KinectShare.com Service Agreement

(Last Updated: June 2011)

The KINECTSHARE.COM Website is comprised of various webpages and services operated by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 or its affiliates, (collectively, the "KinectShare.com Website").

The KinectShare.com Website is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the KinectShare.com Website constitutes your agreement to all such terms, conditions, and notices. When using Xbox LIVE to interact with the KinectShare.com Website, you are also subject to the Xbox LIVE and Games for Windows LIVE Terms of Use (“Xbox LIVE Terms of Use”), including the Xbox LIVE Code of Conduct (“Xbox LIVE Code of Conduct”). The KinectShare.com Website 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 Xbox LIVE Terms of Use, the Additional Terms or other terms and guidelines contained within the KinectShare.com Website, then these terms shall control.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at www.kinectshare.com/content/corporate/privacy.aspx for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE

Microsoft reserves the right to change the terms, conditions, and notices under which the KinectShare.com Website is offered, including but not limited to the charges, if any, associated with the use of the KinectShare.com Website. You are responsible for regularly reviewing these terms and conditions and your continued use of the Website acknowledges your agreement.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the KinectShare.com Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the KinectShare.com Website.

LINKS TO THIRD PARTY SITES

The KinectShare.com Website may contain links to or feeds from other websites ("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, any changes or updates to a Linked Site, or any information transmitted on a 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 the KinectShare.com Website 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 the KinectShare.com Website, you warrant to Microsoft that you will not use the KinectShare.com Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the KinectShare.com Website in any manner which could damage, disable, overburden, or impair the KinectShare.com Website or interfere with any other party's use and enjoyment of the KinectShare.com Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KinectShare.com Website.

USE OF COMMUNICATION SERVICES

The KinectShare.com Website may contain bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their race, religion or nationality, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Use any material or information, including images or photographs, which is made available through the KinectShare.com Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.

Your use of the Communication Services is also subject to the Code of Conduct.

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.

YOUR CONTENT

You may be able to submit content for use in connection with the KinectShare.com Website. You understand that Microsoft does not control or endorse the content that you and others post or provide on the KinectShare.com Website. Except for content that we license to you, we do not claim ownership of the content you post or provide on the KinectShare.com Website. We don’t control, verify, or endorse the content that you and others make available on the KinectShare.com Website.

You control who may access your content. However, with respect to content you post or provide, you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the Service) or to the public (for content posted on public areas of the Service), and, in either case, to us, free, unlimited, worldwide, nonexclusive, perpetual, and irrevocable permission to:

  • use, modify, copy, distribute, and display the content in connection with the KinectShare.com Website and other Microsoft products and services;
  • publish your name, Gamertag, or other information you supply in connection with the content; and
  • grant these rights to others.

If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. You understand that we may need to make copies, change the format, transcode, or otherwise process content posted on the KinectShare.com Website, including on shared and private areas of the Website, to:

  • store and retrieve the content;
  • make the content available to you and those members of the public to whom you have granted access;
  • conform to connecting networks' technical requirements; or
  • conform to the limitations and terms of the Service.

Please respect the rights of artists, inventors and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the Service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you’re breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content doesn’t violate any law. We won’t pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the KinectShare.com Website at any time if you breach this contract or if we cancel or suspend the KinectShare.com Website.

You’re responsible for backing up the data that you store on the Service. If the Service is suspended or canceled, we may permanently delete your data from our servers. We don’t have any obligation to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.

SOFTWARE AND CONTENT AVAILABLE ON THE KINECTSHARE.COM WEBSITE

Software and content (if any) that is made available to download from the KinectShare.com Website, excluding software that may be made available by end-users through a Communication Service ("Software"), is the copyrighted work of Microsoft Corporation and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Microsoft Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular KinectShare.com Website in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any third party notices accompanying any Software are provided for informational purposes only. No other rights or licenses whether express or implied, including without limitation any implied patent licenses, are granted by Microsoft. Software is owned by Microsoft and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KINECTSHARE.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KINECTSHARE.COM WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE KINECTSHARE.COM WEBSITE 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 THE KINECTSHARE.COM WEBSITE 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 THE KINECTSHARE.COM WEBSITE. 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 THE KINECTSHARE.COM WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KINECTSHARE.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE KINECTSHARE.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KINECTSHARE.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KINECTSHARE.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KINECTSHARE.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KINECTSHARE.COM WEBSITE.

TERMINATION/ACCESS RESTRICTION

Microsoft reserves the right, in its sole discretion, to terminate your access to any part of or all of the KinectShare.com Website and the related services or any portion thereof at any time, without notice.

GENERAL

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 the KinectShare.com Website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of the KinectShare.com Website. You agree to indemnify and hold Microsoft, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the KinectShare.com Website. Microsoft reserves the right to disclose any personal information about you or your use of the KinectShare.com Website, including its contents, without your prior permission if Microsoft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Microsoft or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Microsoft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the KinectShare.com Website or information provided to or gathered by Microsoft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Microsoft with respect to the KinectShare.com Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to the KinectShare.com Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the KinectShare.com Website are: Copyright © 2011 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052 U.S.A. All rights reserved. Microsoft, Kinect, 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.

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