(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 Live™ ID account. See http://login.live.com/gls.srf?urlID=MSNPrivacyStatement for the terms and conditions that govern the use of Windows Live ID.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
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.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
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.
LINKS TO THIRD PARTY 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.
NO UNLAWFUL OR PROHIBITED USE
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.
USE OF COMMUNICATION SERVICES
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.
USE OF XBOX LIVE WEB
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.
MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MGS WEB SITE
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 sub licensees 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 AVAILABLE ON MGS WEB SITES
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.
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 Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of MGS Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of MGS Web Sites. You agree to indemnify and hold Microsoft, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on MGS Web Sites. Microsoft reserves the right to disclose any personal information about you or your use of MGS Web Sites, including its contents, without your prior permission if Microsoft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Microsoft or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Microsoft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of MGS Web Sites or information provided to or gathered by Microsoft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Microsoft with respect to MGS Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to MGS Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
contents of MGS Web Sites are: Copyright © 2005 Microsoft Corporation and/or
its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All
Microsoft, the Windows Live ID logo, Xbox, Xbox Live, the Xbox logos, and/or other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
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