Xbox LIVE and Games for Windows LIVE Terms of Use Last updated: September2008 1. This Is a Contract between You and Microsoft. This is a contract between you and Microsoft Corporation (located at One Microsoft Way, Redmond, WA 98052-6399 United States, U.S. phone: 1800-4MY-XBOX / International phone: (425) 635-7180) or, based on where you live, one of the Microsoft Corporation affiliates. We will refer to ourselves in this contract as "Microsoft", "we", "us", or our. A printable version of the most current form of this contract is posted online at www.xbox.com/zh-SG/live/legal/termsofuse.htm(or a successor web page). This contract covers your use of the Xbox LIVE and Games for Windows LIVE interactive services, and governs 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 or Games for Windows LIVE Marketplace and theirsuccessors)), software, machines, support, papers, updates, or upgrades. We refer to all of these as the "Service" and, except where context requires otherwise and even if not expressly referenced in the applicable section, “Service” includes any “Other Items” (defined in Section 8(a)) that you may have obtained access to through or in relation to other aspects of the Service. To avoid any confusion, when you register to use the Service, you are registering for both the Xbox LIVE services and the Games for Windows LIVE services. The Service is offered to you conditioned on your acceptance of all terms in this contract. By selecting "ACCEPT" below, you are representing that you are 18 years old (and have reached the “age of majority” if that is not 18 years of age where you live) and you are attaching your electronic signature to and agreeing to all terms in this contract. In addition, if you were a party to a prior version of this contract, that version may have stated that the contract can only be updated on 30 days’ notice. By selecting “ACCEPT” below, you are also agreeing to waive the applicability of this notice requirement. If you do not agree to this contract, in its entirety, or if you were a party to a prior version of this contract and do not agree to waive the notice requirement, you must select "DECLINE" and discontinue your registration, and you will have no right to use the Service. You must have a Windows Live ID to register to use the Service. For additional information, see Get your Windows Live ID. If you already have a Windows Live ID when you are registering for the Service, you can use this Windows Live ID; if you do not, a Windows Live ID will be automatically created for you. A Windows Live ID that is automatically created, however, will have functionality limited to use with the Service. If you wish to use an automatically-created Windows Live ID for purposes other than signing in to the Service, you must also agree to the applicable terms of use or terms of service for a general-purpose Windows Live ID. Please note that we do not provide warranties for the Service. The contract also limits our liability. These terms are in Sections 17and 18and we ask you to read them carefully. 2. Additional Terms. Certain games, content offerings, features, or events (for example, sweepstakes and tournaments) that are available via the Service may contain additional terms, codes of conduct, or guidelines that govern your use of those games or features, or your participation in those events (and we refer to all of these, collectively, as “Additional Terms”). If any terms in this contract conflict with any Additional Terms, then the terms in this contract will control as applied to the Service and your legal relationship with Microsoft. Nothing in any Additional Terms will increase our legal liability or change your relationship with us (unless we are the contracting party identified in the Additional Terms, and we state, in the Additional Terms, our intent to modify the terms of this contract). The Additional Terms may, however, form an additional contract between you and a third party (for example, a third party that is offering content to you or sponsoring a tournament that you want to play in). Any dealings between you and such a third party are solely between you and the third party, and your relationship with the third party may be governed by the Additional Terms. We do not endorse and will not be responsible or liable for any aspect of any such dealings. Certain features of the Service may be made available to you through web sites, online services or applicationsoperated by third parties. As above, your dealings with any of these third parties are solely between you and the applicable third party and may be governed by other terms or agreements that apply to those web sites and third party features and content. Your use of any part of the Service as accessed through a third party web site, however, is still governed by this contract – even if the terms or agreements applicable to such a third party web site state otherwise. 3. When You May Use the Service. You may start using the Service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service, and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a Service starts right away. 4. How You May Use the Service. In using the Service, you will:
5. How You May Not Use the Service. In using the Service, you may not:
In addition, your use of the Service is subject to your compliance with the Code of Conduct (www.xbox.com/zh-SG/live/codeofconduct.htmand its successors). You agree that we may also discontinue your access to the Service if you do any of the following while connected to the Service:
6. You Are Responsible for Your Service Account. Only you may use your Service account. For some parts of the Service, we may notify you that you may set up additional member accounts that are dependent on your account (an “associated account”). You are responsible for all activity that takes place with your Service account or an associated account. Except as otherwise stated in this Section 6, you may not authorize any third party to access and/or use the Service on your behalf, except where we provide a mechanism for third parties to access the Service on your behalf. We may limit who may use your Service account or any associated accounts. If you allow or enable a minor to use your Service account or an associated account, then:
7. If You Are An Associated Account User. 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, in some cases, to request and receive machine and Service usage information related to your associated account. As an associated account user, this contract applies to your use of the Service, except for the following Sections: 6 (You are Responsible for Your Service Account); 8 (If You Pay Microsoft); and 25 (Notices We Send to You). 8. If You Pay Microsoft. a. Charges. This Section 8 applies in all situations in which you directly pay us, whether that payment is for the Service (including renewals) or for any additional items and services (such as games, downloads, Service upgrades, or other premium features) that may be available for purchase through the Service (collectively, "Other Items"). If you pay a company other than us for the Service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the Service itself, you may still incur charges incidental to using the Service; for example, charges for Internet access, mobile text messaging, or other data transmission. b. Payment. When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the Service and for any paid feature of the Service for which you choose to sign-up or use while this contract is in forceusing your payment method. You will pay all charges in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. If your purchase is a subscription, we may bill you for more than one of your prior billing periods together, although we will not bill you more than once in any billing period for each such subscription. Other purchases (such as a one-time download) will be billed when the purchase is made. If we informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your Service and charge you for any renewal term at the prices specified in Section 8(e). In some cases relating to Service offers 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, or you 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. 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). c. Updates to Your Billing Account. You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You can access and make changes to your billing account via the “Account Management” section of the Xbox Dashboard, or if you access your Service via a personal computer, at https://billing.microsoft.com. You may change your Payment Method at any time. If you tell us to stop using your payment method, we may cancel your Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. d. Trial Period Offers. You may have received access to the Service for a limited period of time free of charge. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the applicable Service by the end of the trial period to avoid incurring charges. If you do not cancel the applicable Service , and we have informed you that the Service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us 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. If, however, 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 prepaid card for the Service. e. Prices and Price Increases. Prices for the Service exclude all taxes and telecommunication charges, unless expressly stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, telecommunications charges). Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the Service from time to time upon notice to you. In addition, the price we set for certain features or functions in the Service may vary depending on whether the features or functions are accessed from Xbox LIVE or from Games for Windows LIVE, and we reserve the right to make various features or functions, in our sole discretion, available with or without charge from Xbox LIVE, Games for Windows LIVE, or both.
If you do not agree to these changes, then you must cancel and stop using the Service before the changes take place. If you cancel your Service, then (unless the terms of your subscription state otherwise) your Service subscription will end immediately. f. Refund Policies. Unless otherwise provided by law or in connection with any particular Service offer, all charges are non-refundable and the costs of any returns will be at your expense. There are, however, certain circumstances under which you may be entitled to a refund for certain Services. Additional information about refunds is available at www.xbox.com/zh-SG/live/about/accounts-refunds.htm. g. Billing Statement; Errors. Charges on your Billing Account will be summarized for you via online statement or via e-mail receipt sent to the e-mail address you provided at initial Service sign-up. You agree that such online statement or e-mail receipts are the only statement of your Billing Account that we need to provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH ONLINE STATEMENT OR EMAIL RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. If you sign up to the Service via an Xbox 360 console or personal computer, or modify your Service from an original Xbox console to an Xbox 360 console, then we may provide you with an online billing statement. Go to https://billing.microsoft.comto view, print, or request a paper copy of this statement. If you request a paper copy of the online billing statement, 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 prior 120 days. 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 email receipt or online statement. If you do not tell us within this time, we will not be required to correct the error. We can, but are not obligated to,correct billing errors at any time. h. Canceling the Service. You may cancel the Service at any time, with or without cause. Go to http://www.xbox.com/zh-SG/support/to obtain information on cancelling your Service. Certain Service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the Service by you will not alter your obligation to pay all charges made to your billing account. i. Late Payments. Except to the extent prohibited by law, 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. You must pay all reasonable costs we incur to collect any past due amounts. These costs includereasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay any amounts due on time. j. Internet Access Service. You are responsible for paying the fees charged by your internet access provider. Those fees are in addition to the fees you pay us for the Service. 9. Payments to You. Your right to any payment due you under a Service is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable Service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment, and you agree to cooperate with us in our efforts to do this. 10. Your Materials. You may be able to submit materials for use in connection with the Service. The Service includes publicly accessible areas (“public areas of the Service”) and areas to which you can control access by others (“shared and private areas of the service”). You understand that Microsoft does not control or endorse the content that you and others post or provide on the Service. Except for content that we license to you, we do not claim ownership of the materials you post or provide on the Service. However, with respect to content you post or provide, you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the service) or to the public (for content posted on public areas of the service), and, in either case, to us, free, unlimited, worldwide, nonexclusive, perpetual, and irrevocable permission to:
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. You understand that we may need to make copies, change the format, transcode, or otherwise process content posted on the Service, including on shared and private areas of the Service, to:
This section only applies to legally permissible content and only to the extent that use and publishing of legally permissible content does not violate the law. You understand that sharing content that violates others' copyrights, privacy, publicity,or other intellectual property rights breaches this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this Section 10 and that the use and publication of the content does not violate any law. We will not pay you for your content. We may refuse to publish your content, and we may remove your content from the Service at any time. 11. Privacy. In order to operate and provide the Service, we collect certain information about you. We use and protect that information as described in the Microsoft Online Privacy Notice (http://go.microsoft.com/fwlink/?LinkId=81184, and its 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 Service; or (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 Service, 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 hinder or break your use of the Service. To provide you the Service, we may collect certain information about Service performance, your machine, and your Service use. We may automatically upload this information from your machine. Such data may include console hardware and operating performance data, and network performance and service quality data. Any software or hardware errors, which may occur while you are connected to Xbox Live or offline, may be uploaded and reported. All such data may be stored with the console’s unique identifier, and may be associated with other personally identifiable information. You may read about this datacollection in more detail in the Microsoft Online Privacy Notice at http://go.microsoft.com/fwlink/?LinkId=81184. Additionally, to evaluate and enable the features and functions of the Service, such as leaderboards, live-hosted gameplay, achievements, tournaments, and gamer profile sharing, you grant Microsoft and each of our affiliates, resellers, distributors, service providers, partners, and/or suppliers (each, a "Microsoft party"), permission to use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, and reproduce your game scores, your game play sessions, your presence on the Service, the time that you spend on or within particular portions of the Service, portions of the Service that are displayed on your monitor or screen and the duration of that display, rankings, statistics, gamer profiles, avatars, content that you may submit, and other usage information with or without attribution to you, your gamertag, or avatarand 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. 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 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, and communications in live-hosted gameplay sessions may be broadcast to 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 communication features of the Service. However, to the maximum extent permitted by law, we may monitor your communications and may disclose information about you as set forth in this Section 11. 12. Intellectual Property. If you receive from us software or content (e.g., text, images, video, graphics, music, sound, games) associated with the Service (for purposes of this Section 12, we refer to all of these, as applicable, as “software”), your use of that software is under the terms of the license (including any statement of specific authorized uses or restrictions) presented to you for acceptance with that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you a limited, personal, non-exclusive, revocable license to use the software only for and during the authorized use of this Service and/or the game or other product to which the software relates. 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 unless we or our suppliers have expressly allowed you to do so. Copyright and other intellectual property laws and treaties protect the software and all other aspects of the Service. We, or our suppliers,own the title, copyright, and other intellectual property rights in the software and Service, and the software and Service are solely licensed and not sold. We and our suppliers reserve all other rights to the software and Service that are not expressly granted in this contract. You do not have ownership rights to any software made available or accessible on or in relation to the Service, or any other aspect of the Service (except you may own your own submissions), regardless of how the software and Service are used, accessed, downloaded, or otherwise made available to you. We may automatically check your version of the software. We may automatically download upgrades to the software to your computer or console to update, enhance, and further develop the Service. Unless we notify you otherwise, your license to use the software will end on the date your Service ends, and you must promptly uninstall and delete the software. We may disable thesoftware after the date the Service terminates. You will not disassemble, decompile, or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity. 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, seewww.microsoft.com/exporting. If you use the software to access content that has been protected with Microsoft Digital Rights Management (“DRM”), to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM updates. For more information, seewww.microsoft.com/Silverlight/resources/Privacy.aspx?v=2.0.30226and its successor pages. 13. Microsoft Authentication Network. We may provide you with credentials on our authentication network to use with the Service. You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including the delivery of and payment for products and services. This contract applies to you whenever you access or use the credentials you obtained with the Service. When you use our authentication network to gain access to any web site or service, the terms and conditions for that site or service, if different from this contract, may also apply to you in your use of that site or service. Please refer to the terms of use for each web site that you visit or service that you access. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases. 14. Microsoft Points. If you are using the Service via an Xbox 360 console or personal computer, you can participate in the Microsoft Points service. Microsoft Points is a serviceby 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 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 "promotion Points"). You can earn promotion 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 product. 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 products 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 the offer in the future. The scope, variety, and type of online services and digital products that you may obtain by redeeming Points 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 messaging related to that promotion. We may cancel, suspend, or otherwise limit your access to your Points balance if we suspect fraudulent, abusive, or unlawful activity with regard to 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 promotion Points you may obtain in a single event. 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, we will not consider posting these Points unless you contact us within 12 months after the date you claimed to have acquired those Points. We may require reasonable documentation to support your claim. 15. Service Operation and Equipment. The Service may only be accessed with an original Xbox, an Xbox 360 console, a personal computer, or other device authorized by us,or by logging into your account via Xbox.com. You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads), and that we have the right to send data, applications or other content to any software or hardware that you are using to access the Service for the express purpose of detecting an unauthorized modification. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Service, any game, application, or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console is strictly prohibited and may result in cancellation of your account and/or your ability to access the Service, 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, this contract or any additional terms incorporated or referenced in this contract, and such users may also incur criminal 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, Xbox 360 console, personal computer, 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 contract; and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service, any game or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console, or personal computer, from time to time without notice, which may involve the automatic download of related software directly to your original Xbox, Xbox 360 console, or personal computer, including software that prevents you from accessing the Service, playing pirated games, or using unauthorized hardware peripheral devices. 16. How We May Change the Contract. If we change this contract, then we will require you to agree to a new contract that includes such changes if you want to continue to receive the Service. If you do not want to agree to the new contract, you may cancel the Service. Your continued use of the Service will be deemed acceptance of and agreement to the new contract. 17. WE MAKE NO WARRANTY. We provide the Service "as-is," "with all faults," and "as available." We do not guarantee the accuracy or timeliness of information available from the Service. The Microsoft parties give no express warranties, guarantees, or conditions under or in relation to the Service, this contract or its subject matter. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement. 18. LIABILITY LIMITATION. You can recover from the Microsoft partiesfor all claims only direct damages up to a total, aggregate amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages. This limitation applies to anything related to:
It also applies even if:
Some states do not allow the exclusion or limitation of incidental, consequential, or certain otherdamages, 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. 19. Changes to the Service; If We Cancel the Service. We may change the Service or delete or discontinue features, games, or other content at any time and for any reason (or no reason). We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and 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 payment that you have made corresponding to the portion of your Service remainingat the time of cancellation. 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. This is the entire contract between you and us regarding your use of the Service. 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 even after termination or cancellation of the Service (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 person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Service or any part of the Service. 22. No Third Party Beneficiaries; Microsoft Affiliates. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract. Certain sections of this contract are for the benefit of Microsoft’saffiliates. As a result, Microsoft and Microsoft’s affiliates are entitled to enforce thiscontract. Except for Microsoft’saffiliates, this contract does not create any enforceable rights by anyone other than you and Microsoft. 23. Claim Must Be Filed Within One Year. Any claim related to this contract or the Service may not be brought unless brought within one yearafter the claim arises. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. 24. Your Notices to Us. You may notify us as stated in the customer support or “help” area (if any) for the Service. If there is no such customer support or “help” area, you may notify us by postal mail (we do not accept email notices). Send postal mail notices as follows: Microsoft Corporation Attention: Xbox Live Customer Service One Microsoft Way Redmond, Washington 98052-6399 USA 25. Notices We Send You; Consent Regarding Electronic Information. This contract is in electronic form. We have promised to send you certain information in connection with the Service and have the right to send you certain additional information. There may be other information regarding the Service that the law requires us to send you. We may send you this (and any other) 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:
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. 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. 26. 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. 27. NOTICES. Copyright and Trademark Notices All contents of the Service are Copyright © 2008 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. 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 in the United States and/or other countries. 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 may bebased in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software which may beused in certain Microsoft web site servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. Notices and Procedure for Making Claims of Copyright Infringement Under 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. See Notice and Procedure for Making Claims of Copyright Infringementat www.microsoft.com/info/cpyrtInfrg.htm. Respect Copyright Please respect the rights of artists and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner. Support Customer support is not offered for the Service, unless provided otherwise in this contract or the materials we publish in connection with a particular component of the Service specify that it includes customer support. |
