Terms Of Use

General

Overture Services Australia Pty Ltd (ACN 105 514 958), a wholly owned subsidiary of Overture Services, Inc. and, its subsidiaries and affiliates, trading as "Yahoo! Search Marketing" (collectively "Yahoo! Search Marketing") provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms. If you do not agree to these terms, you may not use the Services.

Services

The Services include Yahoo! Search Marketing Sponsored Search (located at www.searchmarketing.yahoo.com.au) (the "Search Services"). The Services may also be located on third party web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Our Search Services enable you to search the World Wide Web for anything that interests you, whether, for example, it is fly fishing, medical research or digital cameras. We may provide you with search listings of advertisers of Yahoo! Search Marketing (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 buyers and sellers of goods and services and providers of information. 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, the Services are composed of content not offered by Yahoo! Search Marketing. Yahoo! Search Marketing does not control nor take any responsibility for (i) the quality, safety or legality of items available through or on its advertisers' Web sites or sites of third parties that may be accessed via the Services, (ii) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services), or (iii) the availability or technical capabilities of their Web sites or links to those Web sites. Yahoo! Search Marketing is not liable or responsible for content supplied or approved 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 other third party 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 other third party.

For all of the Services, Yahoo! Search Marketing is not involved in any transactions between you and any of its advertisers or between you and any other third party whose Web sites may be accessed via the Services, and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by advertisers or other third parties. If you have a dispute with one or more advertisers or third parties whose Web sites may be accessed via the Services, you agree to release and hereby release 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.p>

Only Personal Use is Authorized

Under this Agreement, Yahoo! Search Marketing gives you limited permission to access and use the Services only 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.

Your right to access the Services is subject to any limits established by Yahoo! Search Marketing. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services or the results of the Services except those automated means expressly made available by Yahoo! Search Marketing, if any, or authorized in advance and in writing by Yahoo! Search Marketing (for example, Yahoo! Search Marketing approved third party tools and services). The Yahoo! Search Marketing Web Site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by Yahoo! Search Marketing).

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 copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of Australia and other countries and may be subject to penalties or civil 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 this Agreement.

Consumer rights

Nothing in this Agreement is intended to modify or exclude Yahoo! Search Marketing's liability to consumers in Australia for breach of non-excludable conditions or warranties implied into this Agreement by reason of the Trade Practices Act 1974 (Cth) and similar state and territory laws in Australia. However, if Yahoo! Search Marketing breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this Agreement then, to the maximum extent permitted by law, Yahoo! Search Marketing's liability is limited, at Yahoo! Search Marketing's option, to (a) resupply of the Services, or (b) payment of the cost of having the Services supplied again.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. EXCEPT AS DESCRIBED IN THE "CONSUMER RIGHTS" SECTION ABOVE, YAHOO! SEARCH MARKETING DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Yahoo! Search Marketing's Potential Liability for the Services is Limited

NEITHER YAHOO! SEARCH MARKETING NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS 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. THESE LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE SUBJECT TO THE "CONSUMER RIGHTS" SECTION ABOVE.

Defamation, Copyright and Trademark Claims

Although 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), Yahoo! Search Marketing wishes to respect the legitimate rights of third parties who consider that their intellectual property rights, rights of privacy or to have information kept confidential, have been infringed or that they have been defamed by material contained in or part of the Services. If you believe that your rights have been infringed, please contact:

Business and Legal Affairs
Yahoo! Search Marketing
Pier 8/9, 23 Hickson Road
Millers Point NSW 2000
AUSTRALIA

Fax: +61 (0)2 8288 4777
E-Mail: au-legalpoc@au.yahoo-inc.com

In notifying Yahoo! Search Marketing of alleged infringements, please include the following information:

A description of the intellectual property or other material that is the subject of claimed infringement
A description of the infringing material and information sufficient to permit Yahoo! Search Marketing to locate the alleged material Contact information for you, including your address, telephone number and/or e-mail address
A statement by you that you have a good faith belief that the material in the manner complained of infringes your legal rights, including particulars of that belief sufficient to allow Yahoo! Search Marketing to assess its merits

Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Yahoo! Search Marketing does not arbitrate or resolve trademark or related disputes among Yahoo! Search Marketing's advertisers or between those advertisers and third parties. However, Yahoo! Search Marketing will promptly comply with an order of a court of competent jurisdiction concerning any claim of the kind described above. Yahoo! Search Marketing occasionally receives requests to remove listings from within the Services. Yahoo! Search Marketing reserves the right to address such requests on a case-by-case basis.

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 site that you believe contains child pornography or other illegal material, please contact au-legalpoc@au.yahoo-inc.com and we will contact the authorities and/or take other action we believe is 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). Yahoo! Search Marketing's information practices are further described in its privacy policy. Yahoo! Search Marketing's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. 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. If you would like more information, please read our privacy policy.

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 this Agreement, the rights of Yahoo! Search Marketing or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims

This Agreement shall be governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction. Yahoo! Search Marketing's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. You agree that to the maximum extent permitted by law, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice

You may direct any questions concerning this Agreement to:

Overture Services Australia Pty
Business Affairs
Yahoo! Search Marketing
Pier 8/9, 23 Hickson Road
Millers Point NSW 2000
AUSTRALIA

Amendment

Yahoo! Search Marketing may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and Yahoo! Search Marketing.