486 lines
21 KiB
Plaintext
486 lines
21 KiB
Plaintext
Microsoft Terms of Use
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Last Updated: February 7, 2022
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Acceptance of Terms
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The services that Microsoft provides to you are subject to the following
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Terms of use ("TOU"). Microsoft reserves the right to update and modify
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the TOU at any time without notice to you. The most current version of
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the TOU can be reviewed by clicking on the "Terms of Use" hyperlink
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located at the bottom of our webpages. When we make updates to the TOU,
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Microsoft will update the date at the top of this page. By using the
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website after a new version of the TOU has been posted, you agree to the
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terms of such new version.
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##########################################################################
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Description of Services
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Through its network of Web properties, Microsoft provides you with
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access to a variety of resources, including developer tools, download
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areas, communication forums and product information (collectively
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"Services"). The Services, including any updates, enhancements, new
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features, and/or the addition of any new Web properties, are subject to
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these TOU.
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##########################################################################
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Personal and Non-Commercial Use Limitation
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Unless otherwise specified, the Services are for your personal and
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non-commercial use. You may not modify, copy, distribute, transmit,
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display, perform, reproduce, publish, license, create derivative works
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from, transfer, or sell any information, software, products, or services
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obtained from the Services.
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##########################################################################
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Privacy and Protection of Personal Information
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Review the Privacy Statement disclosures relating to the collection and
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use of your personal data.
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##########################################################################
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Content
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All content included in or made available through the Services, such as
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text, graphics, logos, icons, images, sounds, music, digital downloads,
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data compilation, software, and documents, is the exclusive property of
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Microsoft or its content suppliers and is protected by the various
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applicable trade dress, copyright, trademark, patent, and other
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intellectual property and unfair competition laws in the United States
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and internationally (collectively, "Content"). All rights not expressly
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granted to you in this TOU are reserved and retained by Microsoft or its
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licensors, suppliers, publishers, rightsholders, or other content
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providers.
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##########################################################################
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Software
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Any software that is made available to download from the Services
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("Software") is the copyrighted work of Microsoft and/or its suppliers.
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Use of the Software is governed by the terms of the end user license
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agreement, if any, which accompanies or is included with the Software
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("License Agreement"). An end user will be unable to install any
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Software that is accompanied by or includes a License Agreement, unless
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he or she first agrees to the License Agreement terms. Third party
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scripts or code, linked to or referenced from this website, are licensed
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to you by the third parties that own such code, not by Microsoft.
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The Software is made available for download solely for use by end users
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according to the License Agreement. Any reproduction or redistribution
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of the Software not in accordance with the License Agreement is
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expressly prohibited by law and may result in severe civil and criminal
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penalties. Violators will be prosecuted to the maximum extent possible.
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Without limiting the foregoing, copying or reproduction of the software
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to any other server or location for further reproduction or
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redistribution is expressly prohibited, unless such reproduction or
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redistribution is expressly permitted by the license agreement
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accompanying such software.
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The software is warranted, if at all, only according to the terms of the
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license agreement. Except as warranted in the license agreement,
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Microsoft corporation hereby disclaims all warranties and conditions
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with regard to the software, including all warranties and conditions of
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merchantability, whether express, implied or statutory, fitness for a
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particular purpose, title and non-infringement. For your convenience,
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Microsoft may make available as part of the services or in its software
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products, tools, and utilities for use and/or download. Microsoft does
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not make any assurances with regard to the accuracy of the results or
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output that derives from such use of any such tools and utilities.
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Please respect the intellectual property rights of others when using the
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tools and utilities made available on the services or in Microsoft
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software products.
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Restricted Rights Legend.
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Any Software which is downloaded from the
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Services for or on behalf of the United States of America, its agencies
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and/or instrumentalities ("US Government"), is provided with Restricted
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Rights. Use, duplication, or disclosure by the US Government is subject
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to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
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Technical Data and Computer Software clause at DFARS 252.227-7013 or
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subparagraphs (c)(1) and (2) of the Commercial Computer Software -
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Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
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Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.
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##########################################################################
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Documents
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Permission to use Documents (such as white papers, press releases,
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datasheets, and FAQs) from the Services is granted, provided that (1)
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the below copyright notice appears in all copies and that both the
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copyright notice and this permission notice appear, (2) unless
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explicitly covered by another license or agreement, use of such
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Documents from the Services is for informational and non-commercial or
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personal use only and will not be copied or posted on any network
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computer or broadcast in any media, and (3) no modifications of any
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Documents are made. Accredited educational institutions, such as K-12,
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universities, private/public colleges, and state community colleges, may
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download and reproduce the Documents for distribution in the classroom.
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Distribution outside the classroom requires express written permission.
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Use for any other purpose is expressly prohibited by law and may result
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in severe civil and criminal penalties. Violators will be prosecuted to
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the maximum extent possible.
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Documents specified above do not include the design or layout of the
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Microsoft.com website or any other Microsoft owned, operated, licensed,
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or controlled site. Elements of Microsoft websites are protected by
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trade dress, trademark, unfair competition, and other laws and may not
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be copied or imitated in whole or in part. No logo, graphic, sound or
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image from any Microsoft website may be copied or retransmitted unless
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expressly permitted by Microsoft.
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Microsoft and/or its respective suppliers make no representations about
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the suitability of the information contained in the documents and
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related graphics published as part of the services for any purpose. All
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such documents and related graphics are provided "as is" without
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warranty of any kind. Microsoft and/or its respective suppliers hereby
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disclaim all warranties and conditions with regard to this information,
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including all warranties and conditions of merchantability, whether
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express, implied or statutory, fitness for a particular purpose, title
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and non-infringement. In no event shall Microsoft and/or its respective
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suppliers be liable for any special, indirect, or consequential damages,
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or any damages whatsoever resulting from loss of use, data, or profits,
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whether in an action of contract, negligence, or other tortious action,
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arising out of or in connection with the use or performance of
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information available from the services.
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The documents and related graphics published on the services could
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include technical inaccuracies or typographical errors. Changes are
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periodically added to the information herein. Microsoft and/or its
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respective suppliers may make improvements and/or changes in the
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product(s) and/or the program(s) described herein at any time.
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##########################################################################
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Limitation of Liability
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In no event shall Microsoft and/or its respective suppliers be liable
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for any special, indirect, or consequential damages, or any damages
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whatsoever resulting from loss of use, data, or profits, whether in an
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action of contract, negligence, or other tortious action, arising out of
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or in connection with the use or performance of software, documents,
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provision of or failure to provide services, or information available
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from the services.
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##########################################################################
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Member Account, Password, and Security
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If any of the Services requires you to open an account, you must
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complete the registration process by providing us with current,
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complete, and accurate information as prompted by the applicable
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registration form. You also will choose a password and a username. You
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are entirely responsible for maintaining the confidentiality of your
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password and account. Furthermore, you are entirely responsible for any
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and all activities that occur under your account. You agree to notify
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Microsoft immediately of any unauthorized use of your account or any
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other breach of security. Microsoft will not be liable for any loss that
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you may incur as a result of someone else using your password or
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account, either with or without your knowledge. However, you could be
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held liable for losses incurred by Microsoft or another party due to
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someone else using your account or password. You may not use anyone
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else's account at any time, without the permission of the account
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holder.
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##########################################################################
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No Unlawful or Prohibited Use
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As a condition of your use of the Services, you will not use the
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Services for any purpose that is unlawful or prohibited by these terms,
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conditions, and notices. You may not use the Services in any manner that
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could damage, disable, overburden, or impair any Microsoft server, or
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the network(s) connected to any Microsoft server, or interfere with any
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other party's use and enjoyment of any Services. You may not attempt to
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gain unauthorized access to any Services, other accounts, computer
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systems or networks connected to any Microsoft server or to any of the
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Services, through hacking, password mining or any other means. You may
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not obtain or attempt to obtain any materials or information through any
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means not intentionally made available through the Services. You may not
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attempt to copy or change, alter, or otherwise attempt to modify the
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Services or these TOU.
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##########################################################################
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Use of Services
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The Services may contain e-mail services, bulletin board services, chat
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areas, news groups, forums, communities, personal web pages, calendars,
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photo albums, file cabinets and/or other message or communication
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facilities designed to enable you to communicate with others (each a
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"Communication Service" and collectively "Communication Services"). You
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agree to use the Communication Services only to post, send and receive
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messages and material that are proper and, when applicable, related to
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the particular Communication Service. By way of example, and not as a
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limitation, you agree that when using the Communication Services, you
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will not:
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- Use the Communication Services in connection with surveys,
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contests, pyramid schemes, chain letters, junk email, spamming or
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any duplicative or unsolicited messages (commercial or otherwise).
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- Defame, abuse, harass, stalk, threaten or otherwise violate the
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legal rights (such as rights of privacy and publicity) of others.
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- Publish, post, upload, distribute or disseminate any
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inappropriate, profane, defamatory, obscene, indecent, or unlawful
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topic, name, material, or information.
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- Upload, or otherwise make available, files that contain images,
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photographs, software, or other material protected by intellectual
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property laws, including, by way of example, and not as
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limitation, copyright, or trademark laws (or by rights of privacy
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or publicity) unless you own or control the rights thereto or have
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received all necessary consent to do the same.
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- Use any material or information, including images or photographs,
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which are made available through the Services in any manner that
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infringes any copyright, trademark, patent, trade secret, or other
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proprietary right of any party.
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- Upload files that contain viruses, Trojan horses, worms, time
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bombs, cancelbots, corrupted files, or any other similar software
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or programs that may damage the operation of another's computer or
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property of another.
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- Advertise or offer to sell or buy any goods or services for any
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business purpose unless such Communication Services specifically
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allows such messages.
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- Download any file posted by another user of a Communication
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Service that you know, or reasonably should know, cannot be
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legally reproduced, displayed, performed, and/or distributed in
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such manner.
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- Falsify or delete any copyright management information, such as
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author attributions, legal or other proper notices or proprietary
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designations or labels of the origin or source of software or
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other material contained in a file that is uploaded.
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- Restrict or inhibit any other user from using and enjoying the
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Communication Services.
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- Violate any code of conduct or other guidelines which may be
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applicable for any particular Communication Service.
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- Harvest or otherwise collect information about others, including
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e-mail addresses.
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- Violate any applicable laws or regulations.
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- Create a false identity for the purpose of misleading others.
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- Use, download or otherwise copy, or provide (whether or not for a
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fee) to a person or entity any directory of users of the Services
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or other user or usage information or any portion thereof.
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Microsoft has no obligation to monitor the Communication Services.
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However, Microsoft reserves the right to review materials posted to the
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Communication Services and to remove any materials in its sole
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discretion. Microsoft reserves the right to terminate your access to any
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or all of the Communication Services at any time, without notice, for
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any reason whatsoever.
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Microsoft reserves the right at all times to disclose any information as
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Microsoft deems necessary to satisfy any applicable law, regulation,
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legal process or governmental request, or to edit, refuse to post or to
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remove any information or materials, in whole or in part, in Microsoft's
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sole discretion.
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Always use caution when giving out any personally identifiable
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information about yourself or your children in any Communication
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Services. Microsoft does not control or endorse the content, messages or
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information found in any Communication Services and, therefore,
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Microsoft specifically disclaims any liability with regard to the
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Communication Services and any actions resulting from your participation
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in any Communication Services. Managers and hosts are not authorized
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Microsoft spokespersons, and their views do not necessarily reflect
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those of Microsoft.
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Materials uploaded to the Communication Services may be subject to
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posted limitations on usage, reproduction and/or dissemination; you are
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responsible for adhering to such limitations if you download the
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materials.
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##########################################################################
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Materials Provided to Microsoft or Posted at any Microsoft Website
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Microsoft does not claim ownership of the materials you provide to
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Microsoft (including feedback and suggestions) or post, upload, input or
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submit to any Services or its associated services for review by the
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general public, or by the members of any public or private community,
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(each a "Submission" and collectively "Submissions"). However, by
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posting, uploading, inputting, providing or submitting ("Posting") your
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Submission you are granting Microsoft, its affiliated companies and
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necessary sublicensees permission to use your Submission in connection
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with the operation of their Internet businesses (including, without
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limitation, all Microsoft Services), including, without limitation, the
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license rights to: copy, distribute, transmit, publicly display,
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publicly perform, reproduce, edit, translate and reformat your
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Submission; to publish your name in connection with your Submission; and
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the right to sublicense such rights to any supplier of the Services.
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No compensation will be paid with respect to the use of your Submission,
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as provided herein. Microsoft is under no obligation to post or use any
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Submission you may provide, and Microsoft may remove any Submission at
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any time in its sole discretion.
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By Posting a Submission you warrant and represent that you own or
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otherwise control all of the rights to your Submission as described in
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these Terms of Use including, without limitation, all the rights
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necessary for you to provide, post, upload, input or submit the
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Submissions.
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In addition to the warranty and representation set forth above, by
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Posting a Submission that contain images, photographs, pictures or that
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are otherwise graphical in whole or in part ("Images"), you warrant and
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represent that (a) you are the copyright owner of such Images, or that
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the copyright owner of such Images has granted you permission to use
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such Images or any content and/or images contained in such Images
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consistent with the manner and purpose of your use and as otherwise
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permitted by these Terms of Use and the Services, (b) you have the
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rights necessary to grant the licenses and sublicenses described in
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these Terms of Use, and (c) that each person depicted in such Images, if
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any, has provided consent to the use of the Images as set forth in these
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Terms of Use, including, by way of example, and not as a limitation, the
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distribution, public display and reproduction of such Images. By Posting
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Images, you are granting (a) to all members of your private community
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(for each such Images available to members of such private community),
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and/or (b) to the general public (for each such Images available
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anywhere on the Services, other than a private community), permission to
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use your Images in connection with the use, as permitted by these Terms
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of Use, of any of the Services, (including, by way of example, and not
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as a limitation, making prints and gift items which include such
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Images), and including, without limitation, a non-exclusive, world-wide,
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royalty-free license to: copy, distribute, transmit, publicly display,
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publicly perform, reproduce, edit, translate and reformat your Images
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without having your name attached to such Images, and the right to
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sublicense such rights to any supplier of the Services. The licenses
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granted in the preceding sentences for a Images will terminate at the
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time you completely remove such Images from the Services, provided that,
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such termination shall not affect any licenses granted in connection
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with such Images prior to the time you completely remove such Images. No
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compensation will be paid with respect to the use of your Images.
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##########################################################################
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Notices and Procedure for Making Claims of Copyright Infringement
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Pursuant to Title 17, United States Code, Section 512(c)(2),
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notifications of claimed copyright infringement should be sent to
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Service Provider's Designated Agent. All inquiries not relevant to the
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following procedure will not receive a response.
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Visit Infringement Notices to locate the notice and procedure for making
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claims of copyright infringement.
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##########################################################################
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Links to Third-party Sites
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The links in this area will let you leave Microsoft’s site. The linked
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sites are not under the control of Microsoft and Microsoft is not
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responsible for the contents of any linked site or any link contained in
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a linked site, or any changes or updates to such sites. Microsoft is not
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responsible for webcasting, or any other form of transmission received
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from any linked site. Microsoft is providing these links to you only as
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a convenience, and the inclusion of any link does not imply endorsement
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by Microsoft of the site.
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##########################################################################
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Unsolicited Idea Submission Policy
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Microsoft or any of its employees do not accept or consider unsolicited
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ideas, including ideas for new advertising campaigns, new promotions,
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new products or technologies, processes, materials, marketing plans or
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new product names. Please do not send any original creative artwork,
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samples, demos, or other works. The sole purpose of this policy is to
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avoid potential misunderstandings or disputes when Microsoft’s products
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or marketing strategies might seem similar to ideas submitted to
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Microsoft. So, please do not send your unsolicited ideas to Microsoft or
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anyone at Microsoft. If, despite our request that you not send us your
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ideas and materials, you still send them, please understand that
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Microsoft makes no assurances that your ideas and materials will be
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treated as confidential or proprietary.
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