>
They've made some improvements on the YouTube licence,
while thoroughly covering their asses.
For instance, you can withdraw your vid at any time, terminating
all rights to Yahoo and it's users.
Note the remix stipulations in paras 4 b) and 4 c)
joly
>
Yahoo! Video Service Additional Terms of Service ("Additional
Terms")
1. ACCEPTANCE OF YAHOO! TERMS
Welcome to the Yahoo! Video Service ("Yahoo! Video Service").
Your use of the Yahoo! Video Service is subject to these
Additional Terms and supplement the Yahoo! Terms of Service
("TOS") located at http://docs.yahoo.com/info/terms/ incorporated
by reference. Yahoo reserves the right to update and change, from
time to time, these Additional Terms and all documents
incorporated by reference. You can always find the most recent
version of these Additional Terms at
http://video.yahoo.com/html/tos.html and the most recent version
of the TOS at the URL indicated above.
2. DESCRIPTION OF SERVICE
The Yahoo! Video Service provides functionality that allows Yahoo!
users who have a valid Yahoo! ID ("You") to upload video content
("Video Content") to be hosted by Yahoo! and to be indexed and
crawled by Yahoo!'s Video Search technology for public display on
Yahoo!'s network of properties, including without limitation,
Yahoo! Video Search, and on Yahoo!'s syndicated third party sites,
and for the public posting, viewing and sharing of the Video
Content with others. You expressly acknowledge and agree that the
Yahoo Video Service is a public service, that once You submit Your
Video Content for inclusion into the Yahoo! Video Service, it will
be accessible by others, and that there is no confidentiality or
privacy with respect to Your Video Content. There is no cost to
you to submit Your Video Content.
3. PROHIBITED CONTENT AND CONDUCT
By submitting Your Video Content, You agree:
a. that You own or have the necessary licenses, rights, consents
and permissions to all patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") to the Video Content, and
any audio, music, or other works of art that You incorporate into
Your Video Content, and to authorize Yahoo! to use and include the
Video Content in the Yahoo! Video Service in the manner
contemplated in these Additional Terms.
b. that You have the written consent, release, and/or permission
of each and every identifiable individual person in Your Video
Content to use such person's name or likeness for use and
inclusion in the Yahoo! Video Service in the manner contemplated
in these Additional Terms.
c. not to include any Video Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
pornographic, offensive, indecent, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable.
4. SUBMISSION OF VIDEO CONTENT TO YAHOO!
You retain ownership to the Video Content You submit for inclusion
into the Yahoo! Video Service. However, by submitting Your Video
Content to Yahoo!, You hereby grant Yahoo! the following
worldwide, royalty-free, non-exclusive, sublicensable and
transferable rights and licenses:
a. to host, cache, store, archive, index, crawl, create
algorithms based thereon, modify or transcode the Video Content to
appropriate media formats, standards or mediums as part of the
Yahoo! Video Service;
b. to use, distribute, reproduce, modify, remix, excerpt, adapt,
prepare derivative works of, publicly perform and publicly display
the Video Content on the Yahoo! Video Service or on any Yahoo!
property, including in connection with any distribution or
syndication arrangement thereof with third parties or third party
sites, in any media format or medium and through any media
channels; and
c. to use Your Video Content for advertising, promotional or
commercial purposes, including without limitation, the right to
publicly display, perform, reproduce and distribute Your Video
Content in any media format or medium and through any media
channels.
By submitting Your Video Content for inclusion into the Yahoo!
Video Service, you also grant the following use of and rights to
Your Video Content to others: (i) the non-exclusive license to
access Your Video Content through the Yahoo! Video Service; (ii)
the ability for Yahoo! registered users ("Yahoo! Users") to rate,
review, comment on and tag Your Video Content; (iii) the ability
to embed Yahoo!'s video player with Your Video Content on their
web site; (iv) the ability for Yahoo! Users to send and distribute
Your Video Content via E-mail or Instant Messenger; (v) the
ability to access Your Video Content via Yahoo!'s web service APIs
or via RSS or any similar XML or related feeds; and (vi) the non-
exclusive license to use, reproduce, distribute, remix, prepare
derivative works of and compilations, display and perform Your
Video Content as permitted through the functionality of the Yahoo!
Video Service and under these Additional Terms and the TOS.
The foregoing licenses granted by You shall terminate once You
remove or delete Your Video Content from the Yahoo! Video Service.
5. ADVERTISING RIGHTS
Yahoo! reserves and has the right to sell, license and/or display
any advertising, promotional and distribution rights in connection
with Your Video Content and Yahoo! will be entitled to retain any
and all revenue generated from any sales or licenses of such
advertising, promotional or distribution rights. Nothing in these
Additional Terms obligates or may be deemed to obligate Yahoo! to
sell, license or offer to sell or license any advertising,
promotion or distribution rights.
6. INDEMNITY
You agree to indemnify and hold harmless Yahoo, and its
subsidiaries, affiliates, officers, agents, or other partners, and
employees, from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Your use of and access to the Yahoo! Video Service, Your violation
of the TOS, these Additional Terms, Your violation of any rights
of another person or entity, or Your violation of any applicable
laws or regulations.
7. YAHOO!'S RESERVATION OF RIGHTS
In addition to all other legal remedies available to Yahoo!, You
acknowledge that Yahoo! has the right to remove Your Video Content
from the Yahoo! Video Service or refuse to include Your Video
Content in the Yahoo! Video Service, suspend or terminate Your
Yahoo! account or refuse to grant You access to any current or
future use of the Yahoo! Video Service or any Yahoo! service with
or without warning if Yahoo!, in its sole discretion, believes You
have: (i) violated or tried to violate the rights of Yahoo! or
others; or (ii) violated or tried to violate or acted
inconsistently pursuant to these Additional Terms or any other
terms of the TOS.
8. INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document
incorporated by reference is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of such documents remain in full force and effect
9. LOCATION OF LAWSUIT
The TOS, which apply to Your use of the Yahoo! Video Service,
provide that both You and Yahoo! agree to submit to the personal
and exclusive jurisdiction of the courts located within the county
of Santa Clara, California, USA.
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