Terms of Use

General
These Terms of Use apply to your use of the Yahoo! Search Marketing web site located at http://searchmarketing.yahoo.co.uk and all associated pages (the “Site”). The Site is the property of Overture Services Limited, a company incorporated in England and Wales (company number 03971525) with its registered office at 5th Floor, 125 Shaftesbury Avenue, London WC2H 8AD and trading under the name Yahoo! Search Marketing (“Yahoo! Search Marketing”) and its licensors. The Site (or services provided at the Site) may be provided by Yahoo! Search Marketing affiliates or third parties from time to time on behalf of Yahoo! Search Marketing. By using the Site you agree to these Terms of Use. If you do not agree you must not use the Site.

Services
The services available to you at the Site and any third party web sites and/or applications we make available to you (“Services”) include the Yahoo! Search Marketing Search located at www.UK.overture.com. Our Services enable you to search the World Wide Web for anything that interests you, whether it is fly-fishing, medical research or digital cameras. We provide you with search listings of Yahoo! Search Marketing advertisers (as well as search listings provided to Yahoo! Search Marketing by a third party to supplement the advertiser listings) that help you find what you are looking for.

A little more detail:
The Services act as a system or venue to introduce you to providers of information, other web sites that are owned and operated by third party merchants, advertisers and other third parties, and buyers and sellers of goods and services. Yahoo! Search Marketing uses reasonable efforts to ensure the availability of the information and content, including links, that it makes available through the Services. However, Yahoo! Search Marketing does not control, nor take any responsibility for (i) the quality, safety or legality of items available through or on its merchants' and advertisers' web sites or sites of third parties that may be accessed via the Services, (ii) the content located on or through any web site of those merchants, advertisers or third parties, including (but not limited to) the truth, accuracy, legality, lawfulness or compliance with regulation of such content (even if such content appears on the Services), or (iii) the availability or technical capabilities of the web sites or links to web sites of merchants, advertisers or those third parties, or (iv) any transactions between you and such web sites (including as to personal data, confidential information, data flows, "cookies", or purchases of goods or services. Yahoo! Search Marketing is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser (or merchant) will sell any product or service for any purpose or price or on any specific terms. Yahoo! Search Marketing does not guarantee the price, terms, product, availability and/or services offered by any advertiser or merchant.

For the Services, Yahoo! Search Marketing is not involved in any transactions between you and any of its advertisers or merchants, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers or merchants. If you have a dispute with one or more advertisers or merchants, you agree to release and hereby release to the fullest extent allowable by law, Yahoo! Search Marketing (and Yahoo! Search Marketing's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Only Personal Use is Authorised
Under these Terms of Use, Yahoo! Search Marketing gives you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own web site any portion of the Services or display through your own web site any results pages or other information from the Services without Yahoo! Search Marketing's express permission.

The technology underlying, and content within, the Services is owned by Yahoo! Search Marketing and/or its licensors (including Yahoo! Search Marketing's advertisers and other content providers) and is protected by intellectual property or proprietary rights which may include rights of copyright and trade marks. If you use the Services other than as provided above, you may violate copyright and other laws of England and Wales and other countries, and may be subject to liability. As between you and Yahoo! Search Marketing, Yahoo! Search Marketing owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in these Terms of Use.

Disclaimer of Warranties
Without prejudice to statutory rights, the services, the information and materials contained in the Site (including, without limitation, text, graphics and links) are provided "as is," without warranty of any kind. In particular, Yahoo! Search Marketing does not represent or warrant that the information accessible via the Site is accurate, complete or current, or that use of the Site is free of risk of viruses or other damage. Yahoo! Search Marketing disclaims any warranties to the fullest extent allowable by law, whether express or implied, including any warranties of title, non-infringement, satisfactory quality or fitness for a particular purpose.

Yahoo! Search Marketing's Potential Liability for the Services is Limited
Nothing in these Terms of Use is intended to, or does, limit the liability of Yahoo! Search Marketing or its successors, assigns or affiliates for death or personal injury caused by the negligence of that party, its officers, employees, or agents. Subject to this, neither Yahoo! Search Marketing nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors or assigns, will be liable to you for any indirect, incidental, special or consequential damages arising out of use of the services, or inability to gain access to or use the services. Yahoo! Search Marketing will not be liable for any material of web sites it links to as part of the services or for information contained in or part of the services including but not limited to search results. The respective liability of Yahoo! Search Marketing, its officers, employees, agents, successors, assigns, and affiliates is limited to the greatest extent permitted by law.

Objectionable Material and Family Filtering
Yahoo! Search Marketing encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, Yahoo! Search Marketing encourages you to use the adult filtering service that may be provided by Yahoo! Search Marketing. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services.

If you come across any web site that you believe contains child pornography or other illegal or unlawful material, please contact us at termsofuse@overture.com and we will take such action as we believe is appropriate, which may include blocking access to such material and/or contacting the authorities as appropriate.

Privacy and Data Collection
Yahoo! Search Marketing does not collect personally identifying information from users of the Services unless users have explicitly given such information to Yahoo! Search Marketing (for example, when becoming an advertiser or when sending us an e-mail with a question or as part of a contest). In addition, third party advertisers and merchants, and other third parties who control and operate web sites that we may provide you with links to, will have different information collection and privacy practices to Yahoo! Search Marketing, which we are not responsible for. Please see our Privacy Policy, which forms part of these terms and conditions, for further details. Yahoo! Search Marketing's information practices are further described in its Privacy Policy. If you have entered into another agreement with Yahoo! Search Marketing (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. You should consider any communication that you transmit to Yahoo! Search Marketing (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Yahoo! Search Marketing will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over Features, Functions, and Access to the Services
Yahoo! Search Marketing reserves the right to change any information, features and functions of the Services without prior notice. Yahoo! Search Marketing may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Yahoo! Search Marketing determines, in its sole discretion, violate these Terms of Use, the rights of Yahoo! Search Marketing or any third party, or is otherwise illegal, unlawful, inappropriate or damages the reputation of Yahoo! Search Marketing or any third party.

Choice of Law, Waiver, and Severability
These Terms of Use shall be governed by the laws of England and Wales. Yahoo! Search Marketing's failure to exercise or enforce any right or provision of these Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect.

Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the London Court of Arbitration. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in London, England, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Yahoo! Search Marketing may seek any interim or preliminary relief from a court of competent jurisdiction in England, as necessary to protect the rights or property of you or Yahoo! Search Marketing.

Notice
You may direct any questions concerning these Terms of Use to:

General Counsel
Yahoo! Search Marketing
5th Floor
125 Shaftesbury Avenue
London, WC2H 8AD
United Kingdom
legalysm@yahoo-inc.com

Amendment
Yahoo! Search Marketing may amend these Terms of Use at any time by posting the amended terms on the Site. These Terms of Use may not otherwise be amended except in a written document signed by you and Yahoo! Search Marketing. All amended terms are automatically effective immediately after they are initially posted. These Terms of Use were last revised on 2/24/06.