(Last Updated: June 2005)
Microsoft Games Studio
(MGS) Web Sites are comprised of various Web pages and services operated by
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 or its
affiliates (collectively, "MGS Web Sites").
MGS Web Sites are offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
MGS Web Sites constitutes your agreement to all such terms, conditions, and
notices. MGS Web Sites may also contain additional terms that govern particular
features or offers (for example, sweepstakes or chat areas) ("Additional
Terms").
In the event that any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines contained
within MGS Web Sites, then these terms shall control.
Access to some MGS Web Site features may require a Windows LiveTM
ID account. See
http://login.live.com/gls.srf?urlID=MSNPrivacyStatement
for the terms and conditions that govern the use of Windows Live ID.
See the Privacy Statement
for disclosures relating to the collection and use of your personal information.
Microsoft reserves the
right to change the terms, conditions, and notices under which MGS Web Sites are
offered, including but not limited to the charges, if any, associated with the
use of MGS Web Sites. You are responsible for regularly reviewing these terms
and conditions and your continued use of the website acknowledge your agreement.
Unless otherwise specified,
MGS Web Sites are 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 MGS Web Sites.
MGS Web Sites 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.
Any dealings with third parties (including advertisers) included within or
available via a link from MGS Web Sites or participation in promotions,
including the delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with such dealings
or promotions, are solely between you and the advertiser or other third party.
Microsoft shall not be responsible or liable for any part of any such dealings
or promotions.
As a condition of your use
of MGS Web Sites, you warrant to Microsoft that you will not use MGS Web Sites
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use MGS Web Sites in any manner which could damage,
disable, overburden, or impair MGS Web Sites or interfere with any other party's
use and enjoyment of MGS Web Sites. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through MGS Web Sites.
MGS Web Sites 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:
Your use of the
Communication Services is also subject to the Code of Conduct.
Microsoft has no obligation to monitor the Communication Services. However,
Microsoft reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Microsoft reserves
the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
Microsoft reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Microsoft's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Microsoft does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, Microsoft specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized Microsoft spokespersons, and their views do not necessarily reflect
those of Microsoft.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, and you are responsible
for adhering to such limitations if you download the materials.
Some content and features
of Xbox Live Web area of MGS
Web Sites may only be accessed by if you are a subscriber to the Xbox Live service and have a valid Windows
Live ID account. To establish access to
these Xbox Live Web features,
you will be asked validate your Xbox Live subscriber 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 MGS Web Sites with your
Windows Live ID account. 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
Windows Live ID 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.
Microsoft does not claim
ownership of the materials you provide to Microsoft (including feedback and
suggestions) or post, upload, input or submit to any MGS 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 MGS Web Sites.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Microsoft is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Microsoft's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
Software and content (if
any) that is made available to download from MGS Web Sites, 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 particular MGS 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
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MGS WEB SITES 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 MGS WEB SITES AT ANY TIME. ADVICE RECEIVED VIA
MGS WEB SITES 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.
MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
MGS WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MICROSOFT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT
OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
MGS WEB SITES. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR
LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING
INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT
RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN MGS WEB SITES BY ANY
THIRD PARTY.
IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
MGS WEB SITES, WITH THE DELAY OR INABILITY TO USE MGS WEB SITES OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
MGS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF MGS WEB SITES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MGS
WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MGS WEB SITES.
TERMINATION/ACCESS RESTRICTION
Microsoft reserves the right, in its sole discretion, to terminate your access
to any or all MGS Web Site and the related services or any portion thereof at
any time, without notice.
Claims for enforcement,
breach or violation of duties or rights under this agreement shall be
adjudicated under the laws of the State of
All
contents of MGS Web Sites are: Copyright © 2005 Microsoft Corporation and/or its
suppliers,
TRADEMARKS
Microsoft, the Windows Live ID logo,
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the 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 Infringement at
www.microsoft.com/info/cpyrtInfrg.htm