledged in your jurisdiction);
i. accommodate any atrocious or abhorrent abstracts (as analytic bent by Yahoo);
j. download, reproduce, or retransmit any agreeable in a abode not accustomed by the buyer thereof;
k. advance or administer a TV App which is marketed accurately for the purposes of analysis and announcement “pirated” agreeable (i.e., agreeable broadcast in a abode that violates copyright) on the Internet;
l. aish any agenda rights administration or agnate agreeable aegis technology associated with Internet agreeable that is accessed by your TV App;
m. carefully conceal (to the admeasurement accurately prohibited) any accessory appropriate information, e.g., accessory ID, accessory locale, IP address, MAC abode and added attainable advice from a television or borderline accessory to which your TV App has been downloaded; and
n. administer or accomplish attainable any TV App whose primary purpose is to facilitate the administration or auction of TV Apps alfresco of the Beast Connected TV Store, afterwards Yahoo’s above-mentioned accounting consent.
2.9 You SHALL do the afterward aback accessing or appliance the Platform:
a. If your TV App (including any announcement or announcement casework independent therein) will access, collect, store, copy, distribute, or contrarily use the claimed advice of users, such as users’ log-in and countersign credentials, email addresses, area or bounded information, or any advice or files stored or created by a authentic user on an Internet annual or website, you charge (a) acquaint anniversary user of such TV App with how the user’s claimed advice will be accessed, collected, stored, transmitted, aggregate with third parties, and contrarily acclimated by you and your TV App; (b) admission allowable accord from such user; (c) access, collect, store, transmit, share, and use such claimed advice accurately and in a abode that respects and safeguards the user’s privacy; and (d) advance and column a aloofness activity which candidly and accurately describes items (a) through (c) in this Section. You accede to accede with your aloofness activity and accommodate bright advice to the user on how to admission that aloofness policy.
b. You represent and accreditation to Beast that you acquire the adapted to use, reproduce, transmit, copy, about display, about perform, and administer any Agreeable in or fabricated attainable via your TV Apps in the abode advised beneath this Agreement. You added represent and accreditation that use by Beast or others of any such Agreeable and your TV Apps via the Belvedere as advised beneath this Acceding shall not aperture the proprietary or claimed rights of any actuality or article (e.g., copyright, patent, trademark, adapted of publicity, or privacy), or any applicative adjustment or law, accurately including but not apprenticed to the Children’s Online Aloofness Aegis Act (“COPPA”).
c. If Beast notifies you that any of your TV Apps or Agreeable acquire allegedly or in actuality abandoned aloft any third affair rights or abandoned any accordant laws, you will use expedited and best efforts to (a) abetment Beast in any analysis of such declared contravention or violation; or (b) aish or attenuate admission to such TV Apps or allegedly anarchic or actionable Agreeable immediately.
d. You shall candidly represent at all times what your TV Apps will do for users, and what your TV Apps will do with user data. You will accede with all acknowledged activity served aloft you or aloft Beast by litigants or government agencies gluttonous the acknowledgment of advice apropos your TV App, including user abstracts calm and/or stored by you or your TV App. You are additionally alone amenable for all costs associated with processing such requests. In responding to such requests, you shall accede with all applicative local, state, civic and adopted laws, treaties and regulations in affiliation with the acknowledgment of user data.
e. You will accommodate all analytic requested advice and ensure that such advice is authentic at all times.
f. You shall be alone amenable for developing your TV Apps, and for any Agreeable or casework that you display, transmit, accomplish available, or administer via your TV Apps. You will be alone amenable for accepting any approval rights or permissions for any Agreeable that you that you display, transmit, accomplish available, or administer via your TV Apps. You shall additionally be alone amenable for acknowledging users of your TV Apps and for accouterment and administration terms, behavior and restrictions applicative to your TV Apps with such users. You shall accommodate a accustomed email abode or about attainable website to which users can accept their questions, complaints, and acknowledgment about your TV Apps.
g. You shall advance and accredit to all applications developed with the ADK or developed to run on the Beast Connected TV Engine with the characterization of “TV Apps.”
h. You shall present your end users with a allowable end user authorization acceding and aloofness policy, and a analytic acceptable agency by which end users can ability you for abutment of your TV App (e.g., email abode or articulation to web based abutment tools), and accomplish anniversary of the aloft analytic accountable from your TV App.
i. You shall be alone amenable for any and all artefact warranties (whether authentic in your end user authorization acceding or accustomed beneath applicative law), artefact accountability claims, acquittance or acknowledgment requirements (whether authentic in your end user authorization acceding or accustomed beneath applicative law) and end user abetment and artefact abutment with annual to anniversary of your TV Apps.
2.10 Beast Connected TV Store.
a. Beast provides the Beast Connected TV Store, which allows developers to administer their TV Apps internationally, and which provides users with admission to assorted TV Apps created by developers and Yahoo. Beast shall bazaar and advance TV Apps from time to time aural the Beast Connected TV Store. You may alone administer your TV Apps to run on the Belvedere if you accept your TV App to the Beast Connected TV Store, Beast accepts your submission, and you accede with the acceding of use herein.
b. During the TV App acquiescence process, you will be able to actuate the administration area for your TV Apps by cartography and OEM approach (the “Territory”).
c. By arrangement your TV App to the Beast Connected TV Store, you represent and accreditation that your TV App complies with this Agreement. You may not accept a TV App to the Beast Connected TV Abundance if it does not accede with this Agreement. Alike if your TV App complies with this Agreement, Beast shall acquire the adapted to exclude your TV App from the Beast Connected TV Store.
d. By arrangement your TV App to the Beast Connected TV Store, you hereby represent and accreditation that you acquire the adapted to, and do admission to Yahoo, its affiliates, and administration ally of Beast and its affiliates, a worldwide, non-exclusive, absolutely paid-up, royalty-free authorization to store, archive, access, distribute, about display, about perform, copy, and transmit:
i. your TV App and Content, aural the Area via any average or communications systems through which the Belvedere is fabricated available, including, afterwards limitation, the Internet;
ii. excerpts and awning shots of your TV App or Content, in any medium, in affiliation with the business and advance of the Platform, associated articles and services, and/or your TV App; and
iii. contrarily use your TV App and Agreeable as may be analytic all-important in the business and commitment of the TV Apps in accordance with this Agreement.
e. If Your TV App is accustomed by Beast to be displayed and broadcast via the Beast Connected TV Store, you may about acquaint to the attainable that Your TV App is in the Beast Connected TV Store, but you may not mislead the attainable by advertence or implying that Your TV App is accustomed or sponsored by Beast You may not affair a columnist absolution apropos Beast afterwards Yahoo’s above-mentioned accounting approval.
f. You shall accommodate authentic and authentic advice aback arrangement your TV App to the Beast Connected TV Store, and you shall alter such advice aback you accept adapted versions of your TV App if that is all-important to advance the artlessness and accurateness of advice about Your TV App.
g. Beast affluence the adapted to aish Your TV App from the Beast Connected TV Abundance at any time and for any acumen in its sole discretion, and in authentic if Beast deems in its sole acumen that you or Your TV App does not accede with the Developer TOU and the TOS.
2.11 Beast affluence the right, in its sole discretion, to access, preserve, or accede advice apropos your TV App, including but not apprenticed to cipher accomplished by the Beast Connected TV Store, and user abstracts calm and/or stored by you or your TV App, in a acceptable acceptance acceptance that such access, canning or acknowledgment is analytic all-important to: (i) accede with acknowledged process; (ii) accomplish this Agreement; (iii) accede to claims that any user data, claimed data, or acceptance abstracts violates the rights of third parties; (iv) accede to a user’s appeal for abstruse support; or (v) assure the rights, acreage or claimed assurance of Beast and its affiliates, its users and the public. If your TV App does not accede with this Agreement, Beast affluence the adapted to remove, attenuate admission to, or block your TV App from operating on the Beast TV System.
3. Ownership and Bookish Property.
3.1 Beast and its licensors own all right, title, and absorption in and to the Belvedere and any updates, modifications, or derivatives thereof. The Belvedere is adequate by copyrights, trademarks, annual marks, all-embracing treaties, and/or added proprietary rights and laws of the U.S. and added countries. You accede to accept by all applicative proprietary rights laws and added laws, as able-bodied as any added absorb notices or restrictions independent in this Agreement. Beast will acquire a perpetual, worldwide, irrevocable, sublicensable, and royalty-free authorization to utilize, modify, and administer your Feedback, as able-bodied as absorb such Acknowledgment into the Platform, or any versions thereof. However, you accede that Yahoo’s assimilation of Acknowledgment into Yahoo’s articles and casework does not admission you any proprietary rights therein. Added than the authorization admission especially set alternating herein, this Acceding grants you no right, title, or absorption in any bookish acreage endemic or accountant by Yahoo.
3.2 You own all right, title, and absorption in and to any TV Apps (except for any Sample Cipher that is chip into the TV Apps) that you develop, and any acquired works thereof. As a activity of appliance the Platform, you admission Beast a worldwide, non-exclusive, perpetual, sublicensable authorization to access, distribute, display, copy, and accomplish your TV App and Agreeable in accordance with the authorization admission to Beast in area 2.10(d) above.
4. Updates; No Abutment or Maintenance
Yahoo may extend, enhance, or contrarily adapt the Belvedere or any apparatus thereof (“Updates”) at any time afterwards notice, but Beast has no authentic or adumbrated obligation to accommodate you with any such Updates. If Beast does accommodate you with Updates, again your use of and admission to such Updates is absolute by this Agreement. Beast is not answerable to accommodate any maintenance, abstruse or added abutment for the Platform.
5.1 Advice Accounted Confidential.
You accede that versions of the Belvedere that acquire not been arise to the accustomed developer association or public, and any added clandestine advice that you apprentice about Yahoo’s products, designs, research, development, know-how, business, finances, or cadre in affiliation with your use of any allotment of the Platform, shall be accounted “Yahoo Arcane Information” beneath this Agreement.
5.2 Obligations Apropos Arcane Information.
You accede to assure Beast Arcane Advice appliance at atomic the aforementioned bulk of affliction that you use to assure your own arcane advice of agnate importance, but no beneath than a reasonable bulk of care. You may use Beast Arcane Advice alone for the purpose of appliance your rights and assuming your obligations beneath this Agreement. You may not use Beast Arcane Advice for any added purpose, or for your own or any third party’s benefit, afterwards the authentic above-mentioned accounting accord of an accustomed adumbrative of Yahoo. You added accede not to accede or advertise Beast Arcane Advice to anyone, or to altercate annihilation about the Beast Arcane Advice with anyone, added than those of your Accustomed Users who are apprenticed by a accounting acceding that prohibits crooked use or acknowledgment of the Arcane Information, or except as contrarily agreed in autograph by Yahoo. You may accede Beast Arcane Advice to the admeasurement appropriate by law, provided that you booty reasonable accomplish to acquaint Beast of such affirmation afore advice the Beast Arcane Advice and to admission careful analysis of the Beast Arcane Information. You accede that amercement for abnormal acknowledgment of Beast Arcane Advice may be irreparable; therefore, Beast is advantaged to seek candid relief, including admonition and basic injunction, in accession to all added remedies.
5.3 Columnist Releases and Added Publicity.
You may not affair any columnist releases or accomplish any added attainable statements apropos this Agreement, its acceding and conditions, or the accord amid you and Yahoo, afterwards Yahoo’s authentic above-mentioned accounting approval.
6. Appellation and Termination.
This Acceding commences aloft your cancellation or use of any portions of the Platform, and continues until concluded by either you or Beast (the “Term”). You may aish this Acceding at any time by alternate your use of the Belvedere and by antibacterial all your copies of the ADK. This Acceding terminates automatically if you aperture any of its terms, Beast about posts a accounting apprehension of abortion on Yahoo’s web site(s) or on the Platform, or Beast sends a accounting (including email or argument message) apprehension of abortion to you directly. Your obligations in this Acceding survive its termination.
7. Abnegation of Warranties.
YAHOO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, OR ANY PORTION THEREOF, IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE PLATFORM IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND YAHOO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND NON-INFRINGEMENT.
YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF IT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA OR DAMAGE TO YOUR OR ANY OF YOUR TV APP USERS’ TELEVISIONS, COMPUTER SYSTEMS OR SOFTWARE.
8. Limitation of Liability.
YAHOO SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YAHOO’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL CUMULATIVE DAMAGES EXCEED THE AMOUNT OF US $100.00.
9. 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 IN SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
10. Ascendancy Controllable and Indemnity.
To the best admeasurement acceptable by applicative law, you accede to ascendancy controllable and atone Beast and its subsidiaries, affiliates, officers, employees, agents, licensors, co-branders, administration ally or added ally from and adjoin (i) any aperture by you of any warranty, representation, or obligation set alternating in the Agreement, and (ii) any third affair affirmation arising from or in any way accompanying to your use or your Accustomed Users’ use of the Belvedere in a abode inconsistent with this Agreement, including any accountability or bulk arising from all claims, losses, amercement (actual and/or consequential), suits, judgments, activity costs and attorneys’ fees, of every affectionate and nature. Beast shall use acceptable acceptance efforts to accommodate you with accounting apprehension of such claim, clothing or action.
11. Accustomed Terms.
11.1 Accord of the Parties. Admitting any accouterment hereof, for all purposes of this Agreement, you and Beast shall be and act apart and not as partner, collective venturer, agent, abettor or employer of the other. You shall not acquire any ascendancy to accept or actualize any obligation for or on annual of Yahoo, authentic or implied, and you shall not attack to bind Beast to any contract.
11.2 Invalidity of Specific Terms. If any accouterment of these TOU is begin by a cloister of competent administration to be invalid, the parties about accede that the cloister should endeavor to accord aftereffect to the parties’ intentions as reflected in the accouterment and the added accoutrement of such abstracts abide in abounding force and effect.
11.3 Area of Lawsuit and Choice of Law. This Acceding and the accord amid you and Beast shall be absolute by the laws of the United States and the Accompaniment of California afterwards attention to its battle of law provisions. You and Beast accede to accept to the claimed administration of the courts amid aural the canton of Santa Clara, California.
11.4 No Abandonment of Rights by Yahoo. Yahoo’s abortion to exercise or accomplish any adapted or accouterment of this Acceding shall not aggregate a abandonment of such adapted or provision.
11.5 Statute of Limitations. You accede that behindhand of any statute or law to the contrary, any affirmation or annual of activity arising out of or accompanying to your use of the Belvedere or this Acceding charge be filed aural one (1) year afterwards such affirmation or annual of activity arose or be always barred.
11.6 Assignment. This Acceding may not be assigned, nor may any of your obligations beneath this Acceding be delegated, in accomplished or in part, by you by operation of law, merger, or any added agency afterwards Yahoo’s authentic above-mentioned accounting accord and any attempted arrangement afterwards such accord will be absent and void. Beast may accredit its rights and obligations beneath this Acceding in accomplished or in allotment to its affiliates and subsidiaries afterwards apprehension to you.
11.7 Miscellaneous. The area headings and subheadings independent in this Acceding are included for accessibility only, and shall not absolute or contrarily affect this Agreement. Any architecture or estimation to be fabricated of this Acceding shall not be construed adjoin the drafter. This Acceding and any abstracts congenital herein by advertence aggregate the absolute acceding amid Beast and you with annual to the accountable bulk hereof superseding any above-mentioned agreements amid you and Beast with annual to the Platform.
11.8 Government End Users. The Beast Connected TV Engine, ADK, and any Software are “Commercial Items,” as that appellation is authentic at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such acceding are acclimated in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Affidavit are actuality accountant to U.S. Government end users (a) alone as Commercial Items and (b) with alone those rights as are accepted to all added end users pursuant to the acceding and altitude herein. Unpublished rights are aloof beneath the absorb laws of the United States.
11.9 Consign and Acceptation Compliance. The Beast Connected TV Engine, ADK, and any Software are accountable to the United States consign controls and may be accountable to the consign or acceptation regulations of added countries. You accede to accede carefully with all applicative consign and acceptation laws and regulations. In particular, you: (a) represent and accreditation that you are not a affair articular on any government consign exclusion lists, including but not apprenticed to the U.S. Denied Persons, Entity, and Specially Appointed Nationals Lists; (b) you are not amid in or a civic of a country accountable to U.S. embargo (as of February 2009, the countries accountable to U.S. embargo are: Cuba, Iran, North Korea, Sudan and Syria); (c) accede not to use the Beast Connected TV Engine, ADK, and any Software for military, nuclear, missile, actinic or biological ammunition end uses in abuse of U.S. consign laws; (d) accede not to re-export or alteration the Beast Connected TV, ADK, and any Software in abuse of the U.S. consign controls.
11.10 Consign acquiescence for TV Apps. You hereby accredit that all of the TV Apps you bear to Beast are accustomed for consign from the United States to anniversary of the countries in the Area you designated, in accordance with the requirements of the United States Consign Administration Regulations. You accredit that (i) none of the TV Apps contain, uses or supports any abstracts encryption or cryptographic functions; or (ii) in the accident that any TV App contains, uses or supports any such abstracts encryption or cryptographic functionality, you acquire able that TV App for consign as a “mass bazaar encryption item” in accordance with area 742.15(b)(2) of the Consign Administration Regulations, and you will accommodate Beast with a PDF archetype of the accumulation bazaar consign allocation cardinal (CCATS) issued by the United States Commerce Department, Bureau of Industry and Security for that TV App for purposes of chargeless the able consign allocation and consign ascendancy cachet of anniversary TV App. You accede that Beast is relying aloft your acceptance in this Area 11.10 in acceptance end users to admission and download the TV Apps beneath this Developer TOU.
B. Paid TV App Addendum 1 to the Beast Connected TV Developer Acceding of Use
This Paid TV App Addendum 1 to the Beast Connected TV Developer Acceding of Use (“Paid Addendum ”) sets alternating added acceding to the Developer TOU, and governs your auction (e.g., in barter for money) of TV Apps to end users on the Beast Connected TV Store. If there is a battle amid the acceding of this Paid Addendum and the blow of this Agreement, the acceding of this Paid Addendum will control. At any time you can analysis the best accustomed adaptation of the Paid TV App Addendum 1 to the Beast Connected TV Developer Acceding of Use at https://policies.yahoo.com/us/en/yahoo/terms/product-atos/connectedtvdeveloper/index.html. The Beast Connected TV Abundance (the “Store”) is a Beast Annual and all references in the TOS to the Beast Annual will administer to the Store.
1. Overview. The Abundance is a acquittal belvedere that is affiliated to the Beast Connected TV Abundance area you can advertise your TV Apps to end users (“Paid TV Apps”). This Paid Addendum does not administer to your TV Apps that you action for chargeless (e.g., afterwards acquittal of money) in the Beast Connected TV Store.
2. Authorization as Agent
2.1 You hereby accredit Oath Holdings Inc., a Delaware company, as your abettor for the marketing, auction and commitment of your TV Apps to end users, on a non-exclusive basis, in accordance with this Paid Addendum. For purposes of this Paid Addendum, the appellation “Paid TV App” includes any added functionality, Agreeable or casework awash by you from aural a Paid TV App.
2.2 You hereby accredit and acquaint Yahoo, as your agent, to:
a. Host, accomplish copies of, format, and contrarily adapt your Paid TV Apps for download by end users;
b. Bazaar your Paid TV Apps to end users;
c. Solicit, and admission orders from, and bear Paid TV Apps to, end users on your annual for your Paid TV Apps;
d. Affair invoices for the auction bulk paid by end users and aggregate the acquirement bulk from end users for your Paid TV Apps, appliance a acquittal arrangement Beast integrates into its Store, area Beast may arise as the merchant of almanac on orders purchased by end users appliance a acclaim or debit card; and
e. Be amenable for the accumulating of all auction prices payable by end users for your Paid TV Apps awash through the Store.
2.3 You accede and accede that you are the arch and that Beast is acting alone as your abettor to affect the auction of your Paid TV Apps on the Store. As such, you are alone amenable for any and all claims and liabilities involving or apropos to your Paid TV App, including with annual to any functions such as hosting and auction of your Paid TV App that Beast performs.
2.4 For purposes of this Paid Addendum, Yahoo’s arrangement as your abettor will survive cessation or abortion of this Acceding for a reasonable phase-out aeon not to beat 30 days.
3. Selling Your Paid TV App
3.1 You alone actuate the sales bulk coffer of your Paid TV App and casework independent therein aback you accept your Paid TV App. For the accustomed bulk coffer table, go to https://smarttv.yahoo.com/. However, the appraisement reflected in anniversary sales bulk coffer are accountable to change at any time by Yahoo, and Beast will use acceptable acceptance efforts to acquaint you of such changes.
3.2 I f the acquirement of your Paid TV App is accountable to any denial or agnate tax, or any sales, use, appurtenances and services, bulk added, or added tax, levy, or added fee, you are amenable for advantageous the abounding bulk of that tax, levy, or added fee, and the Abettor Fee to which Beast is advantaged beneath this Paid Addendum will not be bargain by and such tax, levy, or added fee. You will atone and ascendancy Beast controllable adjoin any and all claims: (i) by any tax ascendancy for any underpayment of any sales, use, appurtenances and services, bulk added; or (ii) for added tax, levy, or fee, and any penalties and/or absorption thereon.
3.3 As your agent, Beast will be alone amenable for the accumulating of all prices payable by end users for your Paid TV Apps.
4. Your Remittance
4.1 Aloft accumulating of any amounts from any end user for the auction bulk of your Paid TV App purchased from the Store, Beast may abstract any applicative taxes, levy, or added fee from such auction price, consistent in the “Net Revenue” amount. Beast will abstract 30% of such Net Revenue as its abettor fee (“Agent Fee”) and will address to you the actual 70% of such Net Revenue, in accordance with Yahoo’s accepted business practices and the following:
a. Remittance payments are fabricated by Yahoo’s again accustomed acquittal methods, which may change from time to time;
b. You are accountable to minimum annual remittance bulk thresholds of USD $100.00, accountable to change at any time by Yahoo;
c. You charge accommodate assertive advice accompanying to your remittance and that advice charge be authentic at all times;
d. Accountable to the aloft requirements, your remittance will be fabricated no afterwards than 45 canicule afterward the aing of the agenda ages in which the agnate bulk was accustomed by Beast from the end user. You accede that alike if Beast is clumsy to aggregate the bulk for that Paid TV App from that end user, Beast will be advantaged to the Abettor Fee for its casework rendered hereunder; and
e. In the accident that the auction bulk accustomed by Beast from any end user for any Paid TV App is in a bill added than the remittance bill agreed amid Beast and you, the auction bulk for that Paid TV App will be adapted to the remittance bill afore any applicative amounts are remitted by Beast to you. You accede that any consistent bill barter differentials or fees answerable may be deducted from such remittances. You abide amenable for any fees (e.g., wire alteration fees) answerable by your coffer or any agent banks.
4.2 If any remittance fabricated by Beast to you is accountable to any denial or agnate tax, the abounding bulk of that denial or agnate tax will be alone for your account, and will not abate the Abettor Fee to which Beast is advantaged on that transaction. If Beast analytic believes that such tax is due, Beast may abstract the abounding bulk of such denial or agnate tax from the gross bulk owed to you, and may pay the abounding bulk withheld over to the competent tax authorities. Beast will administer a bargain bulk of denial tax, if any, provided for in any applicative assets tax accord alone if you accouter Beast with such affidavit appropriate beneath that assets tax accord or contrarily satisfactory to Yahoo, acceptable to accredit your alms to the annual of that bargain bulk of denial tax. Aloft your appropriate appeal to Beast in writing, appliance agency analytic appointed by Yahoo, Beast will use commercially applied efforts to address to you the bulk of Yahoo’s acquittal of denial or agnate taxes to the competent tax authorities on your behalf. You will atone and ascendancy Beast controllable adjoin any and all claims by any competent tax ascendancy for any underpayment of any such denial or agnate taxes, and any penalties and/or absorption thereon, including, but not apprenticed to, underpayments attributable to any erroneous affirmation or representation by you as to your alms to, or your awkwardness for, the annual of a bargain bulk of denial tax.
4.3 You accede that no ability or added advantage is payable for the rights declared aloft in this Paid Addendum.
5. Representations and Warranties
In accession to the added representations and warranties in this Agreement, you added represent and accreditation that:
5.1 You acquire the adapted to admission into this Agreement, to carbon and administer anniversary of the Paid TV Apps, and to accredit Beast at no bulk to host your Agreeable and admittance end users to download, acquirement and use anniversary of the Paid TV Apps through one or added Store, in anniversary country of the Territory; and
5.2 Anniversary of the Paid TV Apps is accustomed for distribution, auction and use in, consign to, and acceptation into the Territory, in accordance with the laws and regulations of the Area and any bookish acreage or rights associated with the Paid TV App and Content.
6. Responsibility and Accountability
6.1 You accede to accede with, and accommodate the abutment appropriate pursuant to, Area 2.9 of Agreement, for at atomic one year afterwards any end user acquirement of your Paid TV App.
6.2 You may aish your Paid TV App from the Beast Connected TV Abundance at any time, but agree: (a) to accede with Paragraph 6.1 of this Agreement; (b) that you abide accountable to any acquittance requirements; and (c) that you will abide to accomplish any added obligations you acquire with any end user.
6.3 If your Paid TV App fails to accommodate to your blueprint or your artefact assurance or the requirements of any applicative law, or an end user expresses added reasonable apropos apropos the Paid TV App, including by charging aback the bulk of the Paid TV App to Yahoo, you accredit Beast to acquittance to the end user up to the abounding bulk of the bulk paid by the end user for that Paid TV App. If Beast refunds any such bulk to an end user, you will reimburse, admission Beast a acclaim for, or acquiesce Beast to account adjoin your approaching sales of Paid TV Apps, an agnate bulk up to the bulk for that Paid TV App, additional any associated fees (i.e. acclaim and debit agenda chargebacks, penalties and acquittal transaction fees). Beast will acquire the adapted to absorb its Abettor Fee on the auction of that Paid TV App, admitting the acquittance of the bulk to the end user or any end user chargebacks.
6.4 If you no best acquire the acknowledged adapted to distribute, sell, or accomplish your Paid TV App, or to accredit Beast to acquiesce admission to those Paid TV Apps by end user, you will promptly abjure those Paid TV Apps from the Store; provided, however, that such abandonment by you will not abate you of any of your obligations to Beast beneath this Paid Addendum, or any accountability to Beast or any end user with annual to those Paid TV Apps. In addition, you charge acquittance to Beast all amounts received, additional any associated fees (i.e. chargebacks and acquittal transaction fees), and Beast may account such amounts adjoin your approaching sales of Paid TV Apps.
6.5 Beast affluence the adapted to cease business and acceptance download by end users of the Paid TV Apps at any time, with or afterwards cause, by accouterment apprehension of abortion to you.
7. Aftereffect of Termination
Upon the cessation or abortion of the Agreement, Beast will be advantaged to: (a) all Abettor Fees on all Paid TV Apps purchased by end users above-mentioned to the date of termination, and (b) agreement from you of refunds of Paid TV Apps by Beast to end users, whether afore or afterwards the date of termination.
8. Abundance Termination
You accede and accede that Beast may aish the Abundance at any time and you accede that your accord in the Abundance is at your own risk. Beast makes no representations or warranties that the Abundance will be fabricated about attainable in the future.
Adaptation anachronous 2018-01-02
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