| | 17 | ### 2.1 Flickr pro |
|---|
| | 18 | |
|---|
| | 19 | Flickr pro provides subscribers with unlimited uploads (10 MB per photo), unlimited photo storage, unlimited bandwidth, unlimited sets, archiving of high resolution originals, the ability to post your photos in up to sixty (60) group pools, the ability to replace a photo and advertising-free browsing and sharing. |
|---|
| | 20 | |
|---|
| | 21 | ## 3. YAHOO! ID REQUIREMENT |
|---|
| | 22 | |
|---|
| | 23 | To participate in Flickr pro, you must have a valid Yahoo! ID and, solely if you have not received a free offer or gift for a specific number of days of Flickr pro ("Free pro Period"), you will also need to provide other information, such as your credit card and billing information (your "Registration Data"). If you do not have a Yahoo! ID, you will be prompted to complete the registration process for it before you can register for Flickr pro. In consideration of your use of Flickr pro, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Flickr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flickr has the right to suspend or terminate your account and delete any information or content therein without liability to Flickr. |
|---|
| | 24 | |
|---|
| | 25 | ## 4. PAYMENT TERMS |
|---|
| | 26 | |
|---|
| | 27 | ### 4.1 General Terms |
|---|
| | 28 | |
|---|
| | 29 | If you are purchasing a Flickr pro account, the credit card that you provide as part of your Registration Data will be automatically and immediately billed. All currency references are in U.S. dollars. |
|---|
| | 30 | |
|---|
| | 31 | ### 4.2 Payment for Subscription |
|---|
| | 32 | |
|---|
| | 33 | Payment occurs on a pre-pay basis and payment will not be automatically renewed at the end of the term. The amount you are to pay will depend upon which term of subscription you choose. For example, if you choose one year of Flickr pro, you will be charged for the one year price upfront. If you choose the two year term of Flickr pro, you will be charged for the entire two year price upfront. Please note: If you have received a Free pro Period, then you will not be charged for those days covered by the Free pro Period. You will be contacted in order to renew your Flickr pro account prior to the end of any expiration of the account (either the expiration of a Free pro Period or a paid Flickr pro term), at which point you may elect to purchase a new Flickr pro term. If you do not elect to purchase a new Flickr pro term, your account will automatically revert to a free Flickr account upon the expiration of your Flickr pro term or Free pro Period. |
|---|
| | 34 | |
|---|
| | 35 | ### 4.3 Cancellation of Subscription |
|---|
| | 36 | |
|---|
| | 37 | Please note, unless Flickr gives notice to the contrary, payment for subscriptions are non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund. |
|---|
| | 38 | |
|---|
| | 39 | ### 4.4 Termination |
|---|
| | 40 | |
|---|
| | 41 | If your credit card is invalid for any reason, your Flickr pro account will revert to 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. |
|---|
| | 42 | |
|---|
| | 43 | ## 5. FLICKR'S RESERVATION OF RIGHTS |
|---|
| | 44 | |
|---|
| | 45 | 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 our 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. |
|---|
| | 46 | |
|---|
| | 47 | ## 6. INDEMNITY |
|---|
| | 48 | |
|---|
| | 49 | 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. |
|---|
| | 50 | |
|---|
| | 51 | ## 7. PRIVACY |
|---|
| | 52 | |
|---|
| | 53 | Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at [ http://privacy.yahoo.com ](http://privacy.yahoo.com) . |
|---|
| | 54 | |
|---|
| | 55 | ## 8. AGE REQUIREMENTS FOR USE OF FLICKR PRO |
|---|
| | 56 | |
|---|
| | 57 | 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. |
|---|
| | 58 | |
|---|
| | 59 | ## 9. OBJECTIONABLE MATERIAL |
|---|
| | 60 | |
|---|
| | 61 | 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. |
|---|
| | 62 | |
|---|
| | 63 | ## 10. LOCATION OF LAWSUIT |
|---|
| | 64 | |
|---|
| | 65 | The Yahoo! Terms of Service, which apply to your Flickr pro account, provides that both you and Flickr agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. |
|---|
| | 66 | |
|---|
| | 67 | ** THE FOLLOWING TERMS AND CONDITIONS ARE APPLIED TO FLICKR GIFT PURCHASES ONLY ** |
|---|
| | 68 | |
|---|
| | 69 | ## 1. ACCEPTANCE OF TERMS |
|---|
| | 70 | |
|---|
| | 71 | 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.gne#purchaser ](http://www.flickr.com/gift_terms_purchaser.gne) that supplement the Yahoo! Terms of Service ("TOS") located at [ http://docs.yahoo.com/info/terms/ ](http://docs.yahoo.com/info/terms/) , which are incorporated by reference. |
|---|
| | 72 | |
|---|
| | 73 | 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.gne#redeemer ](http://www.flickr.com/gift_terms_redeemer.gne) . |
|---|
| | 74 | |
|---|
| | 75 | 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. |
|---|
| | 76 | |
|---|
| | 77 | ## 2. DESCRIPTION OF SERVICE |
|---|
| | 78 | |
|---|
| | 79 | 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. |
|---|
| | 80 | |
|---|
| | 81 | 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. |
|---|
| | 82 | |
|---|
| | 83 | ## 3. ELIGIBILITY |
|---|
| | 84 | |
|---|
| | 85 | 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. |
|---|
| | 86 | |
|---|
| | 87 | 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. |
|---|
| | 88 | |
|---|
| | 89 | ## 4. FLICKR ID REQUIREMENT |
|---|
| | 90 | |
|---|
| | 91 | In order to purchase a Flickr Gift Certificate, you must have a valid Yahoo! ID, provide your name, credit card billing and shipping information, and the recipient's name and e-mail address. If you do not have a Yahoo! ID, you will be prompted to complete the registration process before you can purchase a Flickr Gift Certificate. Gift certificate recipients will also be required to have a valid Yahoo! ID in order to redeem their gift certificate. |
|---|
| | 92 | |
|---|
| | 93 | In consideration of your use of Flickr services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any Flickr or Yahoo! registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Flickr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 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). |
|---|
| | 94 | |
|---|
| | 95 | ## 5. FEES AND CHARGES |
|---|
| | 96 | |
|---|
| | 97 | 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. |
|---|
| | 98 | |
|---|
| | 99 | ## 6. NO REFUNDS |
|---|
| | 100 | |
|---|
| | 101 | 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. |
|---|
| | 102 | |
|---|
| | 103 | ## 7. EXPIRATION |
|---|
| | 104 | |
|---|
| | 105 | 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 gifts 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. |
|---|
| | 106 | |
|---|
| | 107 | ## 8. NO REPLACEMENT |
|---|
| | 108 | |
|---|
| | 109 | Flickr Gift Certificates will not be replaced if they are lost, stolen or used without permission. |
|---|
| | 110 | |
|---|
| | 111 | ## 9. TERMINATION |
|---|
| | 112 | |
|---|
| | 113 | 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. |
|---|
| | 114 | |
|---|
| | 115 | ## 10. PRIVACY |
|---|
| | 116 | |
|---|
| | 117 | 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 ](http://privacy.yahoo.com) . |
|---|
| | 118 | |
|---|
| | 119 | ## 11. NO LIABILITY |
|---|
| | 120 | |
|---|
| | 121 | 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. |
|---|
| | 122 | |
|---|