Posted: September 2012
Effective: October 2012
Thank you for choosing Microsoft! This is an agreement between you and Microsoft Corporation (or based on where you live one of its affiliates) that describes your rights to use the software and services identified in Section 1.1 below. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement, including any linked terms, because all of the terms are important and together create this contract that applies to you.
Please note we do not provide warranties for the Service. This contract also limits our liability. These terms are in Sections 7 and 8. We ask that you read them carefully.
1. Scope of Agreement, Acceptance, and Changes
1.1. What services are covered by this Agreement? This Agreement applies to your use of the Xbox Services, including Xbox LIVE, Zune, Games for Windows-LIVE, Xbox Music, and Windows Phone Store/Marketplace (including any store provided under the brand of a Windows Phone partner that links to this Agreement) including services or software that allow you to stream, download, view or use certain digital content, such as music, video, games, applications and other content that Microsoft makes available from time to time (the “Services”). The Services may be accessed from the Xbox 360 console, a personal computer, a Windows Phone device, portable media player, other devices authorized by Microsoft (each an “Authorized Device”), or online.
1.2. Are there additional terms for using the Services? Our goal is to create a safer and more secure environment so when using the Services, users must abide by these terms, the Xbox LIVE usage rules (http://www.xbox.com/usagerules), the Microsoft Anti-Spam Policy (http://go.microsoft.com/fwlink/?LinkId=117951) and the Code of Conduct (http://www.xbox.com/legal/codeofconduct), which are included in this Agreement by reference (the “Agreement”).
1.3. Are there any third party terms for using the Services or content accessed through the Services? Certain third party games, applications, content, online services, advertising, or events (for example, sweepstakes and tournaments) that are available in or through the Services (“Third Party Features”) may provide separate agreements, privacy policies and other terms that govern your use of those Third-Party Features (collectively “Additional Terms”).
For games and applications available in the Windows Phone Store/Marketplace, we will identify the provider of each application in the Windows Phone Store/Marketplace. The Standard Application License Terms at the end of this Agreement are the Additional Terms that apply to your use of those applications unless an application provides you with separate Additional Terms that apply.
Microsoft is not a party to any Additional Terms (expect where Microsoft is the provider of an application in the Windows Phone Store/Marketplace) and Microsoft does not license any intellectual property to you as part of any Third Party Features made available through the Services and we are not responsible, unless otherwise required by law, for:
• the Third Party Features;
• your use of the Third Party Features;
• the content of the Third Party Features;
• customer support for the Third Party Features; or
• any warranties or claims relating to the Third Party Features.
This Agreement and privacy statements referenced in this Agreement do not apply to Third Party Features and the Additional Terms governing such features do not modify any terms of this Agreement in any way.
1.4. How do I accept this Agreement? By using or accessing the Services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this Agreement without modification by you. If you do not agree, you may not use the Services.
1.6. Can Microsoft change these terms after I have accepted them? Yes. From time to time, Microsoft may change or amend these terms. If we do, we’ll indicate the date on which these terms were last updated at the top of the most current version of the terms. Your use of the Services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the Services and cancel any paid Services by following the instructions in Section 5.10 below. Otherwise, the new terms will apply to you.
1.7. Can Microsoft change the Services or my use of it? We may change the Services at any time, for any reason or no reason, and we may also cancel or suspend your ability to access the Services if you’re in breach of this agreement. If we cancel your Services account or your credentials, your right to use the Services stop immediately, but you’re still required to pay all charges already incurred through that account.
1.8. What types of changes can I expect to the Services? We continuously work to improve the Services and may change the Services at any time. Additionally, there are reasons why Microsoft may stop providing portions of the Services, including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the Services or its features in beta version, which may not work correctly or in the way the final version may work. We may, among other things: (i) restrict or limit access to the Services; (ii) retrieve information from the Authorized Device and any connected peripheral device used to log onto the Services as necessary to operate and protect the security of the Services, and to enforce this Agreement; and (iii) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Services, or any hardware or software associated with the Services or with an Authorized Device, from time to time without notice. We may do so by the automatic download of related software directly to your Authorized Device, including software that prevents you from accessing the Services, playing pirated games, or using unauthorized hardware peripheral devices.
1.9. What type of support do you offer for the Services? We do not offer customer support for the Services unless provided otherwise in this contract or the materials we publish in connection with a particular component of the Services. For more information on customer support, please go to http://www.xbox.com/support or http://www.windowsphone.com.
1.10. How can I use the Services? You agree that the Services are only for your personal use, and you will not use the Services, any content available on the Services, or your account, for any commercial purpose. You may only access the Services with an Authorized Device or by logging into your account online. You may be unable to use the Services outside the country associated with your account (“Territory”). You may not sell, assign, or otherwise transfer your account to another person. You must keep your accounts and passwords confidential and not authorize any third party to access or use the Services on your behalf unless we provide an approved mechanism for that. You must contact Customer Support immediately if you suspect misuse of your accounts or any security breach in the Services.
Any software or content (e.g., text, images, video, graphics, music, sound, or games) (for purposes of this section, we refer to all of these, as applicable, as “Software”) that Microsoft provides as part of the Services are licensed and not sold and is licensed according to the terms of this Agreement unless separate license terms are provided or referenced. We may also automatically download upgrades to the Software to your Authorized Device to update, enhance, and further develop the Services. We reserve all other rights not expressly granted in this contract. The Software license ends when your Services end unless we notify you otherwise. You must then uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.
Microsoft products and services are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the products and services. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting.
If you use the Software to access content that has been protected with Microsoft Digital Rights Management (DRM), the Software may automatically request media usage rights from an online rights server and download and install DRM updates in order to let you play the content. See the DRM information in the Microsoft Silverlight Privacy Statement (http://go.microsoft.com/fwlink/?LinkId=178857) for more information.
1.11. How can associated accounts be used? For some parts of the Services, you may be able to set up additional accounts that are dependent on your account (“associated accounts”). You are responsible for all activity that takes place with your Services account and any associated accounts. We may limit who may use your Services account or any associated accounts or the number of devices from which you may access the Services.
If you allow or enable a minor to use an associated account, then:
• You represent that you are the parent or legal guardian of such minor;
• You acknowledge that some features of the Services, and some content available through the Services, may contain or expose users to material that is unsuitable for minors. You agree to supervise usage by minors whom you permit or enable to use the Services. The Services are not intended for use by children under 13 without adult supervision;
• You acknowledge that we offer “Parental Controls” to help you restrict purchases and limit access to material that may be unsuitable for minors. For example, we offer “Family Settings” on the Xbox 360 console and for some components of the Services. You may view or revise your Parental Controls by logging into your account on http://www.xbox.com. Additional information about Parental Controls is available at http://www.xbox.com/support; and
• You are responsible for any material that a user of your Service account accesses or is denied access to (including as a result of your use or non-use of Parental Controls). You acknowledge that use of Parental Controls is not a substitute for your personal supervision of minors that use your Service account.
• If you use an associated account, you acknowledge that the holder of the Service account has full control over your associated account. This control includes the right to: (i) end the Services; (ii) close or alter your associated account at any time; (iii) access and modify Parental Controls for your associated account; and (iv) receive notices from us. In some cases, this control also includes the control of purchasing options from your associated account and the ability to request and receive device and Services usage information related to your associated account. We collect profile, usage and activity data related to your associated account and deliver it to the Service account holder. If you are an associated account user, this contract applies to your use of the Services, except for the following Sections: 1.11 (excluding this paragraph); 5 (Payment); and Section 4.7 (Notices to Parties).
1.12. Are there things I can’t do on the Services? You must not use the Services to harm others or the Services. For example, you must not:
• use the Services to harm, threaten, or harass another person, organization, or Microsoft;
• damage, disable, overburden, or impair the Services (or any network or Authorized Device connected to the Services);
• resell or redistribute any part of the Services or access to the Services, including the sale or purchase of an account and/or Microsoft Points;
• use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
• use any automated process or service (such as a bot, a spider, periodic caching of information stored by Microsoft, or metasearching) to access or use the Services, or to copy or scrape data from the Services;
• obtain (or try to obtain) any data from the Services or related hardware, except the data that we intend to make available to you; or
• use the Services or related hardware to design, develop, or update unauthorized software.
You can’t use unauthorized software and hardware to access the Services, nor can you modify an Authorized Device in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the express purpose of detecting an unauthorized modification.
You must not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Services, any game, application, or other content available or accessible through the Services, or any hardware associated with the Services or with an Authorized Device. If you do so, we may cancel your account and your ability to access the Services, and pursue other legal remedies. We may take any legal action we deem appropriate against users who violate our systems or network security, this contract or any additional terms incorporated or referenced in this contract. Such users may also incur criminal or civil liability.
2.1. Who owns the content that I put on the Services? We do not claim ownership of the content you provide on the Services. Your content remains your content. We do not control, verify, or endorse the content that you and others make available on the Services.
2.2. Who can access my content? You control who may access your content. If you share content in public areas of the Services or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Services, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the Services and other products and services made available by Microsoft. If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Services to share your content.
2.3. What does Microsoft do with my content? You understand that Microsoft may need, and you hereby grant to Microsoft and its affiliates, resellers, distributors, service providers, partners, and/or suppliers the right, to use, modify, adapt, reproduce, distribute, publish and display content posted on the Services. These include your name, gamertag, motto, avatar, or other information you supply in connection with the content. These rights apply solely to the extent necessary to provide the Services.
2.4. What type of content is not permitted or restricted? Content that violates this Agreement (which includes the Microsoft Anti-Spam Policy and the Code of Conduct) or your local law is not permitted on the Services. Microsoft reserves the right to review content for the purpose of enforcing this Agreement. Microsoft may block or otherwise prevent delivery of any type of email, instant message, or other communication to or from the Services as part of our effort to protect the Services or our customers, or otherwise enforce the terms of this Agreement. You must respect the rights of artists, authors, inventors and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the Services in a way that infringes others' copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching this contract (and violating other rights and possibly the law). You represent and warrant that you have all the rights necessary for you to grant the rights in this Section and that the use of the content does not violate any law. We will not pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the Services at any time and for any reason, including if: (i) you breach this contract; (ii) the content exceeds limits on storage or file size; (iii) the content is provided in an attempt to manipulate ratings or rankings for any application in the Windows Phone Store /Marketplace; or (iv) we cancel or suspend the Services.
2.5. What limitations apply to my access and use of Microsoft and third party content? We may disable access to Microsoft and third party content associated with your account for any reason. We may also remove or disable copies of applications on your Authorized Device in order to protect the Services, application providers, network operators or any other affected or potentially affected parties. Some content and applications, available on the Services may be unavailable from time to time or may only be offered for a limited time due to contractual or other limitations, such as the Territory of your Account. As such, you may not be able to re-download content or applications or re-stream certain content that you have purchased, for example, if you change your account to another Territory you may need to re-purchase content or applications that were available to you and paid for in your previous Territory. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application previously purchased. If we receive information from the content owners indicating the date their content will be unavailable, we will try to share this information with you.
2.6. Who is responsible for the data and content? You are responsible for backing up the data and content that you store on the Services. We may permanently delete your data from our servers if the Services are suspended or canceled. We do not have any obligation to return data to you after the Services are suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.
Your privacy is important to us. We collect certain information about you to operate and provide the Services. We may also automatically upload information about your computer, your use of the Services, and Services performance as part of the Services. We use and protect that information as described in the Privacy Statement available at http://go.microsoft.com/fwlink/?LinkID=259655 and the Windows Phone Privacy Statement available at http://go.microsoft.com/fwlink/?LinkID=247437, and their successors. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the Services; and (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public.
We may use technology or other means to protect the Services, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may interfere with your use of the Services and hinder or interrupt your use of the Services. We reserve the right to enforce and verify compliance with any part of this contract. This includes Microsoft's right to cooperate with any legal process relating to your use of the Services, and a third party claim that your use of the Services is unlawful or infringes such third party's rights.
Personal information collected by Microsoft may be stored and processed in the United States or any other country or region in which Microsoft or its affiliates, subsidiaries, or service providers maintain facilities. You consent to any such transfer of information outside of your country or region. Microsoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union, European Economic Area and Switzerland.
We may collect certain information about the Services’ performance, your Authorized Device, and your use of the Services and Authorized Device to provide you the Services and improve the Services and Authorized Devices. We may automatically upload this information from your Authorized Device. Such data may include Xbox console hardware and operating performance data, unique identifiers on game discs, network performance data, and Services quality data. If you use the Xbox console with Kinect, we may also collect data about the way in which you interact with the console and the Services to improve Microsoft products and services. Any software or hardware errors which occur while you are connected to the Services or are offline may be uploaded and reported. All such data may be stored with the Xbox console's unique identifier, and may be associated with other personally identifiable information. You may read about this data collection in more detail in the Privacy Statement at http://go.microsoft.com/fwlink/?LinkID=259655.
4. General Legal Terms
4.1. Interpreting the Contract. All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract won’t change. This is the entire contract between you and us regarding your use of the Services. It supersedes any prior contract or oral or written statements regarding your use of the Services. The Section titles in this contract do not limit the other terms of this contract. If you are accessing the Services within Germany, the Agreement located at http://www.xbox.com/de-DE/legal/LiveTOU applies instead of this contract.
4.2. Assignment and Transfer. We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the Services.
4.3. No Third Party Beneficiaries; Microsoft Affiliates. This contract is solely for your and our benefit, except for certain Sections of this contract which are for the benefit of Microsoft’s affiliates and owners of content available through the Services. As a result, Microsoft’s affiliates and owners of content available through the Services are entitled to enforce this contract. Except as stated above, this contract does not create any enforceable rights by anyone other than you and Microsoft and permitted successors.
4.4. No Waiver. We enforce this contract, the Code of Conduct and other user content and conduct rules set forth in this contract, and exercise our rights and remedies at our sole discretion. If we fail to enforce such rules, rights, or remedies in some instances it is not a waiver of our right to do so in other instances. These rules do not create any private right of action for you or any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4.5. Notices to Parties. You may notify us as stated in customer support for the Services. We do not accept e-mail notices. This contract is in electronic form. We may send you information about the Services, additional information, and information the law requires us to provide in electronic form. We may provide required information to you: (i) by e-mail at the address you specified when you signed up for the Services; (ii) by access to a Microsoft web site we identify; or (iii) by access to a pre-designated Microsoft web site. Notices e-mailed to you will be deemed given and received when the e-mail is sent. As long as you can access and use the Services, you will be able to receive such notices. If you do not consent to receive any notices electronically, you must stop using the Services.
5.1. Charges. If there is a charge associated with a portion of the Services or content delivered through the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancelation of the Services for nonpayment could result in a loss of access to and use of your account.
5.2. Your Billing Account. To pay the charges for a Service or content delivered through the Services, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing account information and payment method on the Billing and Account Management website (https://billing.microsoft.com). Additionally, you agree to permit Microsoft to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
5.3. Billing. By providing Microsoft with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for the Services or available content using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the Services that you choose to sign up for or use while this agreement is in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of any change in the amount to be charged for recurring subscription services. We may bill you at the same time for more than one of your prior billing periods for amounts that have not previously been processed.
5.4. Automatic Renewal. Provided that automatic renewals are allowed in your country, province, or state, we will inform you by email before automatically renewing your Services. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
5.5. Online statement and errors. We will provide you with an online billing statement on the Billing and Account Management website (https://billing.microsoft.com), where you can view and print your statement. This is the only billing statement that we provide. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH ONLINE STATEMENT AND RETAIN SUCH COPY FOR YOUR RECORDS. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Microsoft has identified a billing error, we will correct that error within 90 days.
5.6. Cooling off period. When you request a service from us, you agree that we may begin to provide the services immediately. You will not be entitled to a cancelation or "cooling off" period, except if the law requires a cooling off period. You may cancel paid services as provided in Section 5.10.
5.7. Trial period offers. If you are taking part in any trial period offer, you must cancel the Services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel your Services at the end of the trial period, we may charge you for the Services.
5.8. Price Changes. We may change the price of the Services at any time and will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Services offer, that price will remain in force for the term.
5.9. Refund policies. Unless otherwise provided by law or by a particular Services offer, all purchases are final and nonrefundable.
5.10. Canceling the Services. You may cancel the Services at any time, with or without cause. Information and direction on how to cancel your Services is provided on the Billing and Account Management website (https://billing.microsoft.com). You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancelation; (ii) you may be obligated to pay cancelation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancelation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your Services end at the end of your current service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
5.11. Late payments. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs, in event of default.
5.12. Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
5.13. Internet Access May Be Required. You may incur charges related to Internet access, data transfer and other services per the terms of the data service plan and any other agreements you have with your network operator related to use of the Services. You are solely responsible for any network operator charges.
6. Microsoft Points
Microsoft Points is a service under which you can acquire Points and redeem those Points for certain online services and digital products. You can see how many Points you have by checking your Points balance at https://billing.microsoft.com. You can obtain selected Services or digital products that we offer in exchange for Points. You can do this by redeeming your Points as described in the messaging for those offers.
You can acquire Points in a variety of ways. For example, you can purchase Points, or certain Services may give you Points for using the Service or specific features of the Service (also known as "Promotion Points"). You can earn Promotion Points only for actions you actually complete. You are responsible for any taxes that may result from your participation in the Points service.
When you obtain Points, you have obtained a limited license to a digital product. Points have no monetary value. You may not exchange Points for cash or money, regardless of how you acquired those Points. Points are not your personal property. Your only recourse for using Points is to obtain the specific online Services or digital products that we offer for Points redemption. Points are sold in a few denominations only. Unused Points are not refundable. We may further restrict our Points redemption offers based on your country of residence. We encourage you to redeem your Points. Points redemption offers may be limited in time and scope. The scope, variety, and type of online Services and digital products offered can change at any time. We have no obligation to continue making offers available for Points redemption.
Promotion Points may expire at any time, as set forth in the messages related to that promotion. We may cancel, suspend, or otherwise limit your access to your Points if we suspect fraudulent, abusive, or unlawful activity. Once we delete Points from a balance, we will not reinstate them, except at our discretion. When we cancel, suspend, or otherwise limit access to your Points, your right to use your Points immediately ceases. We will use reasonable efforts to investigate Points that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use of the Points service. This includes applying limits to: (i) the number of Points you may have credited to your Points balance at one time; (ii) the number of Points you may redeem within a given time period (for example, one day); and (iii) the number of Promotion Points you may obtain in a single event.
If we post Points to your balance for activity that is subsequently voided, canceled or that involves a returned item, we will remove those Points from your balance. You must ensure that we properly post your Points to your Points balance. If you believe that you have validly acquired Points that we have not posted to your Points balance, subject to applicable laws, we will not post these Points unless you contact us within 12 months after the date you claim to have acquired those Points. We may require reasonable documentation to support your claim.
7. NO WARRANTIES. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” MICROSOFT DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WILL NOT OCCUR.
IF YOU ARE USING A XBOX 360 CONSOLE, XBOX ACCESSORY, AND/OR KINECT SENSOR OUTSIDE A SUPPORTED TERRITORY, MICROSOFT IS NOT RESPONSIBLE AND YOUR XBOX OR KINECT PRODUCT IS EXCLUDED FROM WARRANTY COVERAGE AND PRODUCT SUPPORT.
7A. Australian Consumer Guarantees
If you live in Australia, there are consumer guarantees which are implied under the Australian Consumer Law which will apply to the goods and services supplied to you as part of the Services. Clause 7 above is modified by the inclusion of those guarantees.
For such of the Services that comprises services (rather than goods) should we breach any of these consumer guarantees your remedy is limited to receiving the supply of the service again, or the payment of the cost of having the services supplied again.
For such of the Services that comprises goods (which includes computer software) the following applies:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In the case of software, the repair of goods may not be practicable, and a replacement will be provided if this is the case. For any warranty or consumer guarantee issue, please contact the Xbox Call Centre at (02) 8031-8186 (if you are in Sydney) or 1800 555 741.
8. LIABILITY LIMITATION.
You can recover from us for all successful claims only direct damages up to a total amount equal to your Services fee for one month. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.
This limitation applies to anything related to this contract, for example:
• the Services;
• loss of data;
• your content, third party content (including code), third party programs, or third party conduct;
• viruses or other disabling features that affect your access to or use of the Services;
• incompatibility between the Services and other services, software, or hardware;
• delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Services in an accurate or timely manner; and
• claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; omission; strict liability; negligence; or other tort.
It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or we knew or should have known about the possibility of the damages.
Nothing in these terms will affect the statutory rights of any consumer. Nothing in these terms will exclude or restrict liability for death or personal injury arising from our negligence, fraud, gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
9. Other Notices.
9.1. Copyright and Trademark Notices. All contents of the Services except user-generated and third party content are Copyright © 2012 Microsoft and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. We or our suppliers own the title, copyright and other intellectual property rights in the Services, software, and content. Microsoft products and services may also be either trademarks or registered trademarks of Microsoft in the United States and other countries, which can be found here: http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Trademarks/EN-US.aspx. The names of actual companies and products mentioned in this contract may be the trademarks of their respective owners. Any rights not expressly granted in this contract are reserved. Certain software used in certain Microsoft web site servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software which may be used in certain Microsoft web site servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
9.2. Notices and Procedure for Making Claims of Copyright Infringement. Notifications of claimed copyright infringement should be sent to Microsoft's Designated Agent pursuant to Title 17, United States Code, Section 512(c)(2). WE WILL NOT RESPOND TO INQUIRIES THAT ARE NOT RELEVANT TO THE FOLLOWING PROCEDURE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.
9.3. Financial Notice. Microsoft is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions. Microsoft does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services constitutes an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing contained in the Services are intended to constitute professional advice, including but not limited to, investment or tax advice.
9.4. The Software may include AVC/H.264, VC-1 and MPEG-4 visual codec technology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE AVC/H.264, VC-1, and MPEG-4 VISUAL STANDARDS IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, L.L.C.
If you have questions about the AVC/H.264, VC-1, and MPEG-4 visual standards, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, CO 80206; www.mpegla.com.
10. Microsoft Contracting Entity
10.1. United States. If you live in the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. The laws of the state where you live govern the interpretation of this contract, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to this Agreement or the Services that are heard in court (not arbitration and not small claims court).
10.2. Canada. If you live in Canada you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. The laws of the province where you live govern the interpretation of this contract, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of choice of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario for all Disputes arising out of or relating to this contract or the Service.
10.3. North or South America outside the United States and Canada. If you live in North or South America outside the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of choice of law principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your services.
10.4. Europe. If you live in Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg and the laws of Luxembourg govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles, unless you live in Spain, in which case the laws of Spain govern the interpretation of this contract. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service. With respect to jurisdiction, you and Microsoft may choose the country to which we direct your service for all disputes arising out of or relating to this Agreement, or in the alternative, you may choose the responsible court in Luxembourg. If you are accessing the Services within Germany, the Agreement located at http://www.xbox.com/de-DE/legal/LiveTOU applies to you.
10.5. Middle East or Africa. If you live in the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this Agreement and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your services. You and we irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this Agreement.
10.6. Asia or the South Pacific. If you live in Asia or the South Pacific, unless your country is specifically called out below, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington state law governs this Agreement, regardless of conflict of laws principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.
10.7. Japan. If you live Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this Agreement and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this Agreement.
10.8. China. If you live in China, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive.
10.9. Republic of Korea. If you live in the Republic of Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this Agreement. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this Agreement.
10.10. Taiwan. If you live in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this Agreement. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or relating to this Agreement.
11. Xbox LIVE and Games for Windows-LIVE
The following additional terms apply to Xbox LIVE and Games for Windows-LIVE:
We require certain permissions in order for you to evaluate use and for us to enable the features and functions of the Xbox LIVE/Games for Windows-LIVE Service. These features and functions include leaderboards, live-hosted gameplay, achievements, tournaments, and gamer profile sharing. If you evaluate use or we enable these features and functions, you grant Microsoft and its affiliates, resellers, distributors, service providers, partners, and/or suppliers (each, a "Microsoft party") the following permissions: Microsoft parties may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, and reproduce: (i) your game scores; (ii) your game play sessions; (iii) your presence on the Xbox LIVE/Games for Windows-LIVE Service; (iv) the time that you spend on or within particular portions of the Xbox LIVE/Games for Windows-LIVE Service; (v) portions of the Xbox LIVE/Games for Window-LIVE Service that are displayed on your monitor or screen and the duration of that display; (vi) rankings, statistics, gamer profiles, avatars, and content that you may submit; and (vii) other usage information. These permissions apply with or without attribution to you, your gamertag or avatar. We may use these permissions without notice or compensation to you of any kind. To avoid any confusion, we have the right to make information pertaining to your use of, and gameplay on, Xbox LIVE available through Games for Windows-LIVE, and vice versa. If you choose to link your Service account with the account of a Microsoft party on the Xbox LIVE service (for example, a game publisher or app provider), you agree that Microsoft may share limited account information with that Microsoft party. Such account information may include name, address, email and age but will not include any credit card or other payment information.
You should not expect any level of privacy concerning your use of the live communication features (for example, voice chat, video and communications in live-hosted gameplay sessions) offered through the Xbox LIVE/Games for Windows-LIVE Service. We may monitor these communications to the extent permitted by law. However, we cannot monitor the entire Service and make no attempt to do so. You understand that others can record and use these communications. Communications in live-hosted gameplay sessions may also be broadcast to others. Some games may use game managers and hosts. Game managers and hosts are not authorized Microsoft spokespersons. Their views do not necessarily reflect those of Microsoft.
When you use Voice Search, all voice commands are sent to Microsoft and stored to provide the Voice Search Service and improve Microsoft products. If you use Voice Search, you consent to Microsoft recording and collecting your voice input to provide the Voice Search Service and improve Microsoft products. We will treat any voice input according to the Privacy Statement (http://go.microsoft.com/fwlink/?LinkID=259655).
Standard Windows Phone Application License Terms
STANDARD APPLICATION LICENSE TERMS (UPDATED SEPTEMBER 2012)
WINDOWS PHONE STORE
These license terms are an agreement between you and the application provider. Please read them. They apply to the software application you download from the Windows Phone Store including any updates or supplements for the applications, unless the application comes with separate terms, in which case those terms apply. BY DOWNLOADING OR USING THE APPLICATION, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU DO NOT HAVE RIGHTS TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.
The application provider means the entity licensing the application to you, as identified in the Windows Phone Store.
If you accept and comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the application on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store.
2. INTERNET-BASED SERVICES.
a. Consent for Internet-Based or Wireless Services. The application may connect to Internet-based wireless services. Your use of the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services. If other terms are provided in connection with your use of the services, those terms also apply.
b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated license rights will terminate. Application provider reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
• work around any technical limitations in the application;
• reverse engineer, decompile or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation;
• publish or otherwise make the application available for others to copy;
• rent, lease or lend the application; or
• transfer the application or this agreement to any third party.
4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The application is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Contact the application provider to determine if any support services are available. Microsoft (unless Microsoft is the application provider), your phone manufacturer, and your wireless carrier are not responsible for providing support services for the application.
8. APPLICABLE LAW.
a. United States. If you acquired the application in the United States, Washington state law governs the interpretation of this agreement, claims for breach of it, and all other claims (including consumer protection unfair competition, and tort claims), regardless of conflict of law principles.
b. Outside the United States. If you acquired the application in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. THE APPLICATION PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS PROVIDED, AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, COVERED PARTIES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE APPLICATION PROVIDER ONLY DIRECT DAMAGES UP TO THE GREATER OF THE AMOUNT YOU PAID FOR THE APPLICATION OR ONE U.S. DOLLAR (US$1.00). YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES FROM ANY COVERED PARTIES.
This limitation applies to:
• anything related to the application, services or content made available through the application; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
• repair, replacement or a refund for the application does not fully compensate you for any losses; or
• Covered Party knew or should have known about the possibility of the damages.