Xbox Live Terms of Use and Privacy Statement
1. THIS IS A CONTRACT BETWEEN YOU AND MICROSOFT This is a contract between you and Microsoft Luxembourg S.à.r.l., 20, Rue Eugene Ruppert, Bâtiment Laccolith - Cloche d'Or, L – 2543, Luxembourg 2453, Luxembourg. We will refer to ourselves in this contract as with “Microsoft”, “we” or “our.” You are an individual person. You must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. The facts you give us must be complete and correct. A printable version of the most current form of this contract is posted on the Xbox.com web site (http://www.xbox.com/live). This contract covers your use of this service, and includes any other related services for which you choose to sign up (for example, specific game subscriptions), content and other media (for example, items downloaded from Xbox Live Marketplace), software, machines, support, papers, updates or upgrades. We refer to these all as the "Service." The Service is offered to you conditioned on your acceptance without modification of these terms, conditions, and notices contained herein. By selecting “ACCEPT” below, you are attaching your electronic signature to and agreeing to this contract. You understand that if you do not agree to this contract, you should select “DECLINE”, discontinue your registration and refrain from using Xbox Live. Please note that this contract limits our liability and we do not provide warranties for the Service. The contract also limits your remedies. These terms are in Sections 15 and 16 and we urge you to read the terms carefully. 2. ADDITIONAL TERMS Certain games, features, or events available via this Service may contain additional terms, codes of conduct or guidelines that govern use of those games or features or participation in those events (for example, sweepstakes and tournaments). If any terms in this contract conflict with any terms and contained within any particular game, feature or event, then the terms in this contract shall control. Any dealings with third parties or participation in promotions, sweepstakes and tournaments, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. We do not endorse and will not be responsible or liable for any aspect of any such dealings. Some Service features and related services may also be available to you on http://www.xbox.com/live or Xbox Live game-related web sites, and are also subject to the terms and conditions of the applicable web site. 3. HOW AND WHEN YOU MAY USE THE SERVICE We provide the Service for your personal use. You may not use the Service for commercial purposes or in a way that is against the law. You also may not use it in a way that harms us or our affiliates, resellers, distributors, service providers, partners and/or suppliers (collectively, the "Microsoft Parties"), or any customer of a Microsoft Party. Some examples of harmful activity that we do not permit include: (i) trying to gain access to any account, computers, hardware or networks related to this Service without authorization; (ii) disrupting accounts, computers, hardware or networks related to the Service; (iii) obtaining or trying to obtain any data through any means from the Service, except if we intend to provide or make it available to you; (iv) using the Service or related hardware to obtain any data to design, develop or update unauthorized software that you use or provide to others to access or use in connection with the Service; (v) charging others to use the Service either directly or indirectly; (vi) using or distributing unauthorized cheats, macros or scripts; (vii) exploiting any bug, or making unauthorized modifications to any software or data, in the Service or particular game to gain unfair advantage in a game. We may tell you about other specific harmful uses in a code of conduct or other notice available through the Service. We have, however, no duty to do so. You will obey any codes of conduct or other notices we provide. You may start using the Service right after you finish the sign-up process. No withdrawal right or "cooling-off" period applies to the Service, except if the law requires a "cooling-off" period even when your use of a service starts right away. 4. YOU ARE RESPONSIBLE FOR YOUR SERVICE ACCOUNT You are responsible for all activity under your Service account. You are responsible for keeping confidential any password for your Service account. We may allow you to have additional persons use your Service account and/or have additional member accounts associated to your Service account. We refer to these as "associated accounts." We may limit who may use your Service account or any associated accounts. You must tell us right away about anyone using your account without your consent, or any security breach that relates to the Service. 5. ASSOCIATED ACCOUNT USERS If you are the user of an associated account, then the holder of the Service account has full control over your associated account. This control includes the right to end the Service, close or alter your associated account at any time, and to request and receive usage information related to your associated account. Any data related to your associated account is collected and delivered to the holder of the Service account and Microsoft. As an associated account user, this contract applies to you except for the following sections: Section 4 (You Are Responsible for Your Service Account), Section 6 (Charges and Billing); Section 18 (Your Cancellation of Service), and Section 24 (Our Notices to You; Consent Regarding Electronic Information). You represent that you are the parent or legal guardian of each minor that you allow to use your Service account or associated account. You acknowledge that you are aware that some features of the Service and some content available through the service may contain or expose users to material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use the Service. Microsoft offers Family Settings on Xbox 360 that help you limit access to material that may be unsuitable for minors. By applying Family Settings to an associated account at sign-up, you may, among other things, prevent any user of an associated account from making additional purchases, and prevent any user from having access to voice and video chat, which will eliminate the ability of such user to communicate with other users. You may view or revise your Family Settings in the Xbox Dashboard in the System area. If you are interested in learning more about Family Settings, information is available at http://www.xbox.com/support/familysettings/default.htm. You remain responsible for any material to which a user of your subscription either gains or is denied access as a result of your use or non-use of the Family Settings. 6. CHARGES AND BILLING 6.1 Not Applicable to Some Situations. If you pay us for the Service (either currently or in the future) and/or for additional items and services (e.g., games, downloads, Service upgrades, or other premium features) available for purchase via the Service (collectively for purposes of this Section 6, “Other Items”), and you pay with a designated payment instrument such as a credit card (“Payment Method”), then the terms of this Section 6 apply to you. This Section will also apply to you if your Service is renewed with your Payment Method following the expiration of any current Service term. In some cases, designation of a Payment Method is required when you sign up for the Service or Other Items. Certain Other Items may be provided for a fee paid to a company other than Microsoft, in which case the terms applicable to charges and billing are as set forth by the other company. 6.2 Payment. By entering a designated Payment Method when you sign up or any time after, you will create an online account (your “Billing Account”). You confirm that you are authorized to use the Payment Method. You will pay Microsoft all charges at the prices then in effect for all purchases made using your Billing Account, and you authorize Microsoft to charge, and you agree to pay using, your designated Payment Method. You will pay for all purchases in advance. We may charge a different amount from what you approved. If we do, we will tell you the amount and the date of the charge at least 10 days before we make the charge. If your purchase consists of a subscription, we may bill you for more than one of your prior billing periods together. We will not bill you more than once in any billing period for each subscription you purchase. Other purchases (such as a one-time download) will be billed when the purchase is made. You may tell us to stop using your Payment Method by calling Xbox Customer Support. If you do so, however, we may cancel your Service and/or any Other Items to which you are subscribed. Your notice to us will not affect charges we submit to your Billing Account before we could reasonably act on your request. You must keep all information in your Billing Account accurate and current. You may change your Payment Method at any time. You can access and make changes to your Billing Account in the Account Management section of the Xbox Dashboard, or if you access your Service via an Xbox 360 console, at https://billing.microsoft.com. 6.3 Trial Period Offers. You may have received a limited time of free Service or some other trial period offer for Other Items. If you are participating in any such trial, then unless the terms of the particular subscription state otherwise, you must cancel the applicable Service or Other Item by the end of the trial period to avoid incurring applicable charges to your Payment Method. If you do not cancel the applicable Service or Other Item by the end of the trial period, then you hereby authorize Microsoft to charge your Payment Method. If you do not have a Billing Account, then the applicable subscription will expire at the end of your trial period. However, if you are participating in any Xbox Live Gold Membership trial period on an Xbox 360 console, your subscription will continue but will downgrade to a free Xbox Live Silver Membership at the end of your Gold membership trial period, regardless of whether you have a Billing Account. In this case, to maintain your Gold membership level, you must either set your Gold membership to automatically renew with a charge to your Payment Method, or you must enter a new Xbox Live prepaid card. 6.4 Prices and Price Increases. Prices for the Service and Other Items exclude all taxes and telecommunication charges, unless expressly stated otherwise. To the maximum extent permitted by law, these taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your Payment Method provider. We may change the pricing of the Service and Other Items from time to time. We will tell you before any change. If there is a specific time length and price for your Service or Other Item offer, then that price will remain in force for that time. Your use of the Service or Other Item after that time, however, will be charged at the new price. If your Service or Other Item is on a period basis (for example, monthly), with no specific time period, then any price change will start when we say. If you do not agree to these changes, then you must cancel and stop using the Service or Other Item before the changes are in force. If you cancel your Service or Other Item, then unless the terms of your subscription state otherwise, your Service or Other Item ends immediately. 6.5 Subscription Renewal. If you sign up for a Service or Other Item that is a monthly subscription, then unless the terms of that subscription state otherwise, your subscription will automatically and continuously renew from month to month and if it is a subscription that requires payment of a fee, your Payment Method will be charged unless you cancel your subscription prior to the end of that month. If you are subscribed for longer subscription periods (e.g., 3, 6 or 12 months) then unless the terms of that subscription state otherwise, your subscription will automatically and continuously renew for such period and if it is a subscription that requires the payment of a fee, your Payment Method will be charged at prices then in effect. In some cases relating to Service offers or Other Items available on Xbox 360 consoles, you may have the option to create or renew a subscription with a prepaid card instead of your Payment Method. Your Service may be cancelled at the end of your subscription term if you do not have a Billing Account or have not elected to auto-renew your subscription with a charge to your Payment Method, and/or have not entered a prepaid card for purposes of renewing your Service. If you sign up for an Xbox Live Gold Membership on an Xbox 360 console using a prepaid card, your subscription will continue but will downgrade to a free Xbox Live Silver Membership at the end of your pre-paid Gold membership period, regardless of whether you have a Billing Account. In this case, to maintain your Gold membership, you must set your account to automatically renew with a charge to your Payment Method or you must enter a new prepaid card. If you modify your Service from an original Xbox console to an Xbox 360 console, your Service will automatically renew annually at the then-current annual subscription price following the end of your current Service term (regardless of whether that current Service term is an annual or monthly term). 6.6 Refund Policies. Except as stated otherwise, or as otherwise provided by applicable law, all charges are non-refundable. If you signed up for an annual Service and paid the annual fee with your Payment Method, we may provide you a full refund of the annual fee if you cancel within the first 60 days of your Service. Additional information about refunds is available at http://www.xbox.com/live/accounts/default.htm. 6.7 Billing Statements. Charges on your Billing Account will be summarized for you in e-mail receipt(s) sent to the e-mail address you provided at initial Service sign-up. You agree that such e-mail receipts are the only statement of your Billing Account that Microsoft needs to provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH EMAIL RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. If you request a paper copy, we may charge you a retrieval fee. To request a paper copy of an e-mail receipt, call Xbox Customer Support. We will only provide paper copies for the past 120 days. Your inability to view or receive e-mail (e.g. due to your e-mail filter settings) does not extend, or relieve you of, your obligation to pay any amounts owing to Microsoft. If you sign up to the Service via an Xbox 360 console, or modify your Service from an original Xbox console to an Xbox 360 console, then we will also provide you with an online billing statement. Go to https://billing.microsoft.com to view, print or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. 6.8 Errors. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time. 6.9 Late Payments. We may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. These costs include reasonable attorneys’ fees and other legal fees and costs. We may suspend of cancel your Service if you fail to pay any amounts due on time. 6.9 Internet Access Service. You are responsible for paying the fees charged by your internet access provider. These fees are in addition to the fees you pay us for the Service. 7. MICROSOFT POINTS If you are using the Service on an Xbox 360 console, you can participate in the Microsoft Points service. Microsoft Points is a service under which you can acquire Points and redeem those Points for certain online services and digital goods. 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 goods that we elect to offer in exchange for Points. You can do this by redeeming your Points as indicated in the particular messaging you see 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 “reward Points”). You can earn reward Points only for actions you actually complete. You are responsible for any tax consequences that may result from your participation in the Points service. When you obtain Points, you have obtained a limited license to a digital good. Points have no monetary value. You may not obtain any cash or money in exchange for Points, 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 goods that we offer for Points redemption. We may further restrict your Points redemption offers based on your country of residence. We encourage you to redeem your Points. The existence of a particular offer available for Points redemption is not a commitment by us to maintain or continue to make such offers in the future. The scope, variety and type of online services and digital goods that you may obtain by redeeming Points can change at any time. We have no obligation to continue making offers available for Points redemption. Reward Points may expire at any time, as set forth in the messaging related to that reward Points promotion. We may cancel, suspend or otherwise limit your access to your Points balance if we suspect fraudulent, abusive or unlawful activity on your Points balance. 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 balance, your right to use your Points balance immediately ceases. We will use reasonable efforts to investigate Points balances 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, including applying limits to: the number of Points you may have credited to your Points balance at one time, the number of Points you may redeem within a given time period (for example, one day), and the number of reward Points you may obtain per promotion. If we post Points to your balance for an activity that is subsequently voided, canceled or involves a returned item, then 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, then you must contact us within 12 months after the date you claimed to have acquired those Points and we may require reasonable documentation to support your claim. 8. USE OF COMMUNICATION FACILITIES Your use of the Service is subject to the Code of Conduct. You also agree not to do any of the following while being connected to the Service:
9. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING You may be able to submit, post, transmit and share, with us or other users, images, or other materials for use in connection with the Service (each, a “submission”). We do not claim ownership of these submissions. However, by posting or otherwise providing your submission, you are granting to the public permission to use, copy, distribute, display, perform and modify your submission, each for personal and noncommercial use, and each in connection with the Service, and to publish your name, gamertag, or other information you supply in connection with the submission. You also give the public permission to grant this permission to other persons. 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. This section only applies for legally permissible and authorized content, and to the extent that use and publishing of legal content does not breach the law. We will not pay you for your submission. We may refuse to transfer, or we may remove your submission at any time. For each submission, you must have all rights necessary for you to grant the permissions in this section. You should not expect any level of privacy concerning your use of the live communication features of the Service. These communications may be monitored; however, we cannot monitor the entire Service and make no attempt to do so. You understand that these communications can be recorded and used by others. Some games may utilize game managers and hosts. Game managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft. We do not routinely monitor your use of the messaging features of the Service. However, to the maximum extent permitted by law, we may monitor your messages and may disclose information about you, including contents of messages, if we deem it necessary to: (1) conform to legal requirements or respond to legal process, (2) ensure your compliance with this contract, or (3) protect the rights, property, or interests of Microsoft, its employees, its customers or the public. 10. SOFTWARE; INTELLECTUAL PROPERTY We and our suppliers grant you a personal, non-exclusive, revocable license to use the software and associated content (e.g., text, images, video, graphics, music, sound) made available to you on this Service only for and during the authorized use of this Service and/or the game or other product to which the software and content relate. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software or associated content unless we or our suppliers have expressly allowed you to do so. Some software and associated content you may choose to download may be accompanied by an end user license agreement (“EULA”) or may indicate specific authorized uses or restrictions, in which case the EULA or those other rights and restrictions will apply. Copyright and other intellectual property laws and treaties protect the software and content associated with this Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software and content. Such software and content is licensed and not sold, and we and our suppliers reserve all other rights to the software and content not granted herein. You do not have ownership rights to any software or other content made available or accessible on the Service, regardless of how such software and content is used or downloaded. Except as otherwise set forth herein, the licenses granted you under this section will end on the date your Service ends. We may disable such software after the date the Service terminates. We may automatically check your version of such software and may automatically download upgrades to such software to your computer in order to update, enhance and further develop the Service. The software 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 software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 11. MICROSOFT PASSPORT NETWORK We may provide you with credentials on the Microsoft Passport Network to use with the Service. The Microsoft Passport Network is a multi-purpose authentication Web service that makes it easy for you to sign in to Web sites. You may not use any software or hardware that reduces the number of users directly accessing or using the Microsoft Passport Network (sometimes called "multiplexing" or "pooling" software or hardware). You are solely responsible for any dealings with third parties (including advertisers) who support the Microsoft Passport Network, including the delivery of and payment for goods and services. This contract applies to you whenever you access or use the Microsoft Passport Network credentials you obtained with the Service. When you use the Microsoft Passport Network to gain access to any site or service on the Microsoft Passport Network, the terms and conditions for that site or service may also apply to you. Please refer to the terms of use for each site or service that you visit. We may cancel or suspend your access to the Microsoft Passport Network for inactivity, which we define as failing to sign in to the Microsoft Passport Network for an extended period, as determined by us. When we cancel your Microsoft Passport Network credentials, your right to use the Microsoft Passport Network immediately ceases, and we may also cancel your Service. 12. PERFORMANCE AND USAGE INFORMATION We may automatically upload performance and usage data for evaluating the Service and the software associated with the Service. Such data will not personally identify you. Additionally, in order to enable the features and functions of the Xbox Live service, such as leaderboards, achievements, tournaments and gamer profile sharing, you grant Microsoft Parties permission to use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, and reproduce your game scores, your game play sessions, presence on the Service, rankings, statistics, gamer profile, your submissions, and other usage information with or without attribution to your gamertag, and without notice or compensation to you of any kind. 13. SERVICE OPERATION AND EQUIPMENT The Service may only be accessed with an original Xbox or Xbox 360 console or by logging into your account via Xbox.com. If you are accessing the Service via an original Xbox or Xbox 360 console, you agree that you are using authorized software and hardware, and that your software and hardware have not been modified in any unauthorized way (e.g., authorized repairs, upgrades and downloads). Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute or use for other purposes either the hardware or software associated with an original Xbox or Xbox 360 console or the Service, is strictly prohibited and may result in cancellation of your account and/or your ability to access the Service via your original Xbox or Xbox 360 console, and the pursuit of other legal remedies by Microsoft. Microsoft may take any legal action it deems appropriate against users who violate Microsoft’s systems or network security or this contract or any additional terms as described in Section 2 above, and such users may also incur criminal and/or civil liability. Microsoft reserves complete and sole discretion with respect to the operation of the Service. Microsoft may, among other things: (a) restrict or limit access to the Service; (b) retrieve information from the original Xbox or Xbox 360 console and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this Agreement; and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service or any game from time to time without notice, which may involve the automatic download of related software directly to your original Xbox or Xbox 360 console, and which software may prevent your original Xbox or Xbox 360 console from accessing the Service, playing pirated games, or using unauthorized peripheral devices. 14. HOW WE MAY CHANGE THIS CONTRACT If we change this contract, then we will tell you at least 30 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the Service before the changes are in force. If you do not stop using the Service, then your use of the Service will continue under the changed contract. 15. WE MAKE NO WARRANTY We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. 16. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to: ·any matter related to the Service, ·any matter related to content (including code) on third party Internet sites, third party programs or third party conduct, ·any matter related to viruses or other disabling features that affect your access to or use of the Service, ·any matter related to incompatibility between the Service and other services, software and hardware, ·any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, 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: ·this remedy does not fully compensate you for any losses, or fails of its essential purpose; or ·Microsoft knew or should have known about the possibility of damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages. 17. CHANGES TO THE SERVICE; OUR CANCELLATION OF THE SERVICE We may change the Service or delete or discontinue features, games or other content at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges made to your Billing Account. If we cancel the Service in its entirety without cause, then we will refund to you, on a pro-rata basis the amount of your payment to Microsoft corresponding to the portion of your Service remaining right before such cancellation. 18. YOUR CANCELLATION OF SERVICE You may cancel the Service at any time, with or without cause, upon notice to us by calling Xbox Live Customer Service. Contact information for your region can be found at http://www.xbox.com/support/contact. If you are participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring charges. Certain Service offers may require cancellation charges, and you will pay all such cancellation charges as specified in the materials describing such offer. Cancellation of the Service by you will not alter your obligation to pay all charges made to your Billing Account. 19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES If this contract is with Microsoft Corporation, then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to conflict of laws principles. If this contract is with a Microsoft affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such Microsoft affiliate, without reference to 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 your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which we direct your Service. If this contract is with Microsoft Corporation, you consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA for all disputes relating to this contract or the Service. If this contract is with a Microsoft affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Microsoft affiliate for all disputes relating to this contract or the Service. You cannot revoke this consent. 20. 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, then 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 will not change. Except as expressly stated herein, this is the entire contract between us regarding your use of the Service, and it supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract. 21. ASSIGNMENT We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Service. The other party may then establish a Service account and enter into a contract with us. 22. CLAIMS MUST BE FILED WITHIN ONE YEAR Any claim related to this contract or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. 23. YOUR NOTICES TO US You may notify us by postal mail. Send postal mail notices to Microsoft at Microsoft Corporation Attention: Xbox Live Customer Service, One Microsoft Way, Redmond, WA 98052-6399, USA. 24. OUR NOTICES TO YOU; CONSENT REGARDING ELECTRONIC INFORMATION This contract is in electronic form. There may be other information regarding the Service that the law requires us to send to you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for your Service; (2) by access to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available; or (3) by access to a Microsoft web site that will be generally designated in advance for such purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail. If you would like a copy of this information or this contract in paper form, you may request one from us. To do so, or to withdraw your consent, call Xbox Customer Support. You must make a request for a paper copy within 120 days after we first provided it to you. If you do not, we may not provide you a paper copy. We may charge a reasonable fee for providing such paper copies. As long as you access and use the Service, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must stop using the Service. 25. COPYRIGHT AND TRADEMARK NOTICES All contents of Xbox Live are: Copyright © 2005 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Microsoft, Xbox, Xbox 360, Xbox Live, the Xbox logos and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. 26. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Please refer to the Notice and Procedure for Making Claims of Copyright Infringement at www.microsoft.com/info/cpyrtInfrg.htm for further instructions.
XBOX LIVE TERMS OF USE AND PRIVACY STATEMENT
1. THIS IS AN AGREEMENT BETWEEN YOU AND MICROSOFT By accepting this Agreement, you also consent to the terms and conditions of the Xbox Live Privacy Statement, which is incorporated by reference herein and located at the end of this Agreement and in the Policies section of the Xbox Dashboard. A printable version is also posted on the Xbox.com website (http://www.xbox.com/en-gb/live). Other services related to this Service may also be available to you on http://www.xbox.com/en-gb/live or Xbox Live game-related web sites, and are subject to the terms and conditions of the applicable web site. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 1, 5.7, 11, 12, 13, and 18); AND AN EXCLUSIVE REMEDY (See Section 12). THESE EXCLUSIONS, DISCLAIMERS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOUR STATUTORY RIGHTS, WITH REGARD TO PARTS OF THE SERVICE THAT QUALIFY AS GOODS, ARE NOT AFFECTED. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. 2. HOW MICROSOFT MAY MODIFY THIS AGREEMENT 3. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE 4. YOU ARE RESPONSIBLE FOR THE SERVICE ACCOUNT You acknowledge that you are aware that some features of Xbox Live may contain or expose users to material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use Xbox Live. Using the Account Settings in the Xbox Dashboard, you may, among other things, prevent any user of your subscription from making additional purchases, and prevent any user from having access to voice chat, which will eliminate the ability of such user to communicate with other users. You remain responsible for any material to which a user of your subscription either gains or is denied access as a result of your use or non-use of the Account Settings. 5. CHARGES AND BILLING 5.3 Prices and Price Increases. Prices for the Service exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise, and such taxes and charges are your responsibility. Currency exchange settlements will be based on agreements between you and the provider of your Payment Method (your "Payment Method Provider"). Microsoft may, in its sole discretion, change the pricing of the Service, from time to time. If there is a specific duration and price for your Service subscription, then that price will remain in effect for such duration, but continued use of the Service thereafter will be at the new price. If your Service subscription is on a period basis (for example, monthly), with no specified duration, then any change in pricing will be effective on the date indicated by Microsoft. If you do not agree to such change, then you must cancel your Service subscription and stop using the Service prior to the effective date of such change. Your continued use of the Service after the effective date of such change constitutes your acceptance of and agreement to such change. If you terminate your Service subscription, then such termination will be effective at the end of your current Service subscription term or, if your account is billed on a period basis, at the end of the period in which you provide such notice. The charges for the Service are payable in advance, unless stated otherwise. TO TERMINATE YOUR AUTHORISATION, CALL XBOX LIVE CUSTOMER SUPPORT. TO CHANGE YOUR PAYMENT METHOD, GO TO THE ACCOUNT MANAGEMENT SECTION OF THE XBOX DASHBOARD. 5.5 Refund Policies. Except as stated otherwise, or as otherwise provided by applicable law, all charges are non-refundable. If you have a statutory right to a cooling off period, you agree to waive this right as soon as the Service or any additional content or services purchased through the Service is made available to you. 5.6 Broadband Connection Charges. You are responsible for all broadband service charges or other connection charges to set up and connect to Xbox Live. Internet connectivity is not part of the Xbox Live subscription fees. 5.7 Billing Statements. Charges on your Billing Account will be summarized for you in email receipt(s) sent to the email address you provided at initial Xbox Live sign-up. You agree that such email receipts are the only statement of your Billing Account that Microsoft needs to provide to you. 5.9 Default. If Microsoft does not receive payment for any charge to your Billing Account, you will be in default and Microsoft may suspend or cancel the Service and your access to the Service. If your Payment Method Provider seeks return of payments previously made to Microsoft, but Microsoft in good faith believes that you are liable for the charges, then, subject to applicable law, Microsoft may seek payment from you and you will also be in default. 6. USE OF COMMUNICATION FACILITIES
Always use caution when giving out any personally identifiable information about yourself or your children. Your communications are not private and can be recorded and used by others. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
8. SOFTWARE
10. SERVICE OPERATION AND EQUIPMENT
12.1 THE MICROSOFT PARTIES' AGGREGATE, CUMULATIVE LIABILITY RELATING TO THIS AGREEMENT AND YOUR USE OF THE SERVICE SHALL BE LIMITED TO YOUR ACTUAL, RECOVERABLE, DIRECT DAMAGES , IF ANY, WHICH DAMAGES IN NO EVENT SHALL EXCEED AN AMOUNT EQUAL TO YOUR SERVICE FEE FOR ONE MONTH. RECOVERY OF SUCH DAMAGES IN THIS AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY, PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS WITH REGARD TO PARTS OF THE SERVICE THAT QUALIFY AS GOODS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 12.1, THE MICROSOFT PARTIES DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE. 12.2 IN NO EVENT SHALL ANY OF THE MICROSOFT PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF ANY OF THE MICROSOFT PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 12.2 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. 12.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW. 12.4 NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY MICROSOFT PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. 13. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION 14. MICROSOFT'S TERMINATION OF SERVICE 15. YOUR TERMINATION OF SERVICE 16. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES 17. INTERPRETING THE AGREEMENT; ASSIGNMENT 18. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM 19. YOUR NOTICES TO MICROSOFT 20. MICROSOFT'S NOTICES TO YOU; CONSENT REGARDING ELECTRONIC INFORMATION 21. HARDWARE AND SOFTWARE REQUIREMENTS 22. COPYRIGHT AND TRADEMARK NOTICES 23. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 24. THIRD PARTY BENEFICIARIES XBOX LIVE PRIVACY STATEMENT
Collection of your Personal Information
Use of your Personal Information
Control of your Personal Information
Security of your Personal Information
Changes to this Statement
Contact Information
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