|
AGREEMENT BETWEEN USER AND MICROSOFT
The MSN Gaming Zone ("MSNGZ" or "Web Site") is offered to you, the user, by Microsoft corporation ("Microsoft") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of MSNGZ constitutes your agreement to all such terms, conditions, and notices.
1. Use of MSNGZ. While using MSNGZ, you may engage in gameplay, conferences, and chats and download and upload files. Files that you upload and your activity in conferences and chats are subject to review, modification, and deletion, without notice, by authorized Zone personnel responsible for MSNGZ. MSNGZ policies relating to online conduct, uploaded files, conferences, bulletin boards, and other matters are available below or as otherwise posted on MSNGZ. Files uploaded to a bulletin board may be subject to posted limitations on usage, reproduction, and/or dissemination, and you are responsible for adhering to such limitations if you download them.
2. Use of Bulletin Board, Chat Rooms and Other Communications Forums.
2.1 You are responsible for your communications via, and your use of, MSNGZ. You may not, under any circumstances, do any of the following:
publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information;
use MSNGZ to threaten, harass, stalk, or abuse others or otherwise violate their legal rights (including rights of privacy and publicity);
upload files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights thereto or have received all necessary consents;
upload files that contain a virus or corrupted data;
delete any author attributions, legal notices, or proprietary designations or labels in a file that you upload to a bulletin board;
falsify the source or origin of software or other material contained in a file that you upload to a bulletin board;
use MSNGZ in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps] or flooding [continuous posting of repetitive text]);
use a bulletin board for any purpose other than personal communication;
use MSNGZ in any manner other than as an individual user (e.g., not as a corporation or other entity) and not to resell or make any commercial use of MSNGZ, without the express consent of MSNGZ.
download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights thereto or have received all necessary consents;
act, in your use of MSNGZ, in a manner that is contrary to applicable law or regulation or fail to act in accordance with applicable law or regulation; or
violate the MSNGZ Code of Conduct as appearing on the Web Site.
2.2 Each time you upload a file to MSNGZ you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant all other users the right to download and use such file for personal use. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of your use of MSNGZ.
2.3 Microsoft reserves the right for any reason to remove without notice any content of this Web Site received from users, including without limitation bulletin board postings. Microsoft reserves the right to deny in its sole discretion any user access to this Web Site or any portion thereof without notice. Without limiting the foregoing, MSNGZ retains the right to decline service to any user who violates these Terms of Use.
2.4 The user acknowledges that chats, conferences, bulletin boards, and any other such communications forums hosted by this Web Site are public and not private communications. Further, the user acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by Microsoft, and such communications shall not be considered reviewed, screened, or approved by Microsoft.
2.5 The user grants Microsoft the full right to republish any content posted by members (in whole or in part), either on MSNGZ or other web sites operated by Microsoft.
3. Information on MSNGZ. Microsoft does not endorse or stand behind the accuracy, truthfulness, or reliability of any information (including statements of opinion or advice) provided on or by means of MSNGZ. Statements made in forums, conferences, and chats reflect only the views of their authors.
4. Links to Third - Party Sites. This Web Site may contain hyperlinks to web sites operated by parties other than Microsoft. Such hyperlinks are provided for your reference only. Microsoft does not control such web sites, and is not responsible for their contents. Microsoft's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
5. Subscription - Based Content. Some contents and/or services on MSNGZ may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to Microsoft a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services by contacting Zone Billing Customer Support. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.
6. Copyright and Trademark Notices.
6.1 All contents of this Web Site are: Copyright© 2026 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
6.2 MSNGZ is for the personal, non-commercial use of users. Users 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 this Web Site without the express written consent of MSNGZ.
6.3 Microsoft, Windows, MSN Gaming Zone, Windows NT, MSN, The Microsoft Network, and other names of Microsoft products referenced herein are tradenames, trademarks, or registered trademarks of Microsoft Corporation. Other product and company names mentioned herein may be the trademarks of their respective owners.
7. Software Available on this Web Site.
7.1 Any software that is made available to download from this Web Site ("Software") is the copyrighted work of Microsoft Corporation and/or its suppliers. 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"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms.
7.2 For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Microsoft Corporation hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and other use of this Web Site in accordance with these terms of use, and for no other purpose.
7.3 Please note that all Software, including without limitation all HTML code and Active X controls contained in this Web Site, 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.
7.4 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. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.5 RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this Web Site for or on behalf of the United States of America, its agencies, and/or instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.
7.6 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.
8. LIABILITY DISCLAIMER.
8.1 THE SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
8.2 MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. EXCEPT AS WARRANTED IN A SOFTWARE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE, ALL SOFTWARE AND ALL PRODUCTS AND SERVICES 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 SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, 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.
9. No Unlawful or Prohibited Use. As a condition of your use of MSNGZ, you warrant to Microsoft that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms of Use.
10. To Unsubscribe from the Newsletter. Go to /regwiz/wiz275.asp, and sign in, or register if you haven't yet. At the end of the pages listing your personal information, you will be presented with a check-box list of e-mail periodicals. Click the checked box beside the newsletter to clear it; this will unsubscribe you from the newsletter.
11. Modification of These Terms and Conditions. Microsoft reserves the right to change this agreement at any time by revising the terms and conditions herein. Users are responsible for regularly reviewing these terms and conditions. Continued use of this Web Site following any such changes shall constitute the user's acceptance of such changes.
12. General.
12.1 This agreement is governed by the laws of the State of Washington, U.S.A. User consents 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 this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
12.2 User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and Microsoft as a result of this agreement or use of this Web Site. User agrees not to hold himself or herself out as a representative, agent, or employee of Microsoft and Microsoft shall not be liable for any representation, act, or omission of the user.
12.3 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 law-enforcement requests or requirements relating to the user's use of this Web Site or information provided to or gathered by Microsoft with respect to such use.
12.4 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.
12.5 This Agreement and the MSNGZ Code of Conduct located on the Web Site constitute the entire agreement between the user and Microsoft with respect to this Web Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Microsoft with respect to this Web Site. A printed version of this agreement and of any notice given in electronic form will 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.
12.6 The names of companies, products, people, characters, and/or data mentioned herein are fictitious and are in no way intended to represent any real individual, company, product, or event, unless otherwise noted.
12.7 Any rights not expressly granted herein are reserved.
|
