| Xbox.com Terms of Use and Notices
The XBOX.COM Web Site is comprised of various Web pages and services operated by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 or its affiliates (collectively, the "Xbox.com Web Site"). PRIVACY AND PROTECTION OF PERSONAL INFORMATIONSee the Privacy Statement at http://privacy.microsoft.com/en-us/default.aspx for disclosures relating to the collection and use of your personal information. MODIFICATION OF THESE TERMS OF USEMicrosoft reserves the right to change the terms, conditions, and notices under which the Xbox.com Web Site is offered, including but not limited to the charges, if any, associated with the use of the Xbox.com Web Site. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement. PERSONAL AND NON-COMMERCIAL USE LIMITATIONUnless otherwise specified, the Xbox.com Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Xbox.com Web Site. LINKS TO THIRD PARTY SITESThe Xbox.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Microsoft is not responsible for webcasting or any other form of transmission received from any Linked Site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site or any association with its operators. NO UNLAWFUL OR PROHIBITED USEAs a condition of your use of the Xbox.com Web Site, you warrant to Microsoft that you will not use the Xbox.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Xbox.com Web Site in any manner which could damage, disable, overburden, or impair the Xbox.com Web Site or interfere with any other party's use and enjoyment of the Xbox.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Xbox.com Web Site. USE OF COMMUNICATION SERVICESThe Xbox.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes. • Upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. • Use any material or information, including images or photographs, which is made available through the Xbox.com Web Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. • Conduct or forward surveys, contests, pyramid schemes or chain letters. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including e-mail addresses, without their consent. • Violate any applicable laws or regulations. • Create a false identity for the purpose of misleading others. Your use of the Communication Services is also subject to the Code of Conduct. USE OF XBOX LIVE WEBSome content and features of Xbox Live Web area of the Xbox.com Web Site may only be accessed by if you are a subscriber to the Xbox Live service and have a valid .Net Passport account. To establish access to these Xbox Live Web features, you will be asked validate your Xbox Livesubscriber status by providing personal information associated with your Xbox Live subscription (for example, the billing address and other information used to create your Xbox Live subscription). Once you have validated your Xbox Live subscriber status, you may log into the Xbox Live Web area of the Xbox.com Web Site with your .Net Passport. Because information personal to your Xbox Live subscription will thereafter be available to you via the Xbox Live Web, you are entirely responsible for maintaining the confidentiality of your .Net Passport password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account on the Xbox Live Web. Microsoft will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account. You may not use anyone else’s account at any time, without the permission of the account holder. If at any time you no longer wish to access the Xbox Live Web and/or information related to your Xbox Live subscription, contact customer support at 1.800.4MY.XBOX. MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY XBOX.COM WEB SITEMicrosoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to any Xbox.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, and the right to sublicense such rights to any Xbox game publisher or supplier of the Xbox.com Web Site. SOFTWARE AND CONTENT AVAILABLE ON THE XBOX.COM WEB SITESoftware and content (if any) that is made available to download from the Xbox.com Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Microsoft Corporation and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Microsoft Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particularXbox.com Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Microsoft and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. LIABILITY DISCLAIMERTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE XBOX.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE XBOX.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE XBOX.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. GENERALClaims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Xbox.com Web Site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of the Xbox.com Web Site. You agree to indemnify and hold Microsoft, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Xbox.com Web Site. Microsoft reserves the right to disclose any personal information about you or your use of the Xbox.com Web Site, including its contents, without your prior permission if Microsoft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Microsoft or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Microsoft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Xbox.com Web Site or information provided to or gathered by Microsoft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Microsoft with respect to the Xbox.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to the Xbox.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES:All contents of the Xbox.com Web Site are: Copyright © 2004 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. |