Flickr Pro Additional Terms of Service

[Click here to review the Flickr Gift Purchaser Terms]

THE FOLLOWING TERMS AND CONDITIONS ARE APPLIED TO FLICKR PRO ACCOUNTS

1. ACCEPTANCE OF YAHOO! TERMS

Welcome to Flickr Pro (“Flickr Pro” or the “Service”). By using Flickr Pro, you agree to these Additional Terms located at http://www.flickr.com/atos/pro/ (and any successor page) that supplement the Yahoo! Terms of Service (“TOS)” located at http://www.flickr.com/utos_detect.gne and the Yahoo! Privacy Policy located at http://privacy.yahoo.com/ (and any successor pages), which are incorporated by reference, and you further agree to comply with the Flickr Community Guidelines (Community Guidelines) located at http://www.flickr.com/guidelines.gne, and any successor page. If any conflict between the terms and conditions of these Additional Terms and those in the TOS occurs, the terms and conditions of these Additional Terms will control, except to the extent that the TOS imposes additional restrictions and liabilities on your actions.

Yahoo! ("Flickr") 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 this Additional Terms and the most recent version of the Yahoo! Terms of Service, Yahoo! Privacy Policy, and the Community Guidelines at the URLs indicated above.

2. DESCRIPTION OF SERVICE

Please click on the following link to learn what additional features Flickr Pro provides to subscribers http://flickr.com/help/limits/#28.

3. YAHOO! ID AND YAHOO! WALLET REQUIREMENT

To participate in the Service, you must have a valid Yahoo! ID. You must also have a Yahoo! Wallet, which will save your credit card, billing and shipping information and other information (your "Registration Data"). If you do not have a Yahoo! ID or a Yahoo! Wallet, you will be prompted to complete the registration process for them before you can pay for the Service.

To use Yahoo! Wallet, you must provide true, accurate, and current Registration Data and keep that information accurate. You, and not Yahoo!, are responsible for any and all purchases made through your Yahoo! Wallet account or in connection with your Yahoo! ID. Yahoo! is not responsible for unauthorized purchases or errors made using your Yahoo! ID or your Yahoo! Wallet account. You must resolve purchase-related disputes with and promptly report unauthorized use of your card to your credit card company, online payment service, merchant, or bank. Your liability for unauthorized use of your card may be limited by your card issuer's agreement with you and/or by applicable law. In addition to the uses of account information authorized by the TOS, Yahoo! may access, preserve, monitor and disclose your card information in the good faith belief that such action is reasonably necessary to verify your account, to identify or resolve problems, or to respond to inquiries about the Service, provided, however, that nothing in this section shall impose a duty on Yahoo! to make any such disclosures.

4. PAYMENT

4.1 Payment Terms

Your credit card will automatically be charged the current fee for the Service you choose on the date that you click on the "Place Order" button in the ordering process. If you do not cancel your Flickr Pro service by the end of the current term, your credit card on file will also automatically be charged the then-current fee for that Service at the commencement of each renewal term. Fees may not be credited towards other services. Current fees will be posted on Flickr in the Options section located at http://flickr.com/help/limits/#28. All currency references are in U.S. dollars. Please note, unless Yahoo! provides express notice otherwise, payment for the Service is non-refundable. If you cancel your Flickr Pro, your account will automatically revert to a free Flickr account upon the expiration of your Flickr Pro term and will be subject to the limitations of a free Flickr account.

4.2 Account Updater

As a convenience to its users, Yahoo! subscribes to a third party service that can refresh expired credit card or debit card numbers with the numbers of replacement cards so that users' paid Services do not lapse because the payment instrument initially on file with Yahoo! has expired ("Account Updater"). By registering for the Service, you consent to Yahoo!'s disclosure of your registration information to this third party service and to that service's use of such information solely in connection with Account Updater. You also consent to Yahoo!'s receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in the TOS, these Additional Terms, the Yahoo! Privacy Policy, and the Community Guidelines.

4.3 Fraud Protections

To protect against potential fraud, Yahoo! may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Yahoo! will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Yahoo! with your credit card information, you authorize Yahoo! to debit and credit your credit card account for an amount less than one dollar for such verification purposes.

4.4 Termination

If your credit card is invalid for any reason, your Flickr Pro account will revert to a free Flickr account and will be subject to the limitations of a free Flickr account; provided, however, that Flickr reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it will be deleted permanently. Flickr accepts no liability for information or content that is deleted due to an invalid credit card.

5. FLICKR'S RESERVATION OF RIGHTS

Flickr expressly reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of any Yahoo! service, including Flickr Pro, if Flickr, in its sole discretion believes you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the TOS, the Community Guidelines or these Additional Terms. In such event, your Flickr Pro account may be suspended or cancelled immediately in Flickr’s discretion, all the information and content contained within it deleted permanently and you will not be entitled to any refund of any of the amounts you've paid for such account. Flickr accepts no liability for information or content that is deleted.

6. INDEMNITY

You agree to indemnify and hold harmless Flickr, 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 Flickr Pro, your violation of the TOS, these Additional Terms or the Community Guidelines, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

7. PRIVACY

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our privacy policy at http://info.yahoo.com/privacy/us/yahoo/wallet/details.html, and any successor page.

8. AGE REQUIREMENTS FOR USE OF FLICKR PRO

Flickr Pro is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions.

9. OBJECTIONABLE MATERIAL

You understand that by using Flickr Pro, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit subject matter. Nevertheless, you agree to use Flickr Pro at your sole risk and that Flickr shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

10. CHOICE OF LAW AND FORUM

You and Yahoo! each agree that these Additional Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Additional Terms, or the relationship between you and Yahoo!, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Yahoo! agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

THE FOLLOWING TERMS AND CONDITIONS ARE APPLIED TO FLICKR GIFT PURCHASES ONLY

1. ACCEPTANCE OF TERMS

Welcome to Flickr Gift Certificate. By purchasing a Flickr Gift Certificate, you agree to these Gift Purchaser Terms located at http://www.flickr.com/gift_terms_purchaser.gne that supplement the Yahoo! Terms of Service ("TOS") located at http://docs.yahoo.com/info/terms/ (and any successor pages), which are incorporated by reference.

Separate Terms of Service govern the redemption and use of the gift certificate and the use of the product by the recipient, and must be agreed by the recipient of a gift certificate prior to redemption of the gift certificate and use of the product. Those terms are located at http://www.flickr.com/gift_terms_redeemer.gne, and any successor page. Flickr reserves the right to update and change, from time to time, these Gift Purchaser Terms and all documents incorporated by reference. You can always find the most recent version of these Gift Purchaser Terms and the most recent version of the Yahoo! Terms of Service at the URLs indicated above.

2. DESCRIPTION OF SERVICE

Certain Flickr services allow the purchase of gift certificates, in which the cost of a subscription to that service may be given to another user as a gift. Flickr Gift Certificates can only be purchased on the Flickr site, and a particular gift certificate may only be applied toward the purchase of the Flickr service for which it is being offered.

Gift certificates can be purchased in set amounts to enable the recipient to receive the Flickr service for which the gift certificate is made available by Flickr. Flickr Gift Certificates may not be used to purchase other Flickr Gift Certificates or any other Yahoo! Services or Yahoo! Gift Certificates.

3. ELIGIBILITY

A Flickr Gift Certificate may only be sold to persons above the age of 13. Flickr reserves the right to restrict the availability of a Flickr Gift Certificate to residents of certain U.S. states, with or without notice.

A Flickr Gift Certificate is intended for use as a gift to an individual. A Flickr Gift Certificate is non-transferable, and resale of a Flickr Gift Certificate or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. You agree that Flickr has the right to suspend or terminate your account and refuse any and all current or future use of gift certificates and balances (or any portion thereof) obtained or used under such circumstances.

4. FLICKR ID REQUIREMENT

In order to purchase a Flickr Gift Certificate, you must have a valid Yahoo! ID. You must also have a Yahoo! Wallet, which will save your credit card, billing and shipping information and other information (your "Registration Data"). If you do not have a Yahoo! ID or a Yahoo! Wallet, you will be prompted to complete the registration process for them before you can pay for the Services.

To use Yahoo! Wallet, you must provide true, accurate, and current Registration Data and keep that information accurate. You, and not Yahoo!, are responsible for any and all purchases made through your Yahoo! Wallet account or in connection with your Yahoo! ID. Yahoo! is not responsible for unauthorized purchases or errors made using your Yahoo! ID or your Yahoo! Wallet account. You must resolve purchase-related disputes with and promptly report unauthorized use of your card to your credit card company, online payment service, merchant, or bank. Your liability for unauthorized use of your card may be limited by your card issuer's agreement with you and/or by applicable law. In addition to the uses of account information authorized by the TOS, Yahoo! may access, preserve, monitor and disclose your card information in the good faith belief that such action is reasonably necessary to verify your account, to identify or resolve problems, or to respond to inquiries about the Service, provided, however, that nothing in this section shall impose a duty on Yahoo! to make any such disclosures.

5. FEES AND CHARGES

Flickr may, upon notice required by applicable laws, at any time: (i) change the amount of, or basis for determining, any fee or charge related to any Flickr Gift Certificate, or (ii) institute new fees or charges related to a Flickr Gift Certificate.

6. NO REFUNDS

Once your order is processed and confirmed by Flickr, your gift certificate purchase is final. You will not be able to cancel your Flickr gift certificate order, and you will not be entitled to any refunds or credits.

7. EXPIRATION

A Flickr Gift Certificate does not expire. However, you understand and agree that receipt and acceptance of the Flickr Gift Certificate by your intended recipient will be deemed to have occurred when the recipient provides their consent to Flickr to receive the gift or, in the case of a gift generating a gift code, when the recipient enters the gift code associated with the Flickr Gift Certificate on to the Flickr site and successfully applies the value associated with that gift to their Flickr account. In the unlikely event that your Flickr Gift Certificate is not received and accepted by your intended recipient twelve (12) months from the date that your payment for such gift certificate is finalized, then the Flickr Gift Certificate will be applied to your own Flickr account. By way of example and not limitation, if you purchase a one year Flickr Gift Certificate and the intended recipient of the Flickr Gift Certificate does not receive and accept the one year certificate twelve (12) months from the date of payment, one year of Pro status will be added to your own Flickr account. There are presently no service fees for the maintenance of unaccepted Flickr Gift Certificates.

8. NO REPLACEMENT

Flickr Gift Certificates will not be replaced if they are lost, stolen or used without permission.

9. TERMINATION

Flickr reserves the right to close customer accounts and request alternative forms of payment if a Flickr Gift Certificate is fraudulently obtained or used on the Flickr site.

10. PRIVACY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see the Yahoo! Privacy Policy at http://privacy.yahoo.com/, and any successor page.

11. NO LIABILITY

A Flickr Gift Certificate is provided "AS-IS," and Flickr assumes no responsibility for the timeliness, deletion, mis-delivery, misapplication or failure to store any user communications personalization settings, or balance.