Published:
Effective: 15 September 2016
Microsoft Services Agreement
Your PrivacyYour Privacy1_YourPrivacy
Summary

1. Your Privacy. Your privacy is important to us. Please read the Microsoft Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others; postings or feedback submitted by you to Microsoft via the Services; and the files, photos, documents, audio, digital works and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.

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Your ContentYour Content2_yourContent
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2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

  • a. When you share Your Content with other people, you expressly agree that anyone you’ve shared Your Content with may, for free and worldwide, use, save, record, reproduce, transmit, display, communicate (and on HealthVault delete) Your Content. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use and retention of Your Content through the Services won't violate any law or rights of others. We strongly advise you to make regular back-up copies of Your Content. Microsoft can't be held responsible for Your Content or the material others upload, store or share using our Services.
  • b. To the extent necessary to provide the Services to you and others (which may include changing the size, shape or format of Your Content to better store or display it to you), to protect you and the Services and to improve Microsoft products and services, you grant Microsoft a worldwide and royalty free intellectual property licence to use Your Content, for example, to make copies of, retain, transmit, reformat, distribute via communication tools and display Your Content on the Services. If you publish Your Content in areas of the Service where it is rendered available online publicly or without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how Microsoft personalises advertising are available on the Security & privacy page of the Microsoft account management website. We do not use what you say in email, chat, video calls or voicemail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.
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Code of ConductCode of Conduct3_codeOfConduct
Summary

3. Code of Conduct.

  • a. Content, material or actions that violate these Terms are not permitted. By agreeing to these Terms, you’re under the obligation to follow these rules:
    • i. Don’t do anything illegal.
    • ii. Don’t engage in any activity that exploits, harms or threatens to harm children.
    • iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages) or instant messages.
    • iv. Don’t publicly display or use the Services to share any inappropriate Content or other material (involving, for example, nudity, bestiality, pornography, graphic violence or criminal activity).
    • v. Don’t engage in activity that is false or misleading (e.g. asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings or comments).
    • vi. Don’t willfully circumvent any restrictions on access to or availability of the Services.
    • vii. Don’t engage in activity that is harmful to you, the Services or others (e.g. transmitting viruses, stalking, posting terrorist content, communicating hate speech or advocating violence against others).
    • viii. Don’t infringe upon the rights of others (e.g, unauthorised sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps or photographs).
    • ix. Don’t engage in activity that violates the privacy of others.
    • x. Don’t help others break these rules.
  • b. Enforcement. We reserve the right to deny Your Content if it exceeds limits on storage or file size allowed by the Service. In addition, if you violate any of the obligations listed in section 3(a) above or otherwise materially violate these Terms, we may take action against you including (without limitation) stopping providing Services or closing your Microsoft account or Skype account immediately for good cause or blocking delivery of a communication (like email or instant message) to or from the Services. We also reserve the right to remove or block Your Content from the Services at any time if it is brought to our attention that it may violate applicable law or these Terms. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we do not monitor the Services and make no attempt to do so.
  • c. Application to Xbox Services. Click here for more information about how this Code of Conduct applies to Xbox Live, Games for Windows Live and Microsoft Studios games, applications, services and content provided by Microsoft.
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Using the Services & SupportUsing the Services & Support4_usingTheServicesSupport
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4. Using the Services & Support.

  • a. Microsoft account or Skype account. You’ll need a Microsoft account to access many of the Services. Your Microsoft account lets you sign in to products, websites and services provided by Microsoft and some Microsoft partners. To access Skype on certain platforms, you have the option of using a Skype account or a Microsoft account.
    • i. Creating an Account. You can create a Microsoft account or a Skype account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Microsoft account or Skype account. In some cases, a third party, like your Internet Service Provider, may have assigned a Microsoft account to you. If you received your Microsoft account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Microsoft account. Please review any additional terms the third party provided you, as Microsoft has no responsibility regarding these additional terms. If you create a Microsoft account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Microsoft account or Skype account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Microsoft account or Skype account.
    • ii. Account Use. You must use your Microsoft account to keep it active. This means you must sign in at least once in a five-year period to keep your Microsoft account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Microsoft account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Microsoft account. You must sign into your Outlook.com inbox and your OneDrive (separately) at least once in a one-year period, otherwise we will close your Outlook.com inbox and your OneDrive for you. You must sign in to the Xbox Services (defined in section 13(a)(i)) at least once in a five-year period to keep the gamertag associated with your Microsoft account. If we reasonably suspect that your Microsoft account or Skype account is being used by a third party fraudulently (for example, as a result of an account compromise), Microsoft may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Microsoft account, please visit this website (http://go.microsoft.com/fwlink/?LinkId=238656). To manage your Skype account, you must "Sign In" at www.skype.com.
    • iii. Kids and Accounts. By signing up, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please do not create a Microsoft account or Skype account before you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor that creates a Microsoft account or Skype account, you accept these Terms on the minor’s behalf and are responsible for supervising your minor child in the use of the Microsoft account, Skype account, or Services, including purchases, whether the minor’s account is now open or created later.
    • iv. Closing Your Account.
      • 1. In addition to any rights you have to cancel as specified in the "Refund Policy" section below (section 9(g)), you can cancel specific Services or close your Microsoft account or Skype account at any time and for any reason. To close your Microsoft account, please visit http://go.microsoft.com/fwlink/p/?linkid=618278. When you ask us to close your Microsoft account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Microsoft account will be closed. See section 4(a)(iv)(2) below for a detailed explanation as to what happens when your Microsoft account is closed. Logging back in during that 60 day period will reactivate your Microsoft account. To cancel your Skype account please submit a support request to http://go.microsoft.com/fwlink/p/?linkid=618280.
      • 2. If your Services are cancelled or your Microsoft account or Skype account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your licence to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Microsoft account or Skype account or will otherwise disassociate it from you and your Microsoft account or Skype account (unless we are required by law to keep it). As a result you will no longer be able to access any of the Services (or Your Content that you’ve stored on those Services) that require a Microsoft account. You should have a regular backup plan. Third, you may lose access to material or products you’ve acquired.
  • b. Work or School Accounts. You can sign in to certain Microsoft services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files. You further agree that your use of the services may be subject to the agreements that Microsoft has with you or your organisation and these terms do not apply. If you use a work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Microsoft account in order to continue accessing such Services.
  • c. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/mobile plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
  • d. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications and information the law requires us to provide to the email associated with your Microsoft account or, for Skype notifications, your Skype account. If you gave us your phone number in connection with your Microsoft account or Skype account, then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS. We recommend you monitor and maintain the email address you specified. If you don't consent to receive notices electronically, you must stop using the Services.
  • e. Support. Customer support for the Services is available at http://support.microsoft.com. You may also send a notice to Microsoft following the procedures detailed in the Notices section of these Terms. If you live in Europe and are unable to resolve your issue through our customer support channels, you have the option to refer the issue to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. The Microsoft contact email to include as part of your submission is MSODR@microsoft.com. Please note that this email address is only intended for use with the EU’s ODR platform and is not a point of contact for general support or questions.
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Using Third-Party Apps and ServicesUsing Third-Party Apps and Services5_usingThird-PartyAppsAndServices
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5. Using Third-Party Apps and Services. Our Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t Microsoft) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. See section 13(b) for additional terms for applications acquired through the Office Store, the Xbox Store or the Windows Store. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify these Terms. Microsoft does not license any intellectual property to you as part of any Third-Party Apps and Services. You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that Microsoft is not responsible for any issues arising out of your use of them. Microsoft is not responsible for information provided by third parties.

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Service AvailabilityService Availability6_serviceAvailability
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6. Service Availability.

  • a. The Services, Third Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your Microsoft account, you may need to re-acquire material or applications that were available to you and paid for in your previous region.
  • b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages. In the event of an outage or disruption to the Service, you may not be able to retrieve Your Content. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
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Updates to the Services or Software, and Changes to These TermsUpdates to the Services or Software and Changes to These Terms7_updatesToTheServicesOrSoftwareAndChangesToTheseTerms
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7. Updates to the Services or Software and Changes to These Terms.

  • a. We'll inform you if we intend to change these Terms. We may change these Terms if it is necessary due to (i) applicable law, including, but not limited to, a change of such law; (ii) an advice and/or order based on applicable law; (iii) the evolution of the Services; (iv) technical reasons; (v) operational requirements or (vi) an advantageous change of terms for the user. We'll inform you of the intended change before it takes effect, either through the user interface, in an email message or through other reasonable means. We'll provide you the opportunity to cancel the Services at least 30 days before the change becomes effective. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services and close your Microsoft account and/or Skype account in accordance with section 4(a)(iv). We'll also expressly point to this fact when informing you about the intended change of these Terms.
  • b. We may automatically check your version of the software, which is necessary to provide the Services, and download software updates or configuration changes, without charging you, to update, enhance and further develop the Services. You may also be required to update the software to continue using the Services. Such updates shall be subject to these Terms unless additional or other terms accompany the updates, in which case, those other terms apply. If you decline to accept the additional or other terms applicable to the updates, you may not receive or use the updates. Microsoft isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the software.
  • c. We continuously work to improve the Services and may change the Services or delete features or stop providing access to Third-Party Apps and Services in that respect at any time, including, without limitation, if our agreements with third parties no longer permit us to make their material available, if it is no longer feasible for us to provide it, the technology advances, or if customer feedback indicates a change is needed. We will notify you in advance if a change to the Services will cause you to lose access to Your Content. For paid Services, we'll also notify you in advance of other material changes to the Services. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 13(k)) or applications previously purchased. If we cancel a paid Service, we’ll refund to you on a pro-rata basis the amount of payments that you've made corresponding to the portion of that Service remaining right before the cancellation.
  • d. So that you can use material protected with digital rights management (DRM), like some music, games, films and more, DRM software may automatically contact an online rights server and download and install DRM updates.
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Software LicenceSoftware Licence8_softwareLicense
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8. Software Licence. Unless accompanied by a separate Microsoft licence agreement (for example, if you are using a Microsoft application that is included with and a part of Windows, then the Microsoft Software Licence Terms for the Windows Operating System govern such software), and except as provided in section 13(b)(i) below for applications available through the Office Store, the Windows Store or the Xbox Store, any software provided by us to you as part of the Services is subject to these Terms.

  • a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Microsoft. Notices, if any, for the third-party code are included for your information only.
  • b. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft under these Terms. This licence does not give you any right to, and you may not, unless expressly permitted by applicable law:
    • i. circumvent or bypass any technological protection measures in or relating to the software or Services;
    • ii. disassemble, decompile, decrypt, hack, emulate, exploit or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
    • iii. separate components of the software or Services for use on different devices;
    • iv. publish, copy, rent, lease, sell, export, import, distribute or lend the software or the Services, unless Microsoft expressly authorises you to do so;
    • v. transfer the software, any software licences, or any rights to access or use the Services;
    • vi. use the Services in any unauthorised way that could interfere with anyone else’s use of them or gain access to any service, data, account or network;
    • vii. enable access to the Services or modify any Microsoft-authorised device (e.g. Xbox One, Xbox 360, Microsoft Surface, etc) by unauthorised third-party applications.
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Payment TermsPayment Terms9_paymentTerms
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9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

  • a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services includes all applicable taxes, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Microsoft account was registered, unless stated otherwise. After we have given you notice that we did not receive an on-time, full payment from you, we may suspend or cancel the Services if you do not immediately make the full payment. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.
  • b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Microsoft account management website and for your Skype billing account by signing in to your account at www.skype.com. Additionally, you agree to permit Microsoft to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. If you tell us to stop using your payment method and don't provide us with another payment method after our notice to you to do so within an appropriate timeframe, we may suspend or cancel your paid Service for good cause. Changes made to your billing account won't affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
  • c. Billing. By providing Microsoft with a payment method, you (i) represent that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorise Microsoft to charge you for the Services or available content using your payment method and (iii) authorise Microsoft to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. As specified, we may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services and, in the case of a price change, provide you with the opportunity to cancel the Services before the price changes. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
  • d. Recurring Payments. When you purchase the Services on a subscription basis (e.g. monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorising recurring payment and payments shall be made to Microsoft by the method you have chosen at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Microsoft. By authorising recurring payments, you are authorising Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
  • e. Automatic Renewal. Provided that automatic renewals are allowed in your country, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
  • f. Online Statement and Errors. Microsoft will provide you with an online billing statement on the Microsoft account management website, where you can view and print your statement. For Skype accounts you can access your online statement by signing in to your account at www.skype.com. This is the only billing statement that we provide. An invoice with VAT may be made available depending on the Service and country. If we make an error on your bill, we’ll correct it promptly after you tell us (or we notice it) and we investigate the charge. We recommend that you tell us within 120 days after an obvious error first appears on your bill as it is easier for us to resolve the issue during that period.
  • g. Refund Policy. You will be entitled to a cancellation period (a "Cooling-Off Period") of fourteen (14) days from the day of purchase, with or without cause. If the Service is partly delivered at the time of cancellation, you will get a pro-rated refund. The Cooling-Off Period ends at the time the Service is fully delivered to you and your purchase cannot be refunded. When you purchase digital content from us, you will cease to have the right to cancel from the moment when you begin the download. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. For all Services other than Skype, information and directions on how to cancel a Service and request a refund using our Withdrawal Form, if you are entitled to a refund, is provided on Microsoft account management website. For Skype, please complete the Withdrawal Form using the information provided here. If you believe that Microsoft has charged you in error, you must contact Microsoft and we will investigate the charge. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any rights under applicable law. For more refund information, please visit our help topic.
  • h. Terminating the Services. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your Services end at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.
  • i. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s) at the price notified to you prior to the end of the trial period.
  • j. Promotional Offers. From time to time, Microsoft may offer Services for a trial period during which Microsoft will not charge you for the Services. Microsoft reserves the right to charge you for such Services (at the normal rate) in the event that Microsoft determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
  • k. Price Changes. If there is a fixed term and price for your Service offer, that price will remain in force for the term. You will need to agree to any new offer and price if you want to continue the Services. If your Services are on a periodic basis (for example, monthly), with no specific time length, and isn't a trial offer, we may change the price of the Services up to 5 per cent per year if we inform you at least 30 days before the change will become effective. You will have the opportunity to cancel the Services before the price changes. When we notify you of the price change, we'll also inform you that the new price will become effective if you don't cancel the Services.
  • l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust it for any previous overpayment.
  • m. Late payments. In case of late payments, you must pay for the reasonable costs we incur to collect any past due amounts including attorneys' fees and other legal fees and costs, as permitted by law and regulations. We may suspend or cancel your Services if you fail to pay in full on time after we send you a reminder – with the threat of suspension and/or cancellation of the Services – to make your payment within an appropriate time. You can avoid suspension or cancellation if you make the required payment within the appropriate time set forth in the reminder. A different procedure will apply if the amount missing is marginal. Amounts missing below 2 per cent of the total invoice value will always be deemed marginal. Suspension or cancellation of the Services for non-payment could result in the loss of access to your Microsoft account.
  • n. Gift Cards. Redemption and use of gift cards (other than Skype gift cards) are governed by the Microsoft Gift Card Terms and Conditions. Information on Skype gift cards is available on Skype’s Help page.
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Contracting Entity, Choice of Law and Place to Resolve DisputesContracting Entity, Choice of Law and Place to Resolve Disputes10_11_contractingEntityChoiceOfLaw
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10. Contracting Entity, Choice of Law and Place to Resolve Disputes.

  • a. For Skype-branded Services. For use of cost-free, consumer Skype-branded software and Services, you're contracting with, and all references to "Microsoft" in these Terms mean, Skype Software S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg, and for paid, consumer Skype-branded Services, you’re contracting with, and all references to “Microsoft” in these Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg. These Terms shall be governed by and interpreted in accordance with the laws of Luxembourg. Mandatory consumer laws are not affected by this provision.
  • b. For all other Services. If you live in (or, if you are a business, your principal place of business is in) Europe and you are using cost-free portions of the Services (such as Bing and MSN), you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. (Unified Business Identifier: 600 413 485). The laws of Washington State, USA govern all claims related to cost-free Services, without prejudice to the mandatory law provisions which apply in the country to which we direct your Services where you have your habitual residence. If you have paid to use a portion of the Services (such as Ad-Free Outlook.com or Office-branded portions of the Services), you are contracting with Microsoft Ireland Operations Limited, The Atrium Building, Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland (registered at the Companies Registration Office in Ireland under number 256796, VAT registration number: IE 8256796 U, with a registered address of 70 Sir John Rogerson’s Quay, Dublin 2, Ireland). The laws of the country to which we direct your Services where you have your habitual residence govern all claims relating to paid Services. With respect to jurisdiction, you and Microsoft agree to choose the courts of the country to which we direct your Services where you have your habitual residence for all disputes arising out of or relating to these Terms, or in the alternative, you may choose the responsible court in Ireland.
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WarrantiesWarranties12_Warranties
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11. Warranties. If you are a consumer, you have certain rights under the law. These rights include an obligation on Microsoft to provide the Services using reasonable care and skill. Nothing in these terms is intended to limit or exclude our liability for any breach by Microsoft of this. EXCEPT IN CASES IN WHICH WE HAVE HIDDEN DEFECTS IN BAD FAITH OR DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE AND EXCEPT FOR SKYPE PAID PRODUCTS, WE PROVIDE THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." WE DON’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORY WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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Limitation of LiabilityLimitation of Liability13_limitationOfLiability
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12. Limitation of Liability.

  • a. Microsoft shall not be liable for Your Content, material or other third party material, including links to third-party websites and activities provided by users. Such content and activities are neither attributable to Microsoft nor do they represent Microsoft’s opinion.
  • b. Microsoft shall only be liable if material obligations of the Agreement have been violated.
  • c. Microsoft, its vicarious agents and/or its legal representatives shall not be liable for any indirect damage, including financial loss, such as loss of profit, unless Microsoft, its vicarious agents and/or its legal representative have at least acted with gross negligence or willful misconduct.
  • d. Any statutory no-fault liability of Microsoft, including statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to liability of Microsoft, its vicarious agents and/or its legal representatives in the event of fraud or their negligence resulting in personal injury or death.
  • e. Microsoft is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Microsoft’s reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). Microsoft will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected.
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Service-Specific TermsService-Specific Terms14_service-SpecificTerms
Summary

13. Service-Specific Terms. The terms before and after section 13 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms.

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Xbox Live and Microsoft Studios Games and ApplicationsXbox Live and Microsoft Studios Games and Applications14a_XboxLive
Summary
  • a. Xbox Live and Microsoft Studios Games and Applications.
    • i. Personal Noncommercial Use. Xbox Live, Games for Windows Live and Microsoft Studios games, applications, services and content provided by Microsoft (collectively, the "Xbox Services") are only for your personal and noncommercial use.
    • ii. Sharing Limited Account Information. As part of delivering the Xbox Services, we make information pertaining to your gamertag, gameplay, Your Content that you make public and activity on and usage of any Xbox Service available for the operation and delivery of (a) other Xbox Services and (b) third-party games that use Xbox Services. If you choose to link your Microsoft Xbox Services account with your account on a non-Microsoft service (for example, a non-Microsoft game publisher of Third-Party Apps and Services), you agree that: (a) Microsoft may share limited account information (including without limitation gamertag, gamerscore, game score, game history and friends list), with that non-Microsoft party as stated in the Microsoft Privacy Statement, and (b) if allowed by your Xbox privacy settings, the non-Microsoft party may also have access to Your Content from in-game communications when you are signed in to your account with that non-Microsoft party. Also, if allowed by your Xbox privacy settings, Microsoft can publish your name, gamertag, gamerpic, motto, avatar and games that you’ve played in communications to people on your Xbox friends list.
    • iii. Your Content. As part of building the Xbox Services community, you grant to Microsoft, its affiliates and sublicensees a free and worldwide right, to use, modify, reproduce, distribute and display Your Content or your name, gamertag, motto or avatar that you posted for any Xbox Services in whole or in part by any means or processes on any materials or support.
    • iv. Game Managers. Some games may use game managers and hosts. Game managers and hosts are not authorised Microsoft spokespersons. Their views do not necessarily reflect those of Microsoft.
    • v. Kids on Xbox. If you are a minor using Xbox Live, your parent or guardian may have control over many aspects of your account and may receive reports about your use of Xbox Live.
    • vi. Game Currency or Virtual Goods. The Services may include a virtual, game currency (like gold, coins or points) that may be purchased from Microsoft using actual monetary instruments if you are a legal adult in your country of residence. The Services may also include virtual, digital items or goods that may be purchased from Microsoft using actual monetary instruments or using game currency. Game currency and virtual goods may never be redeemed for actual monetary instruments, goods or other items of monetary value from Microsoft or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicensable licence to use the game currency and virtual goods in the Services only, you have no right or title in or to any such game currency or virtual goods appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Microsoft may change its offerings around game currency or virtual goods from time to time.
    • vii. Software Updates. For any device that can connect to Xbox Services, we may automatically check your version of Xbox console software or the Xbox App software and download Xbox console or Xbox App software updates or configuration changes, including those that prevent you from accessing the Xbox Services, using unauthorised Xbox games or Xbox apps, or using unauthorised hardware peripheral devices with an Xbox console.
    • viii. Gamertag Expiry. You must sign in to Xbox Services at least once in a five-year period, otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others.
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StoreStore14b_Store
Summary
  • b. Store. "Store" refers to a Service that allows you to browse, download, purchase and rate and review applications (the term "application" includes games) and other digital content. These Terms cover use of Office Store, Windows Store and Xbox Store. "Office Store" means a Store for Office products and apps for Office, SharePoint, Exchange, Access and Project (2013 versions or later). "Windows Store" means a Store for Windows devices such as phone, PC and tablet or any other experience that is branded Windows Store. "Xbox Store" means a Store for Xbox ONE and Xbox 360 consoles, or any other experience that is branded Xbox Store.
    • i. Licence Terms. We will identify the publisher of each application available in the relevant Store. The Standard Application License Terms ("SALT") at the end of these Terms are an agreement between you and the application publisher setting forth the licence terms that apply to your use of an application you download through the Windows Store or the Xbox Store, unless different licence terms are provided with the application. Section 5 of these Terms applies to any Third-Party Apps and Services acquired through a Store.
    • ii. Updates. Microsoft will automatically check for and download updates to your applications, even if you are not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications. However, certain Office Store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update.
    • iii. Ratings and Reviews. If you submit a rating or review for an application in the Store, you may receive email from Microsoft containing content from the publisher of the application. Any such email comes from Microsoft; we do not share your email address with publishers of applications you acquire through the Store.
    • iv. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.
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Microsoft FamilyMicrosoft Family14c_MicrosoftFamily
Summary
  • c. Microsoft Family Features. Parents and kids can use Microsoft family features to build trust based on a shared understanding of what behaviours, websites, apps, games, physical locations and spending is right in their family. Parents can create a family by going to https://account.microsoft.com/family (or by following the instructions on their Windows device or Xbox console) and inviting kids or other parents to join. There are many features available to family members, so please carefully review the information provided when you agree to create or join a family. By creating or joining a family, you represent that you will use the family in accordance with its purpose and won’t use it in an unauthorised way to unlawfully gain access to another person’s information.
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Group MessagingGroup Messaging14d_GroupMessaging
Summary
  • d. Group Messaging. Various Microsoft services allow you to send messages to others via voice or SMS ("messages"), and/or allow Microsoft and Microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf. WHEN YOU INSTRUCT MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES. "Administrative text messages" are periodic transactional messages from a particular Microsoft service, including but not limited to a "welcome message" or instructions on how to stop receiving messages. You or group members no longer wishing to receive such messages can opt out of receiving further messages from Microsoft or Microsoft-controlled affiliates at any time by following the instructions provided. If you no longer wish to receive such messages or participate in the group, you agree that you will opt out through the instructions provided by the applicable program or service. If you have reason to believe that a group member no longer wishes to receive such messages or participate in the group, you agree to remove them from the group. You also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from US-based numbers.
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Skype and GroupMeSkype and GroupMe14e_Skype
Summary
  • e. Skype and GroupMe.
    • i. No Access to Emergency Services. There are important differences between traditional telephone services and Skype. Skype is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law. Skype’s software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). Skype may support calls to Emergency Services in a very limited number of countries and for limited software versions and platforms only. You can find details about availability and how to configure this feature here: http://www.skype.com/go/emergency. If your emergency call is connected, you will need to provide details of your physical location to enable the emergency services to respond to you. Skype does not guarantee that your emergency call will be connected. You acknowledge and agree that: (i) it is your responsibility to purchase, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services and (ii) Skype is not a replacement for your primary telephone service. Find out more about calling 112, the dedicated emergency number for the EU at www.skype.com/go/emergency.
    • ii. Changes to Skype paid products. If we make changes to Skype paid products which are detrimental to you, we’ll give you at least thirty days’ notice of the changes and inform you of your right to terminate the affected product before it changes. If you do not terminate the product before the changes take effect, you agree to the changes. We will expressly inform you of this fact when we notify you.
    • iii. APIs or Broadcasting. If you want to use Skype in connection with any broadcast, you must comply with the "Broadcast TOS" at http://www.skype.com/go/legal.broadcast. If you want to use any application programme interface ("API") exposed or made available by Skype you must comply with the applicable licensing terms, which are available at www.skype.com/go/legal.
    • iv. Fair Use Policies. Fair usage policies may apply to your use of Skype. Please review these policies which are designed to protect against fraud and abuse and may place limits on the type, duration or volume of calls or messages that you are able to make. These policies are incorporated in these Terms by reference. You can find these policies at http://www.skype.com/go/terms.fairusage.
    • v. Mapping. Skype contains features that allow you to submit information to, or plot yourself on a map using, a mapping service. By using those features, you agree to these Terms and the Google Maps terms available at http://www.google.com/intl/en_ALL/help/terms_maps.html.
    • vi. Personal/Noncommercial Use. The use of Skype is for your personal and noncommercial use. You are permitted to use your personal Skype account at work for your own business communications.
    • vii. Skype Number/Skype To Go. If Skype provides you with a Skype Number or Skype To Go number, you agree that you do not own the number or have a right to retain that number forever. In certain countries, a number may be made available to you by a Skype partner rather than Skype, and you may need to enter into a separate agreement with such partner.
    • viii. Skype Manager. A "Skype Manager Admin Account" is a Skype account that is created and managed by you, acting as an individual administrator of a Skype Manager group and not as a business entity. Personal Skype accounts can be linked to a Skype Manager group ("Linked Account"). You may appoint additional administrators to your Skype Manager subject to their acceptance of these Terms. If you allocate Skype Numbers to a Linked Account, you are responsible for compliance with any requirements related to the residency or location of your Linked Account users. If you choose to unlink a Linked Account from a Skype Manager group, any allocated subscriptions, Skype Credit or Skype Numbers will not be retrievable and Your Content or material associated with the unlinked Skype account will no longer be accessible by you. You agree to process any personal information of your Linked Account users in accordance with all applicable data protection laws.
    • ix. Skype Charges and Refunds. The charges payable for calling phones outside a subscription consist of a connection fee (charged once per call) and a per-minute rate as set out on www.skype.com/go/allrates. Call charges will be deducted from you Skype Credit balance. Skype may change the rates for calling phones and premium rate numbers that are not part of a subscription. If the changes are substantial and not advantageous to you (e.g. if we increase the rates), we will inform you by email or in some other appropriate manner at least thirty (30) days before the rate changes take effect. After thirty (30) days, the new rates will apply to your next call. You can find the current rates at www.skype.com/go/allrates. If you do not accept the new rates you should not make a call. Fractional call minutes and fractional cent charges will be rounded up to the next whole unit. All prices for Skype paid products are inclusive of applicable taxes, including VAT, unless otherwise stated. VAT is calculated based on the billing address provided. You explicitly waive any right to VAT reimbursement from Skype if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you. Skype paid products are not available to customers in Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland Island, Büsingen / Buesingen Territory, Ceuta, Melilla, Livigno, Campione d'Italia and Italian Waters of Lake Lugano. If you have made use of a Skype paid product, your Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded. Expenditure of Skype Credit, allocation of a Skype Number or use of a subscription amounts to ‘full delivery’ and/or ‘use’ of a Skype paid product. You expressly agree that Skype Numbers may be allocated before the end of the Cooling-Off Period and become non-refundable upon allocation. Outside of the Cooling-Off Period, only unused or unexpired Skype subscriptions are refundable subject to these Terms. The Cooling-Off Period and refunds do not apply to Skype paid products that are (i) purchased via a third party partner; (ii) paid for in cash using third-party payment methods (such as a cash payment wallet); (iii) not directly purchased online from Skype (e.g. vouchers or pre-paid cards) or (iv) allocated to your account by a third party.
    • x. Skype Credit. Skype does not guarantee that you will be able to use your Skype Credit balance to purchase all Skype paid products. If you do not use your Skype Credit for a period of 180 days, Skype will place your Skype Credit on inactive status. You can reactivate the Skype Credit by following the reactivation link at http://www.skype.com/go/store.reactivate.credit. You can enable the Auto Recharge feature when you buy Skype Credit by ticking the appropriate box. If enabled, your Skype Credit balance will be recharged with the same amount and by your chosen payment method every time your Skype account balance goes below the threshold set by Skype from time to time. If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your Skype Credit balance will be recharged with the amount necessary to purchase your next recurring subscription. You can disable Auto-Recharge at any time by accessing and changing your settings in your Skype account.
    • xi. International Message Fees. GroupMe currently uses US-based numbers for each group created. Every text message sent to or received from a GroupMe number will count as an international text message sent to or received from the United States. Please check with your provider for the associated international rates.
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Bing and MSNBing and MSN14f_BingandMSN
Summary
  • f. Bing and MSN.
    • i. Bing and MSN Materials. The articles, text, photos, maps, videos, video players and third-party material available on Bing and MSN are for your noncommercial, personal use only. Other uses, such as downloading, copying or redistributing these materials, are permitted only to the extent specifically authorised by Microsoft or rights holders, or allowed by applicable copyright law. Microsoft or other rights holders reserve all rights to the material not expressly granted by Microsoft under the licence terms.
    • ii. Bing Maps. You may not use Bird's eye imagery of the United States, Canada, Mexico, New Zealand, Australia or Japan for governmental use without our separate written approval.
    • iii. Bing Places. When you provide your Data or Your Content to Bing Places, you grant Microsoft a worldwide, royalty-free intellectual property licence to use, reproduce, save, modify, aggregate, promote, transmit, display or distribute as part of a service and sub-license those rights to third parties.
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CortanaCortana14g_Cortana
Summary
  • g. Cortana. Cortana is Microsoft’s personal assistant Service. Cortana provides information for your planning purposes only and you should exercise your own independent judgment when reviewing and relying on this information. Microsoft does not guarantee the accuracy, completeness, reliability, availability or timeliness of inferences and personalised experiences provided by Cortana. Microsoft is not responsible if a Cortana communication management feature delays or prevents you from reviewing or sending a communication.
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Outlook.comOutlook.com14h_Outlook_com
Summary
  • h. Outlook.com. The Outlook.com (or @msn, @hotmail or @live) email address that you use to create your Microsoft account will be unique to you for as long as your Outlook.com inbox or Microsoft account is still active. In the event your Outlook.com inbox or Microsoft account is closed either by you or by Microsoft pursuant to these Terms, the email address or username may be recycled into our system and assigned to another user.
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Office-based ServicesOffice-based Services14i_officeBasedServices
Summary
  • i. Office-based Services. Office consumer-based services, applications or products (including Sway and OneNote) are for your personal, noncommercial use, unless you have commercial use rights under a separate agreement with Microsoft.
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Microsoft Health ServicesMicrosoft Health Services14j_MicrosoftHealthServices
Summary
  • j. Microsoft Health Services.
    • i. HealthVault. HealthVault is intended for you to store your personal health-related information and information about other people (such as your family) with their consent. HealthVault accounts are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any healthcare provider as informational only. The HealthVault Service does not hold records for healthcare providers or other medical or case management purposes. For example, HealthVault records are not designated record sets as defined under US regulations. If a healthcare provider decides to include any data made available from HealthVault in its records, it should store a copy in its own system. If there is a co-custodian of a record in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples' access to the record and view the record's data including how and when the record is used. Microsoft does not support non-Microsoft credentials (such as Facebook and OpenID), so HealthVault customer support will not be able to help with sign-in issues for those. If you lose your sign-in credentials, or if the account where you got your credentials closes, you will not be able to recover your stored data. To help maintain continued access, we suggest you use more than one sign-in credential with your HealthVault account. Microsoft does not endorse or control, and is not responsible for, the operation, support, or security of non-Microsoft credentials you may use.
    • ii. Microsoft Health and Microsoft Band. Microsoft Health and the Microsoft Band are not medical devices and are intended for fitness and wellness purposes only. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease. Before starting or modifying any activity or sleep programme using Microsoft Health, consult your physician. Microsoft is not responsible for any decision you make based on information you receive from Microsoft.
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Digital GoodsDigital Goods14k_DigitalGoods
Summary
  • k. Digital Goods. Through Microsoft Groove, Microsoft Films & TV, Store and any other related and future services, Microsoft may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material ("Digital Goods") that you may get in digital form. The Digital Goods are only for your personal, non-commercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Microsoft or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law and the usage rules located at http://go.microsoft.com/fwlink/p/?LinkId=723143. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Microsoft or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice.
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OneDriveOneDrive14l_OneDrive
Summary
  • l. OneDrive.
    • i. Storage Allocation. If you have more content stored in your OneDrive account than is provided to you under the terms of your free or paid subscription service for OneDrive and you do not respond to notice from Microsoft to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content on OneDrive.
    • ii. Service Performance. Depending on factors such as your equipment, Internet connection and Microsoft’s efforts to maintain the performance and integrity of its service, you may occasionally experience delays in uploading or syncing content on OneDrive.
    • iii. Notice of Expiry. We will give you at least one months’ notice before closing your OneDrive account for inactivity under section 4(a)(ii). If you are a paid OneDrive subscriber, we won’t close your account for inactivity during any period where you have paid for your OneDrive usage.
    • iv. Changes to OneDrive Service. We will notify you at least 30 days in advance if any change to free or paid OneDrive services will cause you to lose access to Your Content on OneDrive.
    • v. Paid Subscriptions. If we reduce your OneDrive data storage limits or cancel the OneDrive service, you may cancel your paid subscription for OneDrive and we’ll provide you with a pro-rated refund for such subscription. We will provide you at least 30-days’ notice of any such change and you must cancel within the period set forth in the notice.
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MiscellaneousMiscellaneous16_17_18_miscellaneous
Summary

14. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12 and those that by their terms apply after it ends will survive any termination or cancellation of these Terms. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, so long as such assignment, transfer or disposal isn’t to your detriment, at any time without notice. You may not assign, transfer or otherwise dispose of these Terms or any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreements between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, those terms shall be deemed replaced with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. These Terms are solely for your and our benefit. It isn't for the benefit of any other person, except for Microsoft’s successors and assigns. Section headings are for reference only.

15. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users and end use. For further information on geographic and export restrictions, visit http://go.microsoft.com/fwlink/?linkid=141397 and http://www.microsoft.com/exporting.

16. Unsolicited Ideas. Microsoft does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Microsoft through the Services or otherwise, you acknowledge and agree that Microsoft shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

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NOTICESNOTICESNOTICES
Summary

Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you have claims of intellectual property infringement, including claims of copyright infringement, we recommend that you send such notice to Microsoft's designated agent. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement.

Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.

Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network.

Copyright and trademark notices. The Services are copyright © 2016 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. Microsoft and the names, logos and icons of all Microsoft products, software and services may be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.

Medical notice. Microsoft does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness or wellness programme. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.

Stock quotes and index data (including index values). © 2013 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

You may not use any of the Dow Jones IndexesSM, index data or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones.

Financial notice. Microsoft isn't a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including but not limited to, investment or tax advice.

Notice about the H.264/AVC, MPEG-4 Visual and VC-1 Video Standards. The software may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL AND THE VC-1 PATENT PORTFOLIO LICENCES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENCES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE.

For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties.

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STANDARD APPLICATION LICENCE TERMSSTANDARD APPLICATION LICENCE TERMSSTANDARDAPPLICATIONLICENSETERMS
Summary

STANDARD APPLICATION LICENCE TERMS

WINDOWS STORE AND XBOX STORE

These licence terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Windows Store or the Xbox Store, including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.

IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

The application publisher means the entity licensing the application to you, as identified in the Windows Store or Xbox Store.

If you comply with these licence terms, you have the rights below.

  • 1. INSTALLATION AND USE RIGHTS. For applications you download from the Windows Store: (a) you may install and use the application on a Windows device or devices that are affiliated with the Microsoft account you use to access the Windows Store; and (b) the device limit for the application is displayed in the Store or, for some applications downloaded on the Xbox console, in our Usage Rules. For applications you download from the Xbox Store, you may install and use the application on Xbox consoles as described in our Usage Rules. Microsoft reserves the right to modify our Usage Rules at any time.
  • 2. INTERNET-BASED SERVICES.
    • a. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of the services accessed using the application, those terms also apply.
    • b. Misuse of Internet-based services. You may not use any Internet-based service in any way that you intentionally harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorised access to any service, data, account or network by any means.
  • 3. SCOPE OF LICENCE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated licence rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
    • a. Work around any technical limitations in the application.
    • b. Reverse engineer, decompile or disassemble the application, except and only to the extent that it is expressly permitted by applicable copyright law provisions for computer programmes.
    • c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.
    • d. Publish or otherwise make the application available for others to copy.
    • e. Rent, lease or lend the application.
    • f. Transfer the application or this agreement to a third party.
  • 4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.
  • 5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, go to the Microsoft exporting website.
  • 6. SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. Microsoft, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) are not responsible for providing support services for the application.
  • 7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any additional terms that accompany the application and the terms for supplements and updates are the entire licence agreement between you and application publisher for the application.
  • 8. APPLICABLE LAW.
    • a. United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them and all other claims (including consumer protection, unfair competition and tort claims), regardless of conflict of law principles.
    • b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.
  • 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
  • 10. DISCLAIMER OF WARRANTY. The application is licensed "as-is", "with all faults" and "as available". The application publisher, on behalf of itself, Microsoft (if Microsoft isn’t the application publisher), wireless carriers over whose network the application is provided and each of our respective affiliates, vendors, agents and suppliers ("Covered Parties"), give no additional contractual warranties, guarantees or conditions in relation to the application. You have all mandatory warranties foreseen by law, but we grant no other warranties. Covered Parties exclude any implied mandatory warranties, including those of merchantability, fitness for a particular purpose, safety, comfort and non-infringement.
  • 11. LIMITATION ON REMEDIES AND DAMAGES.
    • a. The application publisher shall not be liable for any user content or other third-party material, including links to third-party websites, and activities provided by users. Such content and activities are neither attributable to the application publisher nor do they represent the application publisher’s opinion.
    • b. The application publisher shall only be liable if material obligations of these licence terms have been violated.
    • c. The application publisher, its vicarious agents and/or its legal representatives shall not be liable for any unforeseeable damage and/or financial loss with respect to any indirect damage, including loss of profit, unless the application publisher, its vicarious agents and/or its legal representatives have at least acted with gross negligence or willful misconduct.
    • d. Any statutory no-fault liability of application publisher, including, without limitation, liability under the product liability act and statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to liability of application publisher, its vicarious agents and/or its legal representative in the event of fraud or their negligence resulting in personal injury or death.
    • e. No other contractual and legal claims besides those covered in subsections (i) to (iv) of this section 11 may result from these application license terms and/or the use of the application or services made available through the application.
Full text
Covered ServicesCovered Servicesserviceslist
Summary

The following products, apps and services are covered by the Microsoft Services Agreement, but may not be available in your market.

  • Account.microsoft.com
  • Advertising.microsoft.com
  • Arrow Launcher
  • Ask Cortana
  • Bing
  • Bing Apps
  • Bing Bots
  • Bing Desktop
  • Bing Dictionary
  • Bing in the Classroom
  • Bing Input
  • Bing Maps
  • Bing Navigation
  • Bing Reader
  • Bing Rewards
  • Bing Search app
  • Bing Toolbar
  • Bing Torque
  • Bing Translator
  • Bing Webmaster
  • Bing Wikipedia Browser
  • Bing.com
  • Bingplaces.com
  • Choice.microsoft.com
  • Citizen Next
  • Conditional Action Programmer
  • Cortana
  • Default Homepage and New Tab Page on Microsoft Edge
  • Dev Center App
  • Device Health App
  • Dictate
  • Docs.com
  • education.minecraft.net
  • forzamotorsport.net
  • Groove
  • Groove Music Pass
  • GroupMe
  • HealthVault
  • HealthVault Insights
  • LineBack
  • Maps App
  • Microsoft account
  • Microsoft Add-Ins for Skype
  • Microsoft Bots
  • Microsoft Family
  • Microsoft Films & TV
  • Microsoft Health
  • Microsoft Pay
  • Microsoft Support and Recovery Assistant for Office 365
  • Microsoft Translator
  • Microsoft Wallpaper
  • Microsoft XiaoIce
  • MSN Dial Up
  • MSN Explorer
  • MSN Food & Drink
  • MSN Health & Fitness
  • MSN Money
  • MSN News
  • MSN Premium
  • MSN Sports
  • MSN Travel
  • MSN Weather
  • MSN.com
  • News Pro App and Website
  • Next Lock Screen
  • Office 365 Consumer
  • Office 365 Home
  • Office 365 Personal
  • Office 365 University
  • Office Online
  • Office Store
  • Office Sway
  • Office.com
  • OneDrive
  • OneDrive.com
  • OneNote.com
  • Outlook.com
  • Paint 3D
  • Picturesque Lock Screen
  • Pix Lock
  • Pocket Skills
  • Presentation Translator
  • Remix 3D
  • Ruuh
  • Seeing AI
  • Send
  • Skype
  • Skype in the Classroom
  • Skype Interviews
  • Skype Manager
  • Skype Qik
  • Skype.com
  • Smart Search
  • Spreadsheet Keyboard
  • Store
  • Sway.com
  • to-do.microsoft.com
  • Tossup
  • Translator
  • Translator for Microsoft Edge
  • Translator Live
  • UrWeather
  • Video Breakdown
  • Visio Online
  • Windows Live Mail
  • Windows Live Writer
  • Windows Movie Maker
  • Windows Photo Gallery
  • Windows Store
  • Xbox and Windows Games, apps and websites published by Microsoft
  • Xbox Game Pass
  • Xbox Live
  • Xbox Live Gold
  • Xbox Music
  • Xbox Store
Full text
15 July 20160