Microsoft Service Agreement
These Terms ("Terms") include use of the consumer products, websites, and Microsoft services listed here ("Services"). These products previously had separate requirements called various names, such as "Xbox Live Terms of Use" or "Skype Terms of Use," and these Terms superseded those separate requirements. You agree to these Terms by creating a Microsoft account or Skype account, through the use of the Service, or by continuing to use the Services after being notified of changes to these Terms.
Your privacy
1. Your privacy. Your privacy is important to us. Please read the Microsoft Privacy Statement ("Privacy Statement") as it explains the types of data we collect from you and your device ("Data") and how we use your Data. The Privacy Statement also explains how Microsoft uses your content, ie your communications with others; posts or responses you send to Microsoft through the Service; and any files, photos, documents, audio, digital works, and videos you upload, store or share through the Service ("Your Content"). By using the Services or accepting these Terms, you authorize the collection, use, and disclosure of Your Content and Data by Microsoft as described in the Privacy Statement.
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Your content
2. Your Content. Many of our Services allow you to store or share your Content or receive material from other parties. We do not claim ownership of your Content. Your content remains your Content and you are responsible for the content.
a. When you share your Content with others, you understand that they, anywhere in the world, may use, store, record, reproduce, broadcast, transmit, display (and at HealthVault, delete) your Content without compensating you. If you do not want others to have those capabilities, do not use the Service to share your Content. You represent and warrant that as long as these Terms apply, you will have (and will) have all necessary rights for your Content uploaded, stored, or shared on or through the Service and that the collection, use and retention of Your Content will not violate the law. any law or the rights of others. Microsoft does not own, control, verify, pay, provide support or be liable for your Content and may not be liable for your Content or materials that are uploaded, stored or shared by others using the Services.
b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to refine your Microsoft products and services, you grant Microsoft a worldwide royalty-free intellectual property license to use your Content, for example to make copies, , transmit, reformat, display and distribute your Content on the Service through a communication tool. If you publish your Content in an area of Service that is widely available online without limitation, your Content may appear in a demo or material promoting the Services. Some Services are supported through advertising. Controls on how Microsoft personalizes ads are available on the Security & privacy page on the Microsoft account management website. We do not use your statements in emails, chats, video calls, or voicemails, nor any documents, photographs or other personal files to target ads to you. Our advertising policies are discussed in detail in the Privacy Statement.
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Code of Conduct
3. Order of Conduct.
a. By agreeing to these Terms, you agree that when using the Services you will comply with the following rules:
i. Not doing anything illegal.
ii. Not involved in any activity that exploits, harms, or threatens to harm children.
iii. Not spamming. Spam is email, posts, contact requests, SMS (text messages), or unwanted or unsolicited instant messages.
iv. Not displaying publicly or using the Service to share any Content or inappropriate material (for example that includes nudity, bestiality, pornography, graphic violence or criminal activity) or your Content or material that is inconsistent with local law or regulation.
v. Not involved in fraudulent or misleading activities (eg asking for money on false pretenses, masquerading as someone else, manipulating the Services to increase game counts, or affecting ratings, ratings, or comments) or slander or defamation.
vi. Do not circumvent any restrictions on access to or availability of the Service.
vii. Not involved in activities that harm you, the Service, or others (eg, sending viruses, trailing, posting terrorist content, spreading hate speech, or advocating violence against others).
viii. Not infringe on the rights of others (for example, sharing copyrighted music or other copyrighted material unlawfully, resale or other distribution for Bing maps, or photos).
ix. Not involved in activities that violate the privacy or other data protection rights of others.
x. Not helping others break the rule.
b. Enforcement. If you violate these Terms, we may at its discretion discontinue the provision of the Services for you or we may close your Microsoft account or Skype account. We may also block the transmission of communications (such as email or instant messaging) to or from the Services as part of our efforts to enforce these Terms, or we may remove or refuse to publish your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review your Content in order to resolve the issue, and you hereby authorize such examinations. However, we are unable to monitor the entire Services and take any effort to do so.
c. Implementation for Xbox Service. Click here for more information on how this Code of Conduct applies to Xbox Live, Games for Windows Live, as well as Microsoft Studios games, apps, services and content provided by Microsoft.
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Using Services & Support
4. Using Service & Support.
a. Microsoft Account or Skype account. You need a Microsoft account to access various Services. Microsoft accounts allow you to sign in to products, websites, and services provided by Microsoft and some Microsoft partners. To access Skype on a particular platform, you have the option of using a Skype account or a Microsoft account.
i. Account Creation. You can create a Microsoft account or Skype account by logging in online. You agree not to use false, inaccurate, or misleading information when registering for a Microsoft account or a Skype account. In certain cases, a third party, such as an Internet service provider, may have assigned you a Microsoft account. If you accept a Microsoft account from a third party, then such third party may have additional rights to your account, such as the ability to access or delete your Microsoft account. Read all the additional terms that third parties provide to you because Microsoft has no responsibility whatsoever in connection with those additional terms. If you create a Microsoft account on behalf of an entity, such as a business or a company, you represent that you have the legal authority to bind the entity in these Terms. You can not transfer a Microsoft account or Skype account to another user or entity. To protect your account, keep your account details and passwords secret. You are responsible for any activity that occurs on your Microsoft or Skype account.
ii. Account Usage. You must use a Microsoft account to remain active. This means you must log in at least once within the next five years for Microsoft accounts, and related Services, to remain active, unless otherwise stated in the offer for the paid portion of the Services. If you do not log in within that time period, we will assume your Microsoft account is inactive and close it. See section 4 (a) (iv) (2) for the consequences of a closed Microsoft account. You must sign in to Outlook.com and OneDrive inbox (separately) at least once a year, or we will close your Outlook.com and OneDrive inboxes. You must login to the Xbox Service (described in Section 13 (a) (i)) at least once in a five-year period to maintain the gamertag associated with your Microsoft account. If we have a compelling reason to suspect that your Microsoft account or Skype account is being used by a fraudulent third party (for example, as a result of a compromised account), Microsoft may suspend your account until you can reclaim the ownership. Based on the type of intrusion, we may have to disable access to some or all of your Content. If you have problems accessing your Microsoft account, please visit this website: http://go.microsoft.com/fwlink/?LinkId=238656. To manage your Skype account, you must "Sign in" at www.skype.com.
iii. Children and Account. By using the Services, you represent that you have reached the "adult" or "legally responsible" age applicable to your residence or have a parent or legal guardian's permission to be bound in the Terms. If you do not know whether you have reached adult age or are "legally responsible" in your place of residence, or do not understand this section, seek help from a parent or legal guardian before creating a Microsoft account or Skype account. If you are a parent or legal guardian of a minor who creates a Microsoft account or Skype account, you agree to these Terms on behalf of the minor and are responsible for all use of Microsoft accounts, Skype accounts, or Services, including purchases , either the underage account has been opened or created later.
iv. Closing Account.
1. You may cancel certain Services or close any Microsoft accounts or Skype accounts at any time and for any reason. To close your Microsoft account, visit http://go.microsoft.com/fwlink/p/?linkid=618278. When you request that we close your Microsoft account, we will redirect it to a suspended status for 60 days if you wish to cancel it. After that 60-day period, your Microsoft account will be closed. See section 4 (a) (iv) (2) below for a detailed explanation of what happens when your Microsoft account is closed. Re-entry within that 60-day period will reactivate your Microsoft account. To cancel your Skype account, submit a support request to http://go.microsoft.com/fwlink/p/?linkid=618280.
2. If your Service is canceled or your Microsoft account or Skype account is closed (either by you or by us), some things will happen. Firstly, your right to use the Service will terminate immediately and your license to use the software associated with the Services will terminate. Secondly, we will delete your Data or Content associated with your Microsoft account or Skype account or cancel your connection with you and your Microsoft account or Skype account (unless we are required by law to keep it). You must have a regular backup plan because Microsoft will not be able to retrieve your Content or Data after the account is closed. Thirdly, you may lose access to the material or product obtained.
b. Office or School Account. You can sign in to certain Microsoft services with your work or school email address. If you do, you agree that the owner of the domain associated with your email address can control and manage your account, and access and process your data, including your communications content and files. You further agree that your use of the service may be subject to agreement made by Microsoft with you or your organization, and this terms does not apply. If you use your work or school email address to access the Services covered by these Terms, you may be required to update the email address associated with your Microsoft account in order to continue accessing the Services.
c. Additional Equipment / Data Packages. To use the Services, you need an internet connection and / or data / mobile plan. You may also need additional equipment, such as a headset, camera, or microphone. You are responsible for providing all the connections, packages and / or equipment necessary to use the Service and to pay for the fees that the connection provider, parcels, and equipment provide. The fee is an additional fee other than the fee you pay for the Service and we will not reimburse you for that fee. Contact your provider to see if there are any charges that might apply to you.
d. Service Notice. If there is an important point about the Service being used and should be notified to you, we will send the Service notice to the email associated with your Microsoft account or, for Skype notice, your Skype account. If you provide us with a mobile phone number associated with your Microsoft account or Skype account, we may send you a Service notice via SMS (text message), including to verify your identity before registering your mobile number. Data rates or messages may apply when receiving notifications via SMS.
e. Support. Customer support for the Service is available at http://support.microsoft.com. The Service may not be compatible with any software or services provided by third parties, and you are responsible for understanding the compatibility requirements.
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Using Third Party Applications and Services
5. Using Third Party Applications and Services. The Service may be used to access or obtain third-party products, services, websites, links, content, materials, games, or apps (companies or parties other than Microsoft) ("Third Party Applications and Services"). Our Services will also help you find Third Party Applications and Services, and you understand that you are requesting the Service to provide Third Party Applications and Services. Such Third Party Applications and Services may also be used to store Your Content or Data with any publisher, provider, or carrier of Third Party Applications and Services. Third Party Applications and Services may provide a privacy policy or require you to agree to additional terms of use in order to install or use Apps or Third Party Services. See additional terms in section 13 (b) for applications obtained through the Exchange Office, Xbox Exchange, or Windows Exchange. You must read all additional terms and privacy policies before obtaining or using any of the Third Party Applications and Services. Any additional requirements do not alter these Terms. Microsoft does not license any intellectual property to you as part of any Third Party Applications and Services. You agree to assume all risks and liabilities arising out of use of such Applications and Third Party Services and that Microsoft is not responsible for any problems arising from their use. Microsoft is not responsible for information provided by third parties.
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Service Availability
6. Availability of Service.
a. Third Party Services, Applications and Services, or materials or products offered through the Service may not be available at any time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with a Microsoft account, you may need to regain the materials or apps that are available and you pay in the previous region. You agree not to access or use any unauthorized or unauthorized Content or Services for use in the country where you access or use such materials or Services, or hide or misrepresent your location or identity to access or use such materials or Services.
b. We endeavor to maintain the Service continuously, but all online services will be subject to interruptions occasionally, and Microsoft is not responsible for any resulting disruptions or losses. In the event of interruption, you may not be able to retrieve your Content or any Data stored. We recommend that you regularly backup your Content stored on the Service or stored using Third Party Applications and Services.
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Service or Software Update, and Changes to these Terms
7. Service or Software Update, and Changes to these Terms.
a. We may change these Terms at any time, and we will notify you when doing so. Using the Services after the entry into force of a change, you are agreeing to the new terms. If you do not agree to the new terms, you must terminate your use of the Service, close your Microsoft account and / or Skype account, and if you are a parent or guardian, help minors close their Microsoft account or Skype account.
b. You will sometimes require software updates to keep using the Service. We may automatically check your software version and download software updates or configuration changes. You may also be required to update the software to continue using the Services. These updates are subject to these Terms, unless other terms are provided with this update, in which case other such terms apply. Microsoft is not obliged to provide updates and does not guarantee that we will support versions of systems that your software licenses have. Updates like this may not be compatible with any third-party software or services provided. You can revoke permission to the next software update at any time by uninstalling the software.
c. Additionally, there may be times when we need to remove or change the features or functionality of the Service or terminate the provision of the Services or access to Third Party Applications and Services at once. Except to the extent required by applicable law, we have no obligation to provide re-download or substitute material, Digital Goods (described in section 13 (k)), or any apps previously purchased. We may release the Services or features in beta, which may not work properly or work the same as in the final version.
d. In order for you to use digital rights management (DRM) protected materials, such as music, games, movies, and more, the DRM software may automatically contact an online rights server and download and install DRM updates.
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Software License
8. Software License. Unless otherwise accompanied by a separate Microsoft License Agreement (for example, if you use a Microsoft application that is included and part of Windows, the Microsoft Software License Terms for Windows Operating System manage such software), and except as described in Section 13 (b) i) below for applications available through the Exchange Office, Windows Exchange, or Xbox Exchange, then all software that we provide to you as part of the Service is governed by these Terms.
a. If you comply with all of these Terms, we grant you the right to install and use one copy of the software per device in force throughout the world for use by one person at a time as part of your use of the Service. Software or websites that are part of the Service may include third party code. All third party scripts or codes, linked or referenced from the software or website, are licensed to you by third parties who own the code, not by Microsoft. Notice, if any, for such third party code will only be included as information.
b. The software is licensed, not sold, and Microsoft owns all rights to software not expressly granted by Microsoft, either through implication, estoppel or otherwise. This license does not grant you any rights, and you may not:
i. avoid or bypass any technological protection measures in or associated with the software or the Service;
ii. disassemble, decompile, hack, rip, exploit or reverse engineer any software or any aspect of the Service that is covered or accessible through the Service, except and only to the extent permitted under applicable copyright laws;
iii. separate software components or Services for use in various Services;
iv. publish, copy, rent, lease, sell, export, import, distribute, or lend software or the Services, unless Microsoft expressly authorizes you to do so;
v. transfer any software, software license, or any right to access or use the Service;
vi. use the Service in any manner that is unauthorized and may interfere with the use of the Services by others or gain access to any services, data, account or network;
vii. allow access to the Service or modify any authorized Microsoft device (for example, Xbox One, Xbox 360, Microsoft Surface, etc.) through an unauthorized third-party application.
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Payment Terms
9. Payment Terms. If you purchased the Service, then the terms of payment apply to your purchase and you approve it.
a. Cost. If there is a fee associated with a portion of the Services, you agree to pay such fees in the specified currency. The rates listed for the Service, excluding all applicable taxes and currency rate fixings, unless otherwise stated. All fees for Skype paid products include applicable taxes, unless otherwise indicated. You are solely responsible for the payment of taxes or any such fees. Taxes calculated based on your location at the time your Microsoft or Skype account is registered, unless local laws require different grounds for calculation. We may suspend or cancel the Service if we do not receive the full payment in due course from you. Suspension or cancellation of the Service in the absence of payment may result in loss of access to and your use of the account and its contents. Connecting to the Internet through a corporate network or other private network that protects your location may incur a different cost than what is shown for your actual location. Depending on your location, some transactions may require foreign currency conversion or are processed in another country. Your bank may charge an additional fee for the service when you use a debit or credit card. Please contact your bank for details.
b. Your Billing Account. To pay for the Service fee, you will be required to enter a payment method when applying to the Service. You may access and change your billing information and payment methods on the Microsoft account management website and for Skype billing accounts by logging in to your account at www.skype.com. In addition, you agree to permit Microsoft to use updated account information about your preferred payment method provided by the applicable issuing bank or payment network. You agree to immediately update your account and other information, including your email address and payment method details, in order for us to complete the transaction and contact you if necessary in connection with your transaction. Changes made to your billing account will not affect the charges we charge on your billing account before we can take reasonable action on your changes to your billing account.
c. Billing. By providing a payment method to Microsoft, you (i) state that you are authorized to use such a payment method, and that any payment information provided is true and accurate; (ii) authorize Microsoft to charge fees for the Services or the content available using the payment method you provide, and (iii) authorize Microsoft to charge fees for any paid feature of the Services that you choose to register or use during these Terms apply. We may charge your bills (a) in advance, (b) at the time of purchase; (c) immediately after purchase; or (d) on a regular basis for the Subscription Services. In addition, we will also charge you up to the amount you have agreed to, and we will notify you in advance of any changes in the amount to be charged for the regular Subscription Services. We may charge you at the same time for one or more previous billing periods that have not been processed.
d. Payment Routine. If you purchase a Subscription-based Service (for example, monthly, per 3 months, or yearly (as applicable)), you understand and agree that you allow routine payments, and payments will be made to Microsoft by the method you choose at repeated intervals that you have accept, until the Services subscription is terminated by either you or Microsoft. By allowing regular payments, you authorize Microsoft to process such payments as electronic debits or funds transfers, or as electronic drafts of your special account (if using Automated Clearing House or similar payments), or as billed to your special account (if using a credit card or similar payments) (collectively "Electronic Payments"). Subscription fees are usually billed or charged before the applicable subscription period. If any payment is unsuccessful or if any credit card or similar transaction is declined or not received, Microsoft or its service provider reserves the right to collect all applicable refund items, refusals or funding fees and to process such payments as Electronic Payments.
e. Auto Renewal. During the automatic renewal permitted under applicable law, you may choose to have the Services update automatically at the end of a fixed service period. We will remind you via email before renewing the Service for a new period, and notifying you of price changes in accordance with section 9 (k). After we remind you that you choose to automatically renew the Service, we may automatically renew your Service at the end of the current service period and charge you the current charge for the renewal term, unless you have chosen to cancel the Service as described below . We will also remind you that we will charge you via the payment method you have chosen for the renewal of the Service, whether the payment method has been recorded or provided later. We will also provide you with instructions on how to cancel the Service. You must cancel the Service before the renewal date so as not to be charged an extension fee.
f. Online Reports and Errors. Microsoft will provide online billing reports on the Microsoft account management website, and you can view and print those reports. For Skype accounts, you can access online reports by logging in to your account at www.skype.com. This is the only billing statement we provide. If we make a mistake on the bill, you must notify us within 90 days after the error first appeared on your bill. We will then immediately check the bill. If you do not notify us within that timeframe, you waive us from any obligations and claims for damages resulting from an error and we are not obliged to correct the errors or refund unless required by law. If Microsoft learns of a billing error, we will correct it within 90 days. This policy does not affect any applicable legal rights.
g. Refund Policy. Unless otherwise provided by law or by certain Service offerings, all purchases are final and non-refundable. If you believe that Microsoft incorrectly charged you, you should contact us within 90 days of the invoice date. Refunds will not be awarded for bills that have passed from 90 days, unless required by law. We reserve the right to issue reimbursement or credit at its sole discretion. If we issue a reimbursement or credit, we are under no obligation to issue a similar or similar refund in the future. This refund policy does not affect any applicable legal rights. For more refund information, please visit our help topic. If you live in Taiwan, please note that under the Consumer Protection Act of Taiwan as well as the relevant regulations, all purchases pertaining to the digital content provided
n through intangible and / or online services is final and non-refundable if such content or service is provided online. You are not eligible to claim any purchase pause or refund period.
h. Service Cancellation. You may cancel the Service at any time, with or without cause. To cancel the Service and request a refund, if you are eligible to apply, visit the Microsoft account management website. For Skype, fill out the Withdrawal Form using the information provided here. You should review the offer that describes the Services because (i) you may not be able to get a refund upon cancellation, (ii) You may have to pay a cancellation fee, (iii) You may have to pay all fees charged to the billing account for the Services before the cancellation date, or (iv) You may lose access and use to your account when you cancel the Service; or, if you live in Taiwan, (v) you may receive a refund of the same amount of unused fees you paid for the Service calculated at the time of cancellation. If you cancel, your access to the Service expires at the end of the current term of the Service, or if we periodically charge your account, then at the end of the cancellation period.
i. Offer Trial Period. If you receive any trial period bids, you must cancel the Trial Service at the end of the trial period to avoid being charged new fees unless we tell you otherwise. If you did not cancel the Trial Service at the end of the trial period, we will charge you for the Service.
j. Promotional Bids. Microsoft may at any time offer the Service for free during the trial period. Microsoft reserves the right to charge you for the Service (at normal rates) if Microsoft considers (at its reasonable discretion) that you are abusing the terms of the offer.
k. Price changes. We may change the price of the Service at any time and if you buy regularly, we will notify you by email at least 15 days before the price change. If you do not agree with this price change, you must cancel and terminate your use of the Service before any pricing changes take place. If there is a fixed period and fixed price offer on the Services, the price will remain in effect for that fixed period.
l. Payments To You. If we owe you a payment, then you agree to provide us with the information we need in a timely and accurate manner so we can pay you. You are responsible for any taxes and fees that may be charged to you because of this payment to you. You also have to agree to various other terms that we make for your right to get paid. If you receive payment by mistake, we may refund or request a refund. You agree to cooperate in our efforts to do this. We may also deduct payments to you without any notification by cutting any overpayments previously made.
m. Gift Cards. Exchange and use of gift cards (other than Skype gift cards) are subject to the Microsoft Gift Card Terms and Conditions. Information about Skype gift cards is available on the Skype Help page.
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Party in Contract, Choice of Law & Location of the Settlement of Dispute
10. Party In Contract, Choice of Law & Location of Dispute Settlement. For the use of the Skype Free Skype consumer service, you are bound by contract, and all "Microsoft" references in these Terms refer to, Skype Software S.à.rl, 23 - 29 Rives de Clausen, L-2165 Luxembourg, and for the use of Consumer Services paid for the Skype brand, you are bound by contract, and all references to "Microsoft" in these Terms refer to, Skype Communications S.à.rl, 23 - 29 Rives de Clausen, L-2165 Luxembourg. For Skype free or paid consumer services, the Luxembourg law shall govern the interpretation of these Terms and the claim of breach of contract, even though it is contrary to the principle of law. The local or provincial law in which you reside applies to all other claims (including claims under consumer protection laws, dishonest competition, and claims of default). If you agree to the Terms by creating a Skype account or using Skype, you and us provide an irrevocable consent to submit any dispute arising out of or related to these Terms or Skype consumer service to the exclusive jurisdiction and courts of Luxembourg. For all other Services, if you agree to these Terms by creating a Microsoft account or using another Service, the entity involved in the contract, applicable law, and location for resolving disputes will appear below:
a. Canada. If you live in (or if your company is headquartered in) Canada, then you are bound by contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. The provincial law in your residence (or your corporate headquarters) will govern the interpretation of these Terms, claims for violations, and all other claims (including consumer protection, dishonest competition, and claims of default), even against the principle of law . You and we give your irrevocable consent to submit any dispute arising out of or relating to these Terms or Services to the jurisdiction and place of law in Ontario.
b. North or South America outside of the United States and Canada. If you live in (or if your company is headquartered in) North and South America outside the United States and Canada, then you are bound by contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. The laws of the State of Washington shall govern the interpretation of these Terms and claims for their violations, even though they are contrary to the principle of law. The state law we direct to Your Services will govern all other claims (including consumer protection, dishonest competition, and default claims).
c. Middle East or Africa. If you live in (or if your company is headquartered in) the Middle East or Africa, and you use a free section of the Service (eg Bing and MSN), then you are bound by a contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA If you pay to use part of the Service, you are bound by contract with Microsoft Ireland Operations Limited, The Atrium Building, Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland. For free and paid Services, Irish legislation shall govern the interpretation of these Terms and the claim for its breach, even though it is contrary to the principle of law. The state law we direct to Your Services will govern all other claims (including consumer protection, dishonest competition, and default claims). You and we give non-withdrawal consent to submit any dispute arising out of or relating to these Terms or Services to the jurisdiction and jurisdiction of Ireland.
d. Asia or the South Pacific, unless your country is specifically mentioned below. If you live in (or if your company is headquartered in) Asia (except China, Japan, the Republic of Korea, or Taiwan) or the South Pacific, and you use the free part of the Service (eg Bing and MSN), you are bound by contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA If you pay to use any portion of the Service, or use the free Outlook.com service in Singapore or Hong Kong, you are contracted with Microsoft Regional Sales Corp., a company administered under the laws of Nevada, USA, with branch offices in Singapore and Hong Kong, headquartered at 438B Alexandra Road, # 04-09 / 12, Block B, Alexandra Technopark, Singapore, 119968. For Free and paid services, the laws of the State of Washington shall govern the interpretation of these Terms and claims for infringement, although contrary to the principle of law. The state law we direct to Your Services will govern all other claims (including consumer protection, dishonest competition, and default claims). Any dispute arising out of or in connection with this Terms or Service other than Skype, including any inquiries regarding its existence, its validity or termination, shall be referred and finally resolved by arbitration in Singapore pursuant to the Arbitration Rules of the Singapore International Arbitration Center (SIAC), of which the rules shall be deemed to have been included by reference in this clause. The arbitral tribunal shall consist of one arbitrator to be appointed by the SIAC Leader. The language used in arbitration is English. Arbitral decisions are final, binding, and indisputable, and they can be used as a basis for consideration in any country or region.
e. Japan. If you live in (or if your company is headquartered in) Japan, and you use a free section of the Service (eg Bing and MSN), then you are bound by contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you pay to use part of the Service, then you are bound by contract with Microsoft Japan Co., Ltd. (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. For free and paid Services, Japanese law provides for these Terms and any circumstances resulting from or relating to the Terms or Services. You and we give irrevocable consent to submit any dispute arising out of or relating to these Terms or Services to the exclusive original jurisdiction and place of the Tokyo District Court.
f. Republic of Korea. If you live in (or if your company is headquartered in) the Republic of Korea, and you use a free section of the Service (eg Bing and MSN), then you are bound by contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you pay to use part of the Service, you are bound by contract with Microsoft Korea, Inc., 11th Floor, Tower A, K-Twin Tower, Jongro 1 gil 50, Jongro-gu, Seoul, Republic of Korea, 110-150. For free and paid Services, the laws of the Republic of Korea govern these Terms and any circumstances resulting from or relating to the Terms or Services. You and we provide irrevocable consent to submit any dispute arising out of or relating to these Terms or Services to the exclusive original jurisdiction and the place of the Seoul Central District Court.
g. Taiwan. If you live in (or if your company is headquartered in) Taiwan, and you use free parts of the Service (eg Bing and MSN), then you are bound by contract with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you pay to use part of the Service, you are bound by contract with Microsoft Taiwan Corp., 8F, No. 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110. For Free and paid services, Taiwan laws govern these Terms and all matters resulting from or relating to the Terms or Services. For more details about Microsoft Taiwan Corp., visit the website provided by the Ministry of Economic Affairs R.O.C. You and we give non-withdrawal approval to appoint the Taipei District Court as a first instance court with jurisdiction for any dispute arising out of or relating to these Terms or Services, to the extent permitted by Taiwan law.
Your local consumer laws may require that certain local laws govern or grant you the right to resolve disputes in other forums, regardless of these Terms. If so, the choice of law and forum provisions in section 10 shall apply to the extent permitted by local consumer law.
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Warranty
11. Warranties.
a. MICROSOFT, AND AFFILIATES, REMINDERS, DISTRIBUTORS, AND VENDORS, DO NOT GIVE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, WARRANTY, OR CONDITIONS RELATED TO YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE THAT YOU ASSUME THE RISK OF USE OF THE SERVICE AND WE PROVIDE THE SERVICES "AS IS", "WITH ALL OF ITS LACK", AND "AS AVAILABLE". MICROSOFT DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE INFORMATION AVAILABILITY OF ANY SERVICE. YOU MAY HAVE CERTAIN RIGHTS BY YOUR LOCAL LAW. THERE IS NO ONE PART IN THESE REQUIREMENTS INTENDED TO INFLUENCE THE RIGHTS, IF IT IS. YOU UNDERSTAND THAT THE COMPUTER AND TELECOMMUNICATION SYSTEM IS NOT FREE OF ERRORS AND SERVICES MAY BE UNINSTECTABLE. WE DO NOT WARRANT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE LOSS OF CONTENT WILL NOT HAPPEN, OR WE DO NOT WARRANT THE CONNECTION OR TRANSMISSION OF ANY COMPUTER NETWORK.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, BUSINESS COUNTRY, AND NON-INFRINGEMENT.
c. For consumers living in Australia: Goods are provided with a guarantee that can not be excluded under the Australian Consumer Act. You are entitled to a replacement or refund for major failures and compensation for any reasonably reasonable loss or other loss. You are also entitled to a repair or replacement service if the goods do not meet acceptable quality and the failure is not equivalent to a large malfunction.
d. For consumers living in New Zealand, you may have certain legal rights under the New Zealand Consumer Warranty Act and no part of these Terms is intended to affect any such rights.
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Limitation of Liability
12. Limitation of Liability.
a. If you have grounds for damages (including violations of these Terms), to the extent permitted by applicable law, you agree that your exclusive remedy is to obtain direct reimbursements or losses, from Microsoft or its affiliates, resellers, distributors, Application providers and Third Party Services, and vendors, the maximum of which is equal to the Service fee per month when the violation occurs (or a maximum of USD $ 10.00 if the Service is free).
b. To the extent permitted by applicable law, you shall not be liable for any (i) consequential losses or losses; (ii) loss of actual profit or profit forecasts (either directly or indirectly); (iii) loss of actual income or estimated earnings (either direct or indirect); (iv) the loss of a contract or business or any loss or other damage arising from your use of the Service in a non-personal capacity; (v) any special, indirect, incidental, or consequential loss or damage; and (vi) to the fullest extent permitted by law, loss or loss exceeds the limit specified in Section 12 (a) above. These limits and exclusions apply if this replacement does not really compensate you for any loss or failure to provide its intended purpose, or if we know or should know about the possibility of such loss. To the extent permitted by law, such limitations and exclusions apply to all or any claims relating to the Terms, Services or software associated with the Service.
c. Microsoft is not responsible or liable for any failure or delay in the performance of its obligations under these Terms during such failure or delay due to circumstances beyond the reasonable control of Microsoft (for example, labor disputes, natural disasters, war or terrorist activities, malicious damage, accidents or non-compliance with all applicable laws or government orders). Microsoft will strive to minimize the impact of all such events and carry out its unaffected obligations.
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Service Specific Terms
13. Special Terms of Service. Terms before and after section 13 apply generally to all Services. This section contains the specific terms of service which are additional general terms.
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Games and Applications Xbox Live and Microsoft Studios
a. Games and Applications Xbox Live and Microsoft Studios.
i. Personal and Noncommercial Use. Xbox Live, Games for Windows Live, and games, apps, and Microsoft Studios provided by Microsoft (collectively "Xbox Service") for personal and noncommercial use only.
ii. Sharing Limited Account Information. As part of providing the Xbox Service, we provide information about your gamertag, gameplay, your published Content, and activity on and use of all Xbox Services for the operation and provision of (a) other Xbox Services and (b) third party games using Xbox Services. If you choose to link your Microsoft Xbox Service account with an account on a non-Microsoft service (for example, non-Microsoft game publisher for Apps and Third Party Services), you agree that: (a) Microsoft may share account information on a limited limitation, gamertag, gamerscore, game score, game history, and friend list), with such non-Microsoft party as set out in the Microsoft Privacy Statement, and (b) if allowed by your Xbox privacy settings, non-Microsoft party may also access the Content You are from game communications when you log in to your account with those non-Microsoft parties. Additionally, if permitted by your Xbox privacy settings, Microsoft may publish your name, gamertag, motto, avatar, and games in communications to people on your Xbox friends list.
iii. Your content. As part of the Xbox Service community development, you grant applicable worldwide worldwide rights to Microsoft, its affiliates and sublicensee to use, modify, reproduce, distribute and display your Content or any name, gamertag, motto or avatar you post to any Xbox Service.
iv. Game Manager. Certain games may use game managers and hosts. The game manager and host is not Microsoft's official spokesperson. Their opinions do not necessarily represent Microsoft's opinion.
v. Kids on Xbox. If you are not old enough and using Xbox Live, your parent or guardian may have control over various aspects of your account and may receive reports about your Xbox Live usage.
vi. Game Currency or Virtual Goods. Services may include virtual game currency (for example, gold, coins, or, points) that can be purchased from Microsoft using the actual money instrument if you have reached the "adult" age in your residence. The Services may also include virtual digital objects or items that can be purchased from Microsoft using the actual monetary instruments or with game currency. Game and virtual goods currency can not be redeemed with any actual monetary instruments, goods, or other valuable objects from Microsoft or any other party. In addition to a limited, personal, revocable, non-transferable, non-sublicensable license to use game currency and virtual goods only in the Service, you have no right or no rights to or against the game currency and virtual goods that appear or originate of the Service, or other attributes related to the use of the Services or those stored in the Service. Microsoft may at any time arrange, control, alter, and / or remove game money and / or virtual goods when deemed in accordance with its sole discretion.
vii. Software Update. For any device that can connect to the Xbox Service, we may automatically check the software version of your Xbox console or Xbox Application software and download software updates or configuration changes to your Xbox console or Xbox App, including updates that prevent you from accessing the Xbox Service, using an unauthorized Xbox game or Xbox app, or using an unauthorized hardware peripheral device with an Xbox console.
viii. Expires Gamertag. You must login to the Xbox Service at least once within five years, otherwise you may lose access to the gamertag associated with your account and the gamertag may become available for use by others.
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Exchange
b. Exchange. "Exchange" refers to the Service that lets you browse, download, purchase, rate and review apps (the terms "app" includes games) and other digital content. These requirements include the use of the Exchange Office, the Windows Exchange, and the Xbox Exchange. "Exchange Office" is an Exchange for Office products and apps for Office, SharePoint, Exchange, Access, and Project (version 2013 or later). "Windows Exchange" is an Exchange for Windows devices, such as mobile phones, PCs, and tablets, or other Windows-branded branded experiences. "Xbox Exchange" is Exchange for the Xbox ONE and Xbox 360 consoles, or other Xbox Exchange-branded experience.
i. License Terms. We will identify the publisher of each app available in the corresponding Exchange. Standard Application License Terms ("SALT") at the end of the Terms This is an agreement between you and the application publisher specifying the license terms applicable to your use of applications downloaded through the Windows Exchange or Xbox Exchange unless different licensing terms are provided with the application . Section 5 of these Terms applies to all Third Party Applications and Services obtained through the Exchange.
ii. Update. Microsoft will automatically check for and download updates for your app, even if you are not signed in to the corresponding Exchange. You can change Exchange or system settings if you do not want to receive automatic updates for Exchange apps. However, certain Exchange application apps that are fully or partially hosted online may be updated at any time by the app developer and may not require your permission to update.
iii. Ratings and Reviews. If you rate or review an app in the Exchange, you may receive an email from Microsoft containing content from the app publisher. The email is from Microsoft. We do not disclose your email address to publishers whose apps you download through the Exchange.
iv. Safety Warning. To avoid possible injury, discomfort, or tired eyes, you should rest periodically when using games or other apps, especially if you feel pain or tired from use. If you feel any discomfort, take a break. Discomfort may include feeling nauseous, intoxicated, dizzy, unfocused, headache, fatigue, tired eyes, or dry eyes. Use of the app may interfere with your concentration and hinder your surroundings. Avoid the dangers of falling, stairs, low ceilings, fragile items or valuable items that can be damaged. Some people may experience seizures when viewing visual imaging such as light or flashing patterns that may appear in the app. Even people who have never had a seizure before may have undiagnosed conditions that can cause seizures. Symptoms may include feelings such as fainting, blurred vision, seizures, limbs jerking or trembling, unfocused, confused, lost consciousness, or convulsions. Immediately discontinue use and consult your doctor if you have any of these symptoms, or consult your doctor before using the app if you have experienced seizure-related symptoms. Parents should monitor the signs of these symptoms in children while using the app.
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Microsoft Family
c. Microsoft Family Features. Parents and children can use the Microsoft Family feature to build trust through shared information about appropriate behaviors, websites, apps, games, physical locations, and expenditures in their family. Parents can create a Family by visiting https://account.microsoft.com/family (or by following instructions on a Windows device or Xbox console) and inviting other children or parents to join. There are many features for Family members, so read carefully the information provided when you agree to create or join the Family. By creating or joining a Family, you represent that you will use the Family as intended and will not use it in an unauthorized manner to gain access to other person's information in an unlawful manner.
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Group Messaging
d. Group Messaging. Microsoft services allow you to send messages to others via voice or SMS ("messaging"), and / or allow Microsoft and Microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf. IF YOU ASK FOR MICROSOFT AND ITS AFFILIATES ARE CONTROLLED MICROSOFT TO SEND A MESSAGE THAT TO YOU OR OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND ANY PERSON YOU ASK TO BE SENT MESSAGES AGREE TO RECEIVE A MESSAGE THAT AND TEXT MESSAGE ADMINISTRATIVE OTHER RELATED FROM MICROSOFT AND AFRICA CONTROLLED MICROSOFT. "Administrative text messages" are periodic transactional messages from certain Microsoft services, including but not limited to "welcome messages" or instructions on how to stop receiving messages. You or any member of your group who no longer wishes to receive such messages may elect to stop receiving further messages from Microsoft or a Microsoft-controlled affiliate at any time by following the instructions provided. If you no longer wish to receive such messages or participate in a group, you agree that you will elect to cease by the instructions provided by the applicable program or service. If you have reason to believe that a member of the group does not wish to receive the message or participate in the group, you agree to remove the member from the group. You also represent and warrant to us that you and everyone you request to send a message understand that each member of the group is responsible for the cost of each message charged by their carrier, including any international message charges that may be imposed when a message is sent from a based in the US.
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Skype and GroupMe
e. Skype and GroupMe.
i. No Access to Emergency Services. There is an important difference between a regular phone service and Skype. Skype is not required to grant access to the Emergency Services based on applicable local, and / or national laws, regulations or laws. Skype software and products are not intended to support or make emergency calls to other types of hospitals, law enforcement agencies, health care units or other types of services that connect users to emergency services staff or public safety assistance centers ("Emergency Services"). You understand and agree that: (i) You are responsible for purchasing wireless (mobile) or regular telephone services that provide access to Emergency Services, and (ii) Skype is not a substitute for your primary phone service.
ii. API or Broadcasting. If you want to use Skype connected to one of your broadcasts, you must adhere to "Broadcasting TOS" at http://www.skype.com/go/legal.broadcast. If you wish to use one of the application program interfaces ("APIs") displayed or provided by Skype, you must comply with applicable licensing terms and are available at www.skype.com/go/legal.
iii. Honest Use Policy. An honest usage policy may apply to your use of Skype. Read policies designed to protect against fraud and abuse and which may set limits for the type, duration, or volume of calls or messages you can use. These Policies are listed in these Terms based on references. The policy is located at http://www.skype.com/go/terms.fairusage/.
iv. Mapping. Skype features a feature that lets you send information to, or plot yourself on a map using, mapping service. By using such features, you are agreeing to these Terms and the Google Maps terms available at http://www.google.com/intl/en_ALL/help/terms_maps.html or those Google Maps terms available in your country.
v. Government Users. If you wish to use an Office account and / or Skype Manager on behalf of the US Government or any of the US Government agencies, these Terms do not apply to such use. For applicable terms and / or more information, contact usgovusers@skype.net.
vi. Personal / Noncommercial Use. The use of Skype is for personal and non-commercial use. You may use a private Skype account at work for your personal communications.
vii. Skype / Skype To Go number. If Skype gives you a Skype Number or Skype To Go number, you agree that you do not have the number or are entitled to keep the number forever. In certain countries, numbers may be provided to you by Skype partners, not by Skype, and you may have to agree to separate agreements with those partners.
viii. Skype manager. "Skype Manager Admin Account" is a Skype account created and maintained by you, acting as an individual administrator of the Skype Manager group and not as a business entity. A Private Skype account can be linked to a group of Skype Managers ("Linked Accounts"). You may designate additional administrators for the Skype Manager group and they must agree to these Terms. If you assign a Skype ID to an Linked Account, you are responsible for complying with all requirements related to where or where a Linked Account user is located. If you choose to remove the Linked Linked Link from the Skype Manager group, all subscribed subscriptions or Skype Credits or Skype Numbers will not be refundable and your Content or the material associated with that unauthorized Skype account will no longer be accessible to you. You agree to process all personal information of any Linked Accounts user in accordance with all applicable data protection laws.
ix. Skype fee. All fees for Skype paid products include applicable taxes, unless otherwise indicated. Charges to be paid for non-subscription phone calls include connection fees (charged per call) and per minute rates as listed at www.skype.com/go/allrates. Call costs will be deducted from Skype Credit balance. Skype may change its calling rates at any time without notice to you by posting such changes at www.skype.com/go/allrates. The new rate will apply to the next call after the new rate is published. Check out the latest rates before you make a call. The fraction of the call minutes and the fractional charge will be rounded to the next whole unit. In certain countries, Skype paid products are provided by Skype's local partners and the terms of use of partners will apply to those transactions.
x. Credit Skype. Skype does not guarantee that you will be able to use Skype Credit balance to purchase all Skype paid products. Unless you are located in Japan, if you do not use Skype Credits within 180 days, Skype will transfer your Skype Credits to an inactive state. Unless you live in Japan, you can re-enable Skype Credits by following the reactivation link at http://www.skype.com/go/store.reactivate.credit. You can enable Auto Recharge feature when you purchase Skype Credits by checking the appropriate boxes. If enabled, Skype Credit balance will be replenished with the same amount and payment method you choose each time your Skype account balance decreases below the threshold specified by Skype from time to time. If you purchase a subscription with a payment method other than a credit card, PayPal or Moneybookers (Skrill), and you have Auto-Recharge enabled, your Skype Credit balance will be refilled with the amount necessary to purchase your next regular subscription. You can disable Auto Backfill at any time by accessing and changing the settings in your Skype account.
xi. International Message Charge. GroupMe currently uses US-based numbers for each created group. Any text messages sent to or received from a GroupMe number will be counted as international text messages sent to or received from the United States. Please check with your carrier for relevant international rates.
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Bing and MSN
f. Bing and MSN.
i. Bing and MSN materials. Articles, texts, photos, maps, videos, video players and third-party materials available on Bing and MSN are for your noncommercial personal use only. Other uses, including the downloading, copying, or redistributing of such materials, are permitted only to the extent permitted by either Microsoft or the rights holder, or permitted under applicable copyright laws. Microsoft or other rights holder has all rights to material not expressly provided by Microsoft under the terms of the license, whether through implication, estoppel or otherwise.
ii. Bing Maps. You may not use Imaging imagery of the United States, Canada, Mexico, New Zealand, Australia or Japan for governmental affairs without our separate and written consent.
iii. Bing Places. When you provide your Data or Content to Bing Places, you grant Microsoft a worldwide royalty-free intellectual property license to use, reproduce, store, modify, collect, transmit, display or distribute as part of the Service, and sublicense to a third party.
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Cortana
g. Cortana. Cortana is a Microsoft Personal Assistant Service. Cortana provides information only for planning purposes and you should use your own best judgment when reviewing and relying on this information. Microsoft does not guarantee the accuracy, completeness, reliability, availability or timeliness of conclusions or personal experiences that Cortana provides. Microsoft is not responsible if Cortana's communication management features delay or prevent you from viewing or sending communications.
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Outlook.com
h. Outlook.com. Outlook.com email addresses (or @msn, @hotmail, or @live) you use to create a Microsoft account will be specific to you as long as your Outlook.com inbox or Microsoft account is active. If your Outlook.com inbox or Microsoft account is closed by you or Microsoft under these Terms, your email address or username may be recycled in our system and assigned to other users.
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Office-based services
i. Office-based services. Consumer-based Office services, apps or products (including Sway and OneNote) are for personal and non-commercial use unless you have commercial rights under a separate agreement with Microsoft.
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Microsoft Health Services
j. Microsoft Health Services.
i. HealthVault. HealthVault is intended for you to store information related to your personal health and information about other people (eg families) for their permission. The HealthVault account is not for use by health care providers or for other commercial or non-personal purposes. The information in your account may not always be accurate or current and should only be seen by any health care provider for information. The HealthVault service does not store records for health care providers or medical or other case management needs. For example, the HealthVault record is not a specific data set as set by US rules. If the healthcare provider decides to include all available recordings of HealthVault in its recordings, the provider must keep a copy on its own system. If you have a co-owner of the recording in your account (due to invited by one of the owners), you understand that the co-owner owns full control over the recording and may revoke your access to the recording, manage other people's access to the recording, and view recordings, including how and when recording is used. Microsoft does not support non-Microsoft credentials (such as Facebook and OpenID), so HealthVault customer support will not be able to help sign in issues for those credentials. If you lose sign-in credentials, or if the account used to get the credentials is closed, you will not be able to recover your saved data. In order for access to remain active, we recommend using more than one login credentials with your HealthVault account. Microsoft does not provide support or control, and is not responsible for, operation, support, or security of any non-Microsoft credentials you may use.
ii. Microsoft Health and Microsoft Band. Microsoft Health and Microsoft Band are not medical devices and are only meant for fitness and health purposes. It is not designed or intended to be used in the diagnosis of illness or other conditions, or in the treatment, mitigation, treatment, or prevention of disease. Before starting or modifying an activity or sleep program using Microsoft Health, consult your doctor. Microsoft is not responsible for any decisions you make based on information you receive from Microsoft.
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Digital Goods
k. Digital Goods. Through Microsoft Groove, Microsoft Movies & TV, Exchange, and other related services and services in the future, Microsoft may enable you to acquire, listen, watch, play or read (depending on the conditions) music, pictures, videos, text, games, or other materials ("Digital Items") that you may get in digital format. Digital Goods are for use only as your personal and non-commercial entertainment. You agree not to redistribute, broadcast, publicly perform or display, or transfer copies of any Digital Goods. Digital Goods may be owned by Microsoft or a third party. However, under all circumstances, you acknowledge and understand that your rights in relation to Digital Goods are limited by these Terms, copyright laws and the usage rules contained at http://go.microsoft.com/fwlink/p/?LinkId = 723143. You agree that you will not attempt to modify the Digital Goods obtained through any of the Services for any reason, including for the purpose of disguising or altering the ownership or source of Digital Goods. Microsoft and the owner of Digital Goods may, at any time, remove Digital Goods from the Service without notice.
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OneDrive
l. OneDrive.
i. Storage Allocation. If the amount of your content stored on your OneDrive account exceeds the limit provided to you under the terms of your free or paid subscription service for OneDrive and you do not respond to notices from Microsoft to repair your account by removing the excess content or transferring it to a new subscription package with more storage much, we reserve the right to close your account and remove or disable access to your Account on OneDrive.
ii. Service Performance. Depending on factors such as your equipment, Internet connection, and Microsoft's efforts to maintain the performance and integrity of its services, you may occasionally experience delays while uploading or syncing content in OneDrive.
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Etc
14. Others. This section and sections 1, 9 (for the amounts incurred before the expiration of this agreement), 10, 11, 12, 15, and the parts which are subject to their terms and conditions shall survive any termination or denunciation of these Terms. To the extent permitted under applicable law, we may transfer these Terms, subcontract our obligations under these Terms, or sublicense our rights under these Terms, in whole or in part, at any time without prior notice to you. You may not transfer these Terms or transfer any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. This Agreement supersedes any prior Agreement between you and Microsoft regarding your use of the Services. By accepting these Terms, you do not rely on any information, representations, warranties, understandings, practices, promises or warranties other than expressly set forth in these Terms. All parts of these Terms are applicable to the extent permitted by applicable law. If a court or arbitrator decides that we can not apply any portion of these Terms in writing, we may substitute such terms with the same conditions as may be applicable under applicable law, but other parts of the Terms shall remain unchanged. These Terms are solely for your benefit and us. This requirement is not for the benefit of others, except for successors and designated parties of Microsoft. The section title is for reference only and has no legal effect.
15. Claim must be submitted within one year. Any claim relating to these Terms or the Service must be brought to court (or arbitration if section 10 (d) is applicable) within a period of one year from the date of claim can be filed first, unless local law requires a longer time to file claim. If a claim is not filed within that time, the claim will be banned permanently.
16. Export Law. You must comply with all applicable domestic and international laws for the Software and / or Services, which include restrictions on destination, end users, and end use. For more information about geographic and export restrictions, visit https://go.microsoft.com/fwlink/?linkid=868968 and http://www.microsoft.com/exporting.
17. Unsolicited Ideas. Microsoft does not consider or accept unsolicited proposals or ideas, including but not limited to ideas for products, technologies, promotions, product names, product responses, and new product developments ("Unsolicited Responses"). If you send an Unsolicited Response to Microsoft through the Services or otherwise, you understand and agree that Microsoft has no obligation to keep confidential in relation to the Unsolicited Feedback.
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NOTICE
Notices and procedures for filing intellectual property infringement claims. Microsoft respects third-party intellectual property rights. If you would like to send notices of infringement of intellectual property rights, including claims of copyright infringement, please use our procedures to submit a Breach Notice. ALL QUESTIONS NOT RELATING TO THIS PROCEDURE WILL NOT BE RESPONDENTED.
Microsoft uses the process described in Chapter 17, United States Code, Section 512, to respond to notices of copyright infringement. Under certain circumstances, Microsoft may also disable or terminate the accounts of Microsoft service users who may commit recurring violations.
Notices and procedures on intellectual property issues in advertising. Read our Intellectual Property Guidelines on intellectual property issues in our ad network.
Copyright notices and trademarks. Service is copyright © 2016 Microsoft Corporation and / or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. Microsoft, along with any name, logo, all Microsoft product icons, software, and services may be trademarks or registered trademarks of Microsoft in the United States and / or other countries. Actual company and product names may be trademarks of their respective owners. All rights not expressly granted in the Terms are retained. Some software used in certain Microsoft website servers is based on part of the task of Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. The "gnuplot" software used on certain Microsoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
Medical notification. Microsoft does not offer advice, diagnosis, or medical care or other health care. Always seek advice from a qualified physician or health care provider if you have any questions about your medical condition, diet, fitness or fitness program. Do not ignore the advice of a medical professional or delay its search due to information you access on or through the Service.
Stock prices and index data (including index value). © 2013 Morningstar, Inc. All rights reserved. The information contained herein: (1) is owned by Morningstar and / or its content providers; (2) may not be copied or distributed; and (3) are not guaranteed to be accurate, complete or current. Morningstar or its content provider is not responsible for any loss or loss arising from the use of this information. Previous performance does not guarantee future results.
You may not use Dow Jones IndexesSM, index data, or Dow Jones marking in connection with the issuance, creation, sponsorship, trading, marketing or promotion of financial instruments or investment products (for example, derivatives, structured products, investment funds, traded funds on the stock exchange, investment portfolio, etc., ie price, profit, and / or performance of investment instruments or products based on, relating to, or intended to track any Index or proxy for any Index) without a separate written agreement with Dow Jones .
Financial notices. Microsoft is not a registered broker / dealer or investment advisor based under United States federal stock law or other jurisdictional stock laws and does not advise anyone on the worth of the investment, purchase or sale of any shares or other financial products or services. No part of the Service shall constitute an offer or solicitation to buy or sell any securities. Neither Microsoft nor its licensors share price or index data that encourages or recommends certain financial products or services. Nothing within the Service is intended to be professional advice, including but not limited to investment advice or tax.
Notice of H.264 / AVC, Visual MPEG-4, and Video Standard VC-1. Software may include H.264 / AVC, Visual MPEG-4, and / or VC-1 codec technologies that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this statement:
THIS PRODUCT IS DYNICALLY BASED ON THE LICENSE OF H.264 / AVC, VISUAL MPEG-4, AND VC-1 PATENTS FOR A PERSONAL AND NON-COMMERCIAL USE OF THE CONSUMER IN (A) MODES THE VIDEO ACCORDING TO THE STANDARD ("VIDEO STANDARD") AND / OR (B) DECODING THE VIDEO H.264 / AVC, VISUAL MPEG-4, AND VC-1 MADE FROM A CONSUMER RELATING TO A PERSONAL AND NON-COMMERCIAL ACTIVITY AND / OR OWNED FROM A VIDEO PROVIDER WHO IS LICENSED TO PROVIDE SUCH VIDEO. LICENSE IS NOT PROVIDED FOR OTHER PRODUCTS, EVEN IF THE PRODUCT IS PROVIDED TOGETHER WITH THE SOFTWARE IN ONE ARTICLE. NO LICENSE IS PROVIDED OR IMPLIED EXPRESSLY FOR ANY OTHER USE. OTHER INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. VISIT THE MPEG LA WEB SITE.
For purposes of mere clarification, this notice does not restrict or prohibit the use of the software provided in these Terms for internal and ordinary business use which does not cover (i) the dissemination of the software to third parties, or (ii) the manufacture of materials compatible with technology VIDEO STANDARD for dissemination to third parties.
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STANDARD APPLICATION LICENSE REQUIREMENTS
STANDARD APPLICATION LICENSE REQUIREMENTS
WINDOWS AND XBOX EXCHANGE
This license requirement is an agreement between you and the app publisher. Read the terms. This requirement applies to software applications downloaded from the Windows Exchange or Xbox Exchange, including any updates or additions to the application, unless the application is accompanied by a separate requirement, such terms shall apply.
BY DOWNLOADING OR USE THIS APPLICATION, OR TRY TO DO ANY OF THE ACTION, YOU AGREE TO THE TERMS. IF YOU DO NOT ACKNOWLEDGE, THEN YOU ARE NOT RESPONSIBLE TO AND DOWNLOADLY DOWNLOAD OR USE THIS APPLICATION.
The app publisher is the entity that licenses the app to you, as explained in the Windows Exchange or Xbox Exchange.
If you comply with the terms of this license, you have the rights as set forth below.
1. INSTALLATION AND USE RIGHTS; PLEASE. For apps you download from the Windows Exchange: (a) You may install and use applications on Windows devices or devices affiliated with the Microsoft account that you use to access the Windows Exchange; and (b) the device limit for apps is displayed on the Exchange or, for certain apps downloaded on the Xbox console, in our Usage Rules. For apps downloaded from the Xbox Exchange, you may install and use apps in the Xbox console as described in our Usage Rules. Microsoft reserves the right to change the Terms of Use at any time.
2. INTERNET-BASED SERVICES.
a. Permission for Internet or wireless based services. If the app is connected to a computer system over the Internet, which may be covered through the wireless network, your use of the app serves to permit the transmission of standard device information (including but not limited to technical information about devices, system and app software, and peripherals) Internet or wireless. If there are other terms relating to the use of services accessed using the app, these terms also apply.
b. Misuse of Internet-based services. You may not use Internet-based services in any way that may compromise such services nor interfere with other users' use of the service or wireless network. You may not use the Service in an attempt to gain unauthorized access to any service, data, account or network in any way.
3. LICENSE COVERAGE. This app is licensed, not sold. This agreement only grants you some rights to use the app. If Microsoft disables the ability to use the app on the device as per your agreement with Microsoft, any associated license rights will be terminated. The app publisher has all other rights. Except where applicable law grants you more rights despite these restrictions, you may only use applications as expressly permitted in this agreement. Thus, you must comply with all technical restrictions in the app that only allow you to use it in a certain way. You may not:
a. Outsmart technical restrictions on apps.
b. Reverse engineer, decompile, or disassemble applications, except and only to the extent expressly permitted by applicable law, regardless of these limits.
c. Make copies of apps more than the amount specified in this agreement or as permitted by applicable law, regardless of these limits.
d. Publish or provide the app in any way for others to copy.
e. Renting, leasing, or lending applications.
f. Switch the app or this agreement to a third party.
4. DOCUMENTATION. If documentation is provided with the application, you may copy and use this documentation for personal reference purposes.
5. LIMITATION OF TECHNOLOGY AND EXPORT. This application is subject to export laws or international technology control regulations or the United States of America. You must comply with all applicable domestic and international laws and regulations on the technology used or supported by this application. This law covers the boundaries of destination, end users, and end use. For information about Microsoft brand products, visit the Microsoft export website.
6. SUPPORT SERVICES. Please contact the app publisher to see which support services are available. Microsoft, hardware manufacturers, and wireless carriers (unless one of them is an app publisher) is not responsible for providing support services for the app.
7. AGGREGATE AGREEMENT. This Agreement, any applicable privacy policies, any additional terms that accompany the application, as well as the requirements for supplements and updates are a comprehensive license agreement between you and the application publisher for the application.
8. APPLICABLE LAW.
a. The United States and Canada. If you obtain an application in the United States or Canada, your state or province laws of residence (or your corporate headquarters) will govern the interpretation of this agreement and apply to a claim for its breach, and all other claims (including consumer protection, honest, and claims of default), even though it is against the principle of law.
b. Outside the United States and Canada. If you obtain an application in another country, then the applicable country law.
9. LEGAL SECURITIES. This Agreement outlines certain legal rights. You may have other rights under the laws of your state or country. This Agreement does not alter your rights under the laws of your state or country if the laws of your state or country do not permit to do so.
10. DISCLAIMER OF LIABILITY FOR WARRANTY. This app is licensed "as is", "with all its drawbacks", and "as available". You bear all the risks of its use. The application publisher, on its own behalf, Microsoft (if Microsoft is not the application publisher), the wireless carrier whose network is used to provide the app, and any related affiliates, vendors, agents and suppliers ("Engaged Party"), provide no warranty, warranty or explicit provisions in connection with the application. You assume all risks of quality, safety, comfort and performance of the application. If the application is found to be defective, you bear all necessary service or repair costs. You may have other consumer rights under local laws that can not be changed by this agreement. To the extent permitted under local law, the Engaged Party excludes any implied warranties or conditions, including eligibility for trade, fitness for a particular purpose, safety, convenience and non-infringement.
11. LIMITATION AND EXEMPTION OF LOSS AND DAMAGE. To the maximum extent permitted by law, if you have grounds for compensation, you may obtain reimbursement from the app issuer only for the maximum direct loss of the amount paid for the application or USD $ 1.00, whichever is greater. You shall not, and waive any right to, request reimbursement for any other damages, including consequential losses, lost profits, special, indirect, or incidental losses of the app publisher. If local laws provide warranties, warranties, or conditions even if these terms do not, the time period is limited to 90 days after you downloaded the app.
This limit applies to:
Anything related to application services available through the app; and
Claims for breach of contract, guarantee, guarantee or condition; absolute liability, negligence or other default; violation of laws or regulations; dishonest enrichment; or on any other theory; to the extent permitted by applicable law.
This limitation also applies though:
This solution does not entirely compensate you for any loss; or
The app publisher already knows or should have known about the possibility of such loss.
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Senin, 02 April 2018
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