Japan in connection with the Advertisement in question in the six months period leading up to the time the claim for compensation by the Applicant was lodged.
The Applicant acknowledges that advertising charges actually incurred may exceed the maximum charge set using the budget management function in the Tool, that the Applicant is still obliged to pay these charges, and that the Applicant's obligation to pay the advertising charges is in no way the responsibility of Yahoo! The Applicant acknowledges that because the number of searches or views by Applicants tends to be affected by seasonality and media information, and the frequency with which the Advertisements is displayed is not necessarily constant, there is always a chance that actual advertising charges will differ from estimates, and the lower the budget amount is set and the higher the Advertisement Unit Price is set, the more likely it is that momentary increases in the display of the Advertisement will exceed the set amount.
Provided, however, that, as for Display Ads Guaranteed and Branding Search Ads, the amount that is to be borne by the Applicant shall be the amount determined in the Advertising Agreement relating to the relevant Displays, and in the case where Yahoo! Japan presents an estimate in advance, even if the actual number of Advertisement views, etc. Japan will not charge the Applicant the amount for the relevant excessive number of Advertisement views.
The Applicant acknowledges that in order to determine the priority with which Advertisements are displayed, as for the advertising product for which Yahoo! Japan uses an independently-developed algorithm based on such factors as the quality of the Advertisement, which is based in turn on the click rate and other suitability factors, and the maximum Advertisement Unit Price input by the Applicant, the priority with which the Advertisement is displayed is not determined based solely on the maximum bid Advertisement Unit Price; the Applicant will not bring any objections against Yahoo!
Japan or hold Yahoo! Japan responsible in relation to the priority in which the Advertisement is displayed or similar issues. Japan does not whatsoever disclose the method it uses to determine the priority of the Advertisements, and is not obliged to reply to questions from the Applicant in respect thereof. The Applicant acknowledges that the setting of advertising terms performed using the Tool including the setting of the times when the display of the advertising will begin and end and the modification and addition of advertising terms performed using the Tool will not be immediately reflected in Yahoo!
Japan displays the Advertisement of the Applicant advertising account by opening or updating the Applicant advertising account due to the request of the Applicant without using the interfaces for displaying and managing advertising, the Advertising Agreement of the Applicant advertising account will be formed in respect of such Advertisement of the Applicant advertising account at the time of such display.
Japan any advertising charges that have already been incurred when the displayed Advertisement of the Applicant advertising account has been clicked. The system used by Yahoo! Japan includes a function to automatically detect Clicks that fit the profile independently created by Yahoo! When calculation advertising charges, Yahoo! Japan will not charge the Applicant for Clicks on the Advertisement determined by the system to be Non-Chargeable Clicks.
The Applicant acknowledges that while the making of a high volume of Clicks over a short space of time from the same IP address is one behavior that fits the profile set independently by Yahoo!
Japan for Non-Chargeable Clicks, the details of this profile are a corporate secret of Yahoo! Japan and will by no means be disclosed to the Applicant. Notwithstanding the provisions of Paragraph 1, Yahoo!
Japan may perform an independent investigation of specific Clicks on the basis of its own judgment or a declaration by the Applicant. If this results in a judgment by Yahoo! Japan has received advertising charges from the Applicant for those Clicks, Yahoo! Japan may refund the Applicant at Yahoo! If the Applicant has not made any the declaration concerning Clicks as described in the preceding paragraph within 60 days of the relevant Clicks being made, the advertising charges invoiced by Yahoo!
Japan will become final. The Applicant accepts that, despite the current state of the art and the fact that investigations are performed using Yahoo! Japan's technology and accumulated knowledge, it is impossible to determine the soundness of all Clicks, agrees not to object to the outcomes and methods of Yahoo! When an Applicant applies by the method separately provided by Yahoo!
Japan as the following events have occurred due to reasons attributable to Yahoo! Japan as to the Display Ads Guaranteed , Yahoo! Japan may, at its judgment, transmit the Display Ads Guaranteed under terms and conditions that are equivalent to those determined in the Advertising Agreement relating to the Advertisement for which the relevant events have occurred provided that, as for the display period, only the number of days is the same, and the display period will be specified at the discretion of Yahoo!
Japan free of charge. Japan due to any of the events provided in Item 1 having occurred due to reasons attributable to Yahoo! Japan as to the Branding Search Ads, Yahoo! Japan may, at its judgment, carry out any of the handling provided in Item 2. However, use shall be limited to the extent necessary for performance of the Advertising Agreement with the Applicant.
Applicant shall carry out the procedures necessary for provision of the Applicant Provided Data to Yahoo in accordance with the preceding paragraph at its responsibility.
Yahoo provides the Applicant with the Yahoo Collected Data in collated form via the Tool at its discretion within the scope of the Privacy Policy separately provided by Yahoo or consent that Yahoo has acquired separately. The Applicant shall treat the collated Yahoo Collected Data provided pursuant to the preceding paragraph as confidential information of Yahoo in accordance with Article The Applicant shall follow the Data Usage Guidelines separately provided by Yahoo to perform configuration operations, provide explanations to users, report to Yahoo and do the other handling needed in relation to the handling of the Applicant Provided Data and collated Yahoo Collected Data, in addition to the provisions of these Master Terms and Conditions.
The Applicant consents that Yahoo! Japan may, from time to time, conduct temporal advertising transmission live-tests to test new display methods, functions and such, in order to enhance the advertising effects of the Advertisement and that Yahoo! Japan will not exempt Applicant the charge pursuant to Article 6 for such Advertisements displayed through such live-tests.
Japan reserves the right to confirm the identity of the Applicant at any time in order to ensure whether the content of the information provided by the Applicant is correct, etc.
The Applicant is obliged to provide Yahoo! Japan with any necessary information for the purpose of such confirmation in writing, etc. If any of the following occurs, Yahoo! Japan is able to stop performing its obligations on all or part of any Advertising Agreement formed between the Applicant and Yahoo! Japan, or terminate the Agreement, with no need to warn the Applicant or take other measures, and Yahoo! Japan is able to claim compensation from the Applicant. If any of the above applies to the Applicant, all liabilities held by the Applicant in respect of Yahoo!
Japan not limited to liabilities under these Master Terms and Conditions will immediately become due and payable, and Applicant shall immediately pay in cash to Yahoo! The Applicant can terminate the Advertising Agreement in question at any time by paying the advertising charges under that Advertising Agreement in full. Provided, however, that, except for in the case where separately specified by Yahoo! Notwithstanding the provisions under Paragraph 7 of Article 1 or Paragraph 9 of Article 6, if the Applicant falls under any of the items in Paragraph 1 of this Article, Yahoo!
Japan may appropriate the Deposit as a penalty; provided, however, that Yahoo! Japan may also claim damages from the Applicant separately from the penalty. If the Applicant is late in making the payment of liabilities as set down in the Advertising Agreement, including Article 6, Yahoo! Japan is able to suspend its display of advertising under the Advertising Agreement and all other advertising agreements that are in force at the time, until the Applicant makes payment.
In this event, the Applicant cannot claim compensation for damages from Yahoo! Japan for the non-display of advertising. If the Applicant does not make payment of liabilities as laid down in the Advertising Agreement, including Article 6, it must pay Yahoo! Japan penalty interest at the rate of The Applicant must not provide, disclose, or divulge to third parties, or use for any other purpose than the performance of the Advertising Agreement any confidential information belonging to Yahoo!
Japan learned in relation to the display of the Advertisement or to the Advertising Agreement i. Japan to the Applicant , either during the term of validity of the Advertising Agreement or after its expiry. However, the Applicant is able to disclose data relating to the performance of the Advertisement to the advertiser for the sole purpose of reporting the performance and effectiveness of the advertisement. At such time as the Applicant judges that is necessary to contact Yahoo!
Japan, the Applicant should do so by sending an email or letter to the relevant point of contact, or by using another means if specified by Yahoo! Japan can refuse to respond to communications sent by any other means.
Any notice and communication, etc. Japan to the Applicant may be given by way of sending a message to the email address provided by the Applicant or by way of displaying a message on the Tool, or by any other methods. If a Notice from Yahoo! Japan to the Applicant is to be given by sending a message to the email address provided by the Applicant, the Notice will be deemed to have arrived to the Applicant when Yahoo!
Japan sends the message to such email address. Japan incurs damages as a result of a breach of Laws, Regulations or Rules, the Applicant will compensate for the same. The Applicant will also cooperate in any police investigation in the event that the police make a request to Yahoo! Japan accordingly.
Applicant represents and warrants that it will not conduct any action falling under any of the Items listed below toward Yahoo! Japan or any third party, by itself or by using third parties. The formation, validity, execution, and interpretation of this Advertising Agreement is governed by the laws of Japan. The Tokyo District Court and the Tokyo Summary Court have exclusive jurisdiction as the courts of first instance in any disputes arising with respect to the Advertising Agreement.
Yahoo is capable of changing the provisions of these Master Terms and Conditions at any time Yahoo deems it necessary. Every time a change is made, the Applicant shall read and agree to the Master Terms and Conditions that are valid at the time of application for display of Advertisement. If the Applicant continues to display the Advertisement after a change has been made to the Master Terms and Conditions, the updated Master Terms and Conditions will also apply to existing Advertising Agreements.
When the Applicant distributes the Advertisement on the services provided by Yahoo! Japan or affiliated partners of Yahoo! Japan by the method separately designated by Yahoo! Provided, however, that, in such instance, the Applicant is required to pay an amount equivalent to the entire amount of the advertising charges under the Advertising Agreement as a cancellation charge in accordance with the provisions of the subsequent paragraph.
Nonetheless, if any of the subsequent items is applicable to termination by the Applicant of the Advertising Agreement as for the reasons specified in item 2, 4 and 5, only if the applicant has declared that any of the reasons applies and Yahoo! Japan approves the declaration. Japan will specify the method of filing separately the Applicant is not required to pay a cancellation charge:. Japan will exempt payment of the cancellation charge in an amount corresponding to the number of days when the advertisement is displayed under the new Advertising Agreement for the Display Ads Guaranteed out of the advertising charges for the Agreement subject to Termination.
JAPAN at any time in the future. If the benefits are changed or the Point Guidelines are amended or repealed, we make no guarantee regarding the use of the T Points limited to Yahoo!
JAPAN that had been granted. Prohibition of reuse of our services, etc. Indemnity If we incur costs or pay compensation, etc. Advertising placement We may place the advertising of our company, and of third parties who have requested us to place it, on the services and software we provide.
Deletion of a Posting, etc. When you violate any of the matters stipulated in these Terms of Use, or when we determine that there is a risk of such a violation; When there is a delay in payment of the Charges payable to us; When the use of a credit card or bank account designated as the method for settlement of Charges for Yahoo!
JAPAN Wallet is suspended; When we determine that a concern has arisen regarding your credit uncertainty, such as when you are subject to a petition for bankruptcy or civil rehabilitation proceedings, or have yourself filed such a petition; When an ID is registered or used by an anti-social force or its members or persons so involved, or when we determine that there is such a risk; When you have not used your ID or specific services for a certain period of time; In any other case where we determine that it is difficult to maintain the contractual relationship between you and us, such as when the relationship of trust with you is lost.
Disclaimer We shall be exempt from liability for a default pertaining to debt, unless it is due to our willful intent or gross negligence.
Individual service guidelines, etc. Notification or contact If you wish to contact us, please do so by using the inquiry page provided by us or by e-mail to the e-mail address specified by us. No assignment of rights or obligations You may not assign all or part of the contractual status of an agreement falling under these Terms of Use, or the rights and obligations arising there from, to a third party without our prior written consent.
Governing law and jurisdiction The establishment, coming into force, and interpretation of these Terms of Use shall be governed by the laws of Japan. Restriction on application of the Terms of Use If a provision in these Terms of Use is considered to be contrary to relevant laws and regulations which are applicable to an agreement with a customer that is based on these Terms of Use, the said provision shall not be applicable to the agreement with the said customer to that extent.
In the case that Customers input Personal Data by operating a terminal; In the case that Customers provide Personal Data directly or through media such as documents, etc. Please check here for the specific use examples of Personal Data. To provide the Company's Services suited to Customers; To respond to inquiries made by Customers; To deliver products, request payment of fees, grant points, etc.
Notwithstanding the above, in the case that the Company is provided Personal Data from a third party, if there are separate provisions regarding the purposes of use of such Personal Data, the Company shall use such Personal Data in accordance with such provisions. Consent to the Provision of Personal Data In addition to cases where permitted by laws and regulations, if the Customers' consent is obtained, the Company shall provide Personal Data to third parties including third parties in foreign countries ; the same hereinafter such as Partners, etc.
Where necessary for the provision of the Company's Services; Where necessary for the enhancement of the quality of the Company's Services; Where necessary to consider new Services of the Company; In the case of providing Personal Data to research institutions for the purposes of investigation, research or analysis. In addition to the case in the preceding paragraph, the Company shall provide, in the following cases, Personal Data to the Company's Group Companies to a necessary extent upon excluding information capable of directly identifying specific individuals such as name and address.
In providing such data, the Company shall prohibit the Group Companies from reoffering the Personal Data to a third party excluding cases in which it is for responding to disclosure request enforced under laws and regulations. Where necessary for the provision of the Group Companies' Services; Where necessary for the enhancement of the quality of the Group Companies' Services; Where necessary to consider new Services of the Group Companies; If a customer has entered into an agreement under separate conditions for individual Services, the contract conditions thereof shall apply with precedence.
Security The Company shall appropriately handle Personal Data in accordance with various laws and regulations on protection of personal information and the Privacy Policy. In order to appropriately handle Personal Data, the Company shall organize internal rules and organizations, and ensure the security of an information system processing Personal Data.
The Company has obtained an information security management system certification in order to guarantee that these security management measures are appropriately taken. In the event that the Company entrusts the handling of Personal Data to a third party, the Company shall entrust the handling of Personal Data to a person satisfying the criteria for the selection of an entrustee determined by the Company, and shall appropriately manage the affairs of the entrustee upon executing an agreement with the entrustee.
The Company shall only provide Personal Data to a third party which has taken security management measures satisfying the criteria determined by the Company. We are now operating under these unified Yahoo Terms of Service. For all Yahoo products or services that are accessed without signing into an account, the Terms below apply to those products and services effective May 25, If you are creating a new account, the Terms below apply starting today.
Welcome to Yahoo Yahoo Inc. Please carefully read Sections 1 through 13, Please read the Terms carefully, as they form your entire agreement with us. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and "you" means that entity.
If you are accessing an account s on behalf of the account owner e. If you are under the Minimum Age as defined for your region in Section 14 you may not register for an account. Unless you are the holder of an existing account in the United States that is a Yahoo Family Account , you must be at least the Minimum Age to use the Services.
Please do not access that content unless you are an adult i. Member conduct. You agree not to use the Services in any manner that violates these Terms or our Community Guidelines , including to:.
Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide.
You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose. Export Control. You agree to comply with the export control laws and regulations of the United States and trade controls of other applicable countries, including without limitation the Export Administration Regulations of the U.
S Department of Commerce, Bureau of Industry and Security and the embargo and trade sanctions programs administered by the U. You represent and warrant that you: 1 are not a prohibited party identified on any government export exclusion lists see e. Anti-Corruption Laws. You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless we have given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services including content, advertisements, APIs, and software.
Software License. Subject to your continuing compliance with these Terms, we grant you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the software and APIs we may provide to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services we provide, in the manner permitted by these Terms and any additional terms or guidelines. You may not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit those restrictions or you have our explicit written permission.
Our software may automatically download and install security or other updates without prior notification to you. Unless otherwise expressly stated, we do not promise to provide you with any support for the Services. If we provide you with support, it is at our sole discretion and does not mean that we will continue to provide you with support in the future.
We reserve the right to charge fees for use of or access to the Services and any associated support , whether currently in existence or not, in our sole discretion. If we decide to charge fees, our payment terms will apply and we will provide you with prior notice. Different Versions of the Services. Different features may be available in different versions of the Services and not all features may be available in your country or region.
Also, not all features may be available if the user that you are communicating with is using a different version of the Services, or is using third party software. Anti-Abuse Policy. We prohibit sending unsolicited emails or messages using our Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without our prior written consent.
You may not engage in conduct or activity that is disruptive to the Services or the experience of other users. Envrmnt Terms.
Users: The Envrmnt terms apply to you and can be found here and here in Spanish. RSS Feeds. Each of our products or services may also have more specific terms of use for related Yahoo RSS Feeds.
Account Information. You may need an account to use some Services. You must ensure that your account information that is, the information you provided when you registered for or subscribed to a Service remains current, complete, accurate and truthful. Access to Your Account. You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential.
Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to Yahoo, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
Yahoo may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
By using the Services, you agree to our privacy policies and that we can use your information in accordance with our privacy policies. By using and benefitting from Yahoo's Services you recognize that personalization lies at the core of many of our services. We can only provide many of these Services by using your personal data to provide personalized content and ads. Please visit our Privacy Center to learn more about personalization.
Procedure for Copyright or Other Intellectual Property Infringement Claims We respect the intellectual property of others, and we expect our users to do the same. If you believe that your copyright or intellectual property rights have been infringed, please follow the instructions provided here.
Our Services display some content that we did not create and do not own. This content is the sole responsibility of the entity or person that makes it available. We assume no responsibility for the conduct of third parties, including persons or entities with which you communicate using the Services.
Many of the Services enable you to submit content. You — not Yahoo — are entirely responsible for any content that you upload, post, email, transmit, or otherwise make available via the Services.
We may remove and refuse to display content that violates the Terms or applicable laws or regulations, but that does not mean that we monitor the Services or review or screen any content.
By using or accessing the Services you understand and agree that you may be exposed to offensive, indecent, or objectionable content. IP Ownership and License Grant. Except as otherwise provided in the specific product terms or guidelines for one of our Services, when you upload, share with or submit content to the Services you retain ownership of any intellectual property rights that you hold in that content and you grant to us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to a use, host, store, reproduce, modify, prepare derivative works such as translations, adaptations, summaries or other changes , communicate, publish, publicly perform, publicly display, and distribute this content in any manner, mode of delivery or media now known or developed in the future; and b permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services e.
In some of the Services, there may be specific terms or settings allowing a different scope of use of the content submitted in those Services. You must have the necessary rights to grant us the license described in this Section 6 b for any content that you upload, share with or submit to the Services.
We are constantly innovating, changing and improving the Services. Unless stated differently for your country in Section 14, we may, without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service. You can stop using the Services at any time. You may cancel and delete your AOL account at any time by clicking here and you may cancel and delete your Yahoo account by clicking here. For more information, please visit the relevant Help Center.
Unless stated differently for your country in Section 14, we may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.
Subject to any statutory rights you might have, if your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others.
If the Service is a paid service, please consult our payment terms which can be found by clicking here. Fee-Based Services and Billing. Unless otherwise specified in the additional terms that apply to the Services you are using, the terms in this Section 11 apply to you.
These fee-based Services are governed by the additional terms you agree to when you register for the fee-based Service and these Terms. If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information and you have the continuing obligation to keep it up to date. Third-Party products. You represent that you are at least the minimum age required to enter into a legal agreement.
You agree to pay us for any fee-based Services you purchase from us, as well as all other charges incurred under your account, including applicable taxes and fees. You are responsible for all charges incurred under your account, including purchases made by you or anyone you allow to use your account or any sub-or linked accounts including any person with implied, actual, or apparent authority or anyone who gains access to your account as a result of your failure to safeguard your authentication credentials.
Payment Methods. You authorize and direct us to charge your designated payment method for these charges or, if it fails, to charge any other payment method you have on file with us, even if we received it in association with other fee-based services.
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