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YAHOO FLICKR CREATIVE COMMONS 100M DATASET

TERMS OF USE

1. PARTIES & AGREEMENT TO TERMS


1.1. Yahoo! Inc. (“Yahoo”) provides you access to and use of the Yahoo Flickr Creative
Commons 100M dataset made available from the Yahoo website located at
http://webscope.sandbox.yahoo.com (“Dataset”) subject to the terms and conditions of this
Terms of Use ("TOU"). The term "Dataset" includes the selection and arrangement of
information along with the data found at the URL above.
1.2. This TOU is a binding agreement between Yahoo and you and, if applicable, the
company or other legal entity you represent (individually and collectively, "you" or "your").
If you are entering into this TOU on behalf of a company or other legal entity, you represent
that you have the legal authority to bind the legal entity to this TOU. If you do not have this
authority, or if you do not agree with the terms and conditions of this TOU, you may not
download, access or use the Dataset.
1.3. BY CLICKING THE “I AGREE” BUTTON, OR DOWNLOADING, ACCESSING, OR
USING THE DATASET, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND,
ARE BOUND BY, AND WILL ABIDE BY, THIS TOU. IF YOU DO NOT
UNDERSTAND, ACCEPT, AND AGREE TO THIS TOU, DO NOT COMPLETE THE
REGISTRATION PROCESS OR OTHERWISE DOWNLOAD, ACCESS OR USE THE
DATASET.

2. PERMITTED USES AND GENERAL RESTRICTIONS


2.1. You may access the Dataset after Yahoo provides a link or by some other distribution
method specified by Yahoo.
2.2. The Dataset is valuable information of Yahoo. You agree to use the Dataset only in
accordance with this TOU.
2.3. You may use the Dataset to review, analyze, summarize, interpret and create works from
the Dataset. You may publish your observations, commentary, analyses, summaries, and
interpretations of, and works from, the Dataset.
2.4. Unless Yahoo expressly requests no attribution, publications resulting from research
carried out using the Dataset must display an attribution to Yahoo. This attribution must
reference (a) "Yahoo Webscope" and the web address http://webscope.sandbox.yahoo.com in
a footnote in the publication and (b) "The New Data and New Challenges in Multimedia
Research” by Bart Thomee, David A. Shamma, Gerald Friedland, Benjamin Elizalde, Karl
Ni, Douglas Poland, Damian Borth, and Li-Jia Li, arXiv:1503.01817” in the bibliographic
citations in the publication.
2.5. You may grant access to the Dataset only to persons that are working under your
supervision and control. You agree to ensure that these persons comply with the terms and
conditions of this TOU, and you accept responsibility for that compliance.
2.6. You must comply with all applicable laws, including any data privacy laws of any
applicable jurisdiction. You will not perform any analysis on, reverse engineer, or process the
Dataset, including by use of correlating other sources with the Dataset, to determine or infer
personally identifiable information underlying the data in the Dataset, or of any Yahoo
user(s), beyond what is provided on the face of the data in the Dataset.
2.7. Yahoo retains ownership of all rights, title and interest in and to the Dataset and reserves
all rights not expressly granted in this TOU. Yahoo does not claim or reserve rights to
individual components of data within the Dataset.
2.8. You agree that you understand that the data within the Dataset may be subject to
additional licenses placed on such data by third parties. You agree to comply with any
additional licenses. Before publishing the Dataset, or any portion thereof, you must check the
photo or video page URLs for the data you wish to publish to determine whether such data is
still publicly available and you must remove data that is no longer publicly available.
2.9. You represent that you are not bound by any agreement, policy, or regulation under
which the compliance thereof would cause a breach of or non-compliance with this TOU.
2.10. You will not display, reproduce, transmit, distribute, sell, publish, provide to third
parties, incorporate into third party materials, or use the Dataset except as specifically
permitted in this TOU or with the written consent of Yahoo.

3. COMMENCEMENT AND DURATION


3.1. This TOU will take effect from the date that you click the “I Agree” button and continue
in effect until terminated by you or by Yahoo in accordance with Section 5 below.

4. DISCLAIMER AND LIMITATION OF LIABILITY


4.1. YOUR ACCESS TO AND USE OF THE DATASET IS AT YOUR OWN
DISCRETION AND RISK, AND IS PROVIDED ON AN ”AS IS” AND ”AS
AVAILABLE” BASIS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
THAT RESULTS FROM THE DOWNLOADING, ACCESS OR USE OF THE DATASET,
INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA.
4.2. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT
LIMITING THE SCOPE OR APPLICABILITY OF THE PRECEDING SENTENCE,
YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS FULLY DISCLAIM, AND MAKE NO WARRANTY
THAT (I) THE DATASET WILL MEET YOUR REQUIREMENTS; (II) THE DATASET
WILL BE ERROR-FREE OR RELIABLE; (III) THE DATASET OR ANY
INFORMATION OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS; (V)
ANY ERRORS, USE, OR FAILURES ASSOCIATED WITH THE DATASET OR
ACCESS TO THE DATASET WILL BE CORRECTED. NOTHING IN THIS TOU WILL
BE CONSTRUED TO LIMIT OR AFFECT YAHOO’S ONGOING BUSINESSES,
INCLUDING THE COLLECTION AND USE OF ANY INFORMATION OR DATA IN
CONNECTION WITH ITS BUSINESS, REGARDLESS OF WHEN OR IN WHAT
MANNER THE INFORMATION OR DATA IS COLLECTED.
4.3. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), IN
CONNECTION WITH THIS TOU, THE DATASET, OR YOUR ACCESS OR USE OF
THE DATASET.

5. TERMINATION
5.1. You may terminate this TOU at any time, provided you comply with Section 5.4.
5.2. In addition to the above, if you breach the TOU or use the Dataset in such a way as to
damage, compete or assist others in competing with Yahoo’s business, Yahoo may terminate
the TOU with immediate effect.
5.3. You must terminate use of the Dataset and delete the Dataset, and any portion thereof,
from any media on which it has been stored, if Yahoo, in its sole discretion, requires you to
do this for legal, policy or regulatory reasons.
5.4. Upon termination of this TOU, you must delete or destroy all copies of the original
Dataset from any media on which it has been stored. Sections 1.2, 2.2, 2.4, 4, 5.4, and 6, will
survive the termination of this TOU.

6. GENERAL
6.1. You may not assign any right or obligation under this TOU, either in whole or in part,
without the prior written consent of Yahoo. Any attempt to assign or delegate any rights or
obligations without Yahoo's prior written consent is null and void. Yahoo may assign this
TOU without your consent.
6.2. The failure of Yahoo to exercise or enforce any right or provision of this TOU does not
constitute a waiver of that right or provision. If any provision of this TOU 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 this TOU remain in full force and effect.
6.3. For purposes of this TOU, you and Yahoo will be and act independently, and not as
partner, joint venturer, agent, employee or employer of the other. You have no authority to
assume or create any obligation for or on behalf of Yahoo, express or implied, and you must
not attempt to bind Yahoo to any contract.
6.4. The Dataset is being provided to you in accordance with U.S. export control laws and
regulations. If you directly or indirectly transfer or implement the Dataset itself or use the
Dataset to develop any derivative product, you are responsible for complying with the export
and import laws, regulations, and licensing requirements of the United States and any other
countries that may apply.
6.5. These terms constitute the entire agreement between you and Yahoo concerning your
access to and use of the Dataset, supersede any prior agreements between you and Yahoo
with respect to the Dataset, and are the sole source of your rights concerning use of the
Dataset.

YAHOO Webscope ADDITIONAL TERMS OF SERVICE

1. ACCEPTANCE OF TERMS
a. Yahoo Inc. (“Yahoo”) provides messaging, assistant, communication, search, and
interaction products, including chat bots operating in messenger platforms, virtual personal
assistants and stand-alone apps accessed on Yahoo or through third-party apps and services
(“Webscope”), all of which are subject to the terms and conditions of this Yahoo Webscope
Additional Terms of Service (“ATOS”)
https://policies.yahoo.com/us/en/yahoo/terms/product-atos/assistant-services/index.htm and
the Yahoo Universal Terms of Service (“UTOS”) located here
https://policies.yahoo.com/us/en/yahoo/terms/utos/index.htm and incorporated by reference
into this ATOS. Your use of the Webscope constitutes acceptance of, and is subject to, this
ATOS and the UTOS. This ATOS and the UTOS may be updated by Yahoo from time to
time without individual notice to you. You can review the most current version of this ATOS
and the UTOS by clicking the applicable links above.
b. Webscope may interact and converse with you to answer questions, help complete tasks or
perform other activities. Webscope rely on Yahoo personnel and/or automated systems to
respond to questions or instructions from users.
c. Yahoo may collect information about you when you use the Webscope, including your
conversations and interactions with the Webscope, your Yahoo ID and information
associated with your Yahoo account.
d. We may also collect information provided by a third-party (including apps, messaging
platforms and other services) interacting with the Webscope, which could include: your
account information with the third-party, such as user ID, name, photo, phone number, email
address; and device information such as device ID, device type, operating system, and mobile
carrier.
e. Yahoo’s personnel and automated systems may have access to all communications content
as it is sent, received, and when it is stored, in order to fulfill your requests, further product
and services development, and provide personalized experiences and advertising through
Yahoo’s products and services.
f. By accessing, using and continuing to use the Webscope, you represent and warrant that
you are permitted to do so under applicable law. You are solely responsible for using the
Webscope in compliance with any and all applicable law. If you are in a jurisdiction where
download or use of the Webscope is prohibited or restricted or if you are below the
applicable legal age required to use the Webscope, do not download or use the Webscope.
Unless explicitly stated otherwise, any new features that augment or enhance the current
Webscope shall be subject to this ATOS, which you agree to by continued use of the
Webscope.

2. DESCRIPTION AND USE OF THE Webscope


a. Use of Software. As needed, you may install or download and use software in the
Webscope including any third party software, and any authorized updates provided by Yahoo
(the "Software") in object code form on a personal computer or device owned or controlled
by you for your own personal, non commercial use. You are only permitted to access the
Webscope through the Software strictly as authorized in this ATOS. The Webscope and its
components contain software licensed from Yahoo licensors ("Licensor Software"). The
Licensor Software enables the Yahoo Software to perform certain functions including,
without limitation, access proprietary data on third-party data servers. Your license to the
Software continues until it is terminated by either party. You may terminate the license to the
Software by discontinuing use of and by destroying all copies of the Software. In addition,
this Software license terminates if you violate any term of this ATOS, Yahoo publicly posts a
written notice of termination on Yahoo's web site, or Yahoo sends a written notice of
termination to you. If your license terminates, you agree to cease any and all use of the
Webscope, their components, and any third-party data. All rights in any third-party data, any
third-party software, and any third-party data servers, including all ownership rights are
reserved and remain with the respective third parties. You agree that these third parties may
enforce their rights under this ATOS against you directly in their own name and that you are
solely responsible for such claims or defenses and all costs associated with them. If the
Webscope require or include downloadable software, Yahoo may automatically download
and install the latest version of the software on your device once a new version or feature is
available. Some Webscope may let you adjust your automatic update settings. If there is a
material change, Yahoo may notify you after installation.
b. Saving and Accessing Information. Yahoo may save on Yahoo servers the conversations
and other information that you provide when using the Webscope. Your use of the Webscope
constitutes your consent to allow Yahoo to store these communications and other information
on its servers for back up, security and all other purposes set forth in this ATOS. You are
solely responsible for the content that you use or store in connection with the Webscope and
if you wish, are solely responsible for backing up your data. Except as set forth herein, you
acknowledge and agree that Yahoo does not guarantee that data associated with your account
will be accessible to you, or that any data deleted, removed or rendered inaccessible can be
provided to you.
c. This ATOS grants you no right, title or interest in any intellectual property owned or
licensed by Yahoo, including, without limitation, the Webscope and Yahoo trademarks.
d. Advertisements. You understand and agree that the Webscope may include advertisements
and that these advertisements are necessary for Yahoo to provide the Webscope.
e. Communications from Yahoo. You also understand and agree that the Webscope may
include certain communications from Yahoo, such as Webscope announcements and
administrative messages and that you will not be able to opt out of receiving such
communications.
f. Accessing and Using the Webscope. In order to use the Webscope (for both free and
charged Webscope), you must obtain access to the World Wide Web, either directly or
through devices that access web-based content. You are responsible for and must pay any
fees associated with such access and for all costs of any equipment used to gain such access
(which could include third party fees).
g. The Webscope may allow you to use different methods of communicating and sending and
receiving messages, files, photos, videos and other information, including via SMS, MMS,
and text messages. Your use of the Webscope constitutes your consent to allow Yahoo to
communicate with you using these different methods as part of the Webscope.
h. Yahoo Support. Yahoo may elect to provide you with customer support and/or upgrades,
enhancements, or modifications for the Webscope (collectively, "Support"), in its sole
discretion, and may terminate such Support at any time without notice to you. You
understand and agree that in the event Yahoo elects to provide you with Support, such
Support is provided voluntarily in Yahoo’s sole discretion and that it does not create any
contractual right to receive Support and that you may not rely upon any statement or offer of
Support to create a contractual right to Support.
i. Yahoo Fees. Yahoo reserves the right to charge fees for future use of or access to the
Webscope, or other Yahoo products and services, in Yahoo's sole discretion. If Yahoo
decides to charge fees, Yahoo will provide you with prior notice.

3. YAHOO PRIVACY POLICY


Your access to and use of the Webscope constitutes acceptance of and is subject to the Yahoo
Privacy Policy. You can review the most current version of the Yahoo Privacy Policy at any
time by clicking on the Privacy Policy on the following link:
https://policies.yahoo.com/us/en/yahoo/privacy/products/search/index.htm

4. INTEROPERABILITY WITH OTHER NETWORKS.


Webscope may be provided on platforms that are not owned by Yahoo. These platforms may
have their own terms of service and privacy policy and we encourage you to review those
terms of service and privacy policy. Yahoo assumes no responsibility for those platforms nor
the conduct of persons or entities with which you communicate on those platforms.

5. RESTRICTIONS ON USE
YOU MAY NOT and will not allow any third party to (except to the extent required by local
law):
a. Copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease,
loan, distribute, or create derivative works (as defined by the applicable local laws) or
improvements (as defined by the applicable local laws) to the Webscope or Software or
otherwise attempt to discover the source code or protocols in the Webscope or Software;
b. Obtain or attempt to obtain unauthorized access to the Webscope or the Yahoo network;
c. Incorporate the Webscope or the Software, or any portion thereof, into any other
Webscope, software, hardware, or other technology manufactured or distributed by or for
you;
d. Use the Webscope in any unlawful manner, for any unlawful purpose, or in any manner
inconsistent with this ATOS or the UTOS;
e. Use the Webscope to operate nuclear facilities, life support, or other mission critical
application where human life or property may be at stake (you specifically understand that
the Webscope are not designed for such purposes and that their failure in such cases could
lead to death, personal injury, or severe property or environmental damage for which Yahoo
is not responsible); or
f. Sell, lease, loan, distribute, transfer, sublicense, reproduce, duplicate, copy, trade or exploit
the Webscope or access thereto or derive income from the use or provision of the Webscope,
whether for direct commercial or monetary gain or otherwise, without Yahoo's prior, express
and written permission.

6. DISCLAIMER AND EQUIPMENT


a. You understand and agree that the Webscope are provided "AS-IS" and that Yahoo
assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any
user communications or personalization settings. You also understand that Yahoo is not
responsible for the security or privacy of communications sent via the Webscope. You use
the Webscope at your own risk. Yahoo disclaims responsibility for any actions you may take
based on information that you may obtain from, or conversations that you may have with, the
Webscope.
b. Any required or optional equipment or third party plug-in applications that you use to use,
access, or augment the Webscope, including your mobile or other device, whether required or
optional, is subject to the terms, conditions, warranties and disclaimers provided by the
manufacturer of such equipment or third party plug-in applications, and Yahoo makes no
warranties or representations whatsoever regarding such equipment and third party plug-in
applications. Please refer to the materials you received when you purchased the equipment or
obtained the third party plug-in applications to understand your rights and obligations,
including what warranties and disclaimers apply to you. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, YAHOO AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO SUCH EQUIPMENT
OR THIRD PARTY PLUG-IN APPLICATIONS, INCLUDING ANY IMPLIED TERMS
AND WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF Webscope TO
A STANDARD OF REASONABLE CARE AND SKILL AND AS TO NON-
INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

7. GENERAL INFORMATION
Entire Agreement. This ATOS and the UTOS and all documents incorporated therein
constitute the entire agreement between you and Yahoo as it relates to your use of the
Webscope and supersedes any prior version of this ATOS or the UTOS, if any, between you
and Yahoo with respect to the Webscope. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other Yahoo Webscope
(including charged Webscope), affiliate Webscope, third-party content or third-party
software. This ATOS will continue to govern your use of the Webscope unless you agree to
other terms with a Yahoo company that specifically state that they supercede the previously
agreed version of the “Yahoo Webscope Terms of Service”. If you are using the Webscope,
in the event of a conflict between the provisions of this ATOS and the UTOS, the provisions
of the ATOS shall control, as they relate to the Webscope.

8. CHOICE OF LAW AND FORUM


The substantive law of the State of California governs the interpretation of this ATOS and
applies to all claims related to it, regardless of conflict of laws principles. You and Yahoo
irrevocably consent to the exclusive jurisdiction and venue of the state courts located in Santa
Clara County, California or in the Federal Courts located in the Northern District of
California, USA for all disputes arising out of or relating to this ATOS or arising out of or
relating to the relationship between you and Yahoo regardless of the type of claim.

9. OTHER
a. If applicable, all Software provided to the U.S. Government pursuant to solicitations issued
on or after December 1, 1995, is provided with the commercial rights and restrictions
described herein. If the Webscope and related documentation are supplied to or purchased by
or on behalf of the United States Government, if applicable, then the Webscope are deemed
to be "commercial software" as that term is used in the Federal Acquisition Regulation
system. Rights of the United States shall not exceed the minimum rights set forth in FAR
52.227-19 for "restricted computer software."
b. You agree to not provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act.