Yahoo!7 Video Service Additional Terms of Service ("Additional Terms")

1. ACCEPTANCE OF YAHOO!7 TERMS

Welcome to the Yahoo! Australia & NZ Pty Ltd ("Yahoo!7") Yahoo!7 Video Service ("Yahoo!7 Video Service").  Your use of the Yahoo!7 Video Service is subject to these Additional Terms and supplement the Yahoo!7 Terms of Service ("TOS") located at http://au.docs.yahoo.com/info/terms/ incorporated by reference. Yahoo!7 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://au.docs.yahoo.com/video/atos.html and the most recent version of the TOS at the URL indicated above.

2. DESCRIPTION OF SERVICE

The Yahoo!7 Video Service provides functionality that allows Yahoo!7 users who have a valid Yahoo!7 ID ("You") to upload video content ("Video Content") to be hosted by Yahoo!7 and to be indexed and crawled by Yahoo!7's Video Search technology for public display on Yahoo!7's network of properties, including without limitation, Yahoo!7 Video Search, and on Yahoo!7'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!7 Video Service is a public service, that once You submit Your Video Content for inclusion into the Yahoo!7 Video Service, it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Video Content.  Further, please be aware that user profiles and Video Content submitted to the Yahoo!7 Video Service may appear on local Yahoo!7 Video sites in other countries. There is no cost to you to submit Your Video Content.

3. PROHIBITED CONTENT AND CONDUCT

By submitting Your Video Content, You agree:

1. 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!7 to use and include the Video Content in the Yahoo!7 Video Service in the manner contemplated in these Additional Terms.
   
2. 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!7 Video Service in the manner contemplated in these Additional Terms.
   
3. 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!7

You retain ownership to the Video Content You submit for inclusion into the Yahoo!7 Video Service.  However, by submitting Your Video Content to Yahoo!7, You hereby grant Yahoo!7 the following worldwide, royalty-free, non-exclusive, sublicensable and transferable rights and licenses:

1. 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!7 Video Service;
2. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the Video Content on the Yahoo!7 Video Service or on any Yahoo!7 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
   
3. 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!7 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!7 Video Service; (ii) the ability for Yahoo!7 registered users ("Yahoo!7 Users") to rate, review, comment on and tag Your Video Content; (iii) the ability to embed Yahoo!7's video player with Your Video Content on their web site; (iv) the ability for Yahoo!7 Users to send and distribute Your Video Content via E-mail or Instant Messenger; (v) the ability to access Your Video Content via Yahoo!7'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!7 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!7 Video Service.

5. ADVERTISING RIGHTS

Yahoo!7 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!7 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!7 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!7 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!7'S RESERVATION OF RIGHTS

In addition to all other legal remedies available to Yahoo!7, You acknowledge that Yahoo!7 has the right to remove Your Video Content from the Yahoo!7 Video Service or refuse to include Your Video Content in the Yahoo!7 Video Service, suspend or terminate Your Yahoo!7 account or refuse to grant You access to any current or future use of the Yahoo!7 Video Service or any Yahoo!7 service with or without warning if Yahoo!7, in its sole discretion, believes You have: (i) violated or tried to violate the rights of Yahoo!7 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!7 Video Service, provide that both You and Yahoo!7 agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New South Wales, Australia.