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The Guardian - UK
The Guardian - UK
Technology
Neil McIntosh

Perils of search and replace

Maybe I have far too much time on my hands. But when signing up for Kinja, Nick Denton's newly-launched weblog aggregator (see New York Times piece here), I decided to take a look through the terms and conditions before clicking on submit. Leafing through the legalese on the importance of respecting copyright and intellectual property, the rules on resale of the service and so on, I was surprised to see Yahoo!'s name crop up in two places:

"17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,"
and...
"YOU EXPRESSLY UNDERSTAND AND AGREE THAT KINJA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 SUCH DAMAGES)"
(my bold emphasis) Indeed, if you pop over to , it seems long passages of the two documents appear to be quite similar. One or two bits are missing completely from the Kinja terms, mind you - like the line, under point 24 of Yahoo!'s agreement, that begins: "Yahoo! respects the intellectual property of others".
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