S.L.A.M.
TERMS OF USE
(Last
updated: May, 2009)
THIS IS
AN AGREEMENT BETWEEN YOU AND MICROSOFT.
These Terms of Use (“TOU”) are an agreement between you and
Microsoft Corporation (“Microsoft” or “we”).
This TOU governs your voluntary participation in and use of the
Social/Location/Awareness/Mobility (“S.L.A.M.”) S.L.A.M. Research Project
only. The S.L.A.M. Research Project,
which is operated by Microsoft (or its affiliates), is meant to explore use of
mobile devices for group-based communication and media sharing so that we might
better understand the perspective of our end-users, and develop technologies
that enhance the quality of people’s
social interactions, and people’s physical communities (collectively,
the "S.L.A.M. Research Project”). S.L.A.M. allows Windows SmartPhone users
to make groups of people for these purposes on Windows SmartPhones as well as
interact with non-SmartPhone users through Short Message Service (SMS) for text
communication. You will be able to
manage your S.L.A.M. group memberships from your Windows SmartPhone, and have
access to a web page for registration guidelines, servers, pages, services and
other information and/or things accessible from or contributed to it, This TOU
does not govern your use of other Microsoft products, services or web sites.
You represent that you are at least 18 years old. Your participation in the S.L.A.M. Research
Project constitutes your acceptance of this TOU, the Privacy Statement and
registration guidelines, without modification: for SmartPhone users, you will
be asked to affirmatively accept this TOU when you install the software, and for
non-SmartPhone users you will be asked to affirmatively accept this TOU when
you register as a participant in the S.L.A.M. Research Project. Microsoft reserves the right to update the
TOU at any time in its discretion without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of the S.L.A.M. web page. You are responsible for regularly reviewing
this TOU for any changes. Your
participation in or use of the S.L.A.M. Research Project after the effective
date of such changes shall constitute your continuing acceptance of this TOU,
as amended from time to time. THIS TOU
CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY LISTED BELOW IN UPPERCASE
FONT. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
NOTICE:
Please refer to your contract with your mobile device carrier for
understanding the pricing of SmartPhone and SMS messages. You hereby agree that Microsoft is not liable for
your fees related to receiving such communication, your participation in the
S.L.A.M. project or for any other fees you may incur.
PERSONAL AND
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the S.L.A.M. Research Project is
for your personal and non-commercial use only without any redistribution or as
may be authorized in a specific Microsoft license relating to any software or
service available through the S.L.A.M. Research Project, 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 S.L.A.M. Research Project.
MEMBER ACCOUNT,
PASSWORD, AND SECURITY.
If the S.L.A.M. Research Project requires you to open an
account, you must complete the registration process by providing us with
current, complete and accurate information as prompted by the applicable
registration form. You may also need to choose a password and a user name, and
if so, you are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify Microsoft
immediately of any unauthorized use of your account or any other breach of
security. Microsoft will not be liable for any loss that you may incur as a
result of someone else using your password or 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 or password.
You may not use anyone else's account at any time, without the permission of
the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your participation in or use of the
S.L.A.M. Research Project , you agree that you will not use the S.L.A.M.
Research Project for any purpose that is
unlawful, harms Microsoft or any end user or other third party, or otherwise is
prohibited by this TOU. You may not participate in or use the S.L.A.M. Research
Project in any manner which could damage, disable, overburden, or impair the
S.L.A.M. Research Project or interfere with any other party's use and enjoyment
of the S.L.A.M. Research Project. You
may not attempt to gain unauthorized access to any services, information,
pictures, software, other accounts, computer systems or networks connected to
any Microsoft server or to the S.L.A.M. Research Project, through hacking,
password mining or any other means. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the S.L.A.M.
Research Project.
The S.L.A.M. Research Project may contain a web site,
searchable archives of, including but not limited to, a recording of your text
messaging, a text messaging service, and/or other message or communication
facilities designed to enable you to post personal information and communicate
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:
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 ALSO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR
PARTICIPATION IN AND ACCESS TO THE S.L.A.M. RESEARCH PROJECT AND THE RELATED
COMMUNICATION SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT CAUSE AND
WITHOUT NOTICE. YOU CAN CANCEL YOUR PARTICIPATION IN ANY RESEARCH PROJECT OR
COMMUNICATION SERVICE AT ANY TIME, WITH OR WITHOUT CAUSE, BY EXITING, OR
OTHERWISE FOLLOWING THE PROCEDURES MADE AVAILABLE TO YOU BY MICROSOFT ON ANY OF
THE S.L.A.M. RESEARCH PROJECT WEB SITE.
Microsoft may monitor your electronic activities and
communications and reserves the right at all times to disclose any information
in the event it has a good faith reason to believe it is necessary (a) to
satisfy any applicable law, regulation, legal process or governmental request, (b)
to protect and defend the rights of property of Microsoft, its affiliates
and/or the S.L.A.M. Research Project, or (c) to act in urgent circumstances to
protect the personal safety of users of Microsoft products, services and/or the
S.L.A.M. Research Project. Microsoft may edit, refuse to post or to remove any
information or materials, in whole or in part, in Microsoft's sole
discretion. (Also, regarding use of your
information, see the link to the Privacy Statement above.)
Always use caution when giving out any personally
identifying information about yourself, your children and family or any other
persons 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.
MATERIALS PROVIDED TO MICROSOFT OR
POSTED AT ANY MICROSOFT 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 the S.L.A.M. Research Project or its associated
Communication Services for review by the members of any S.L.A.M. private
community, (each a "Submission" and collectively
"Submissions"). However, by text messaging, posting, uploading,
inputting, providing or submitting ("Posting") your Submission you
are granting Microsoft, its affiliated companies and necessary sublicenses
permission to use your Submission in connection with the operation of the S.L.A.M. Research Project, and its
Communication Services , including, without limitation, the license rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish your name in
connection with your Submission; in order to carry out research concerning the
S.L.A.M. Research Project
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 Microsoft may remove any Submission at any
time in its sole discretion.
BY POSTING A SUBMISSION YOU WARRANT AND
REPRESENT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO YOUR
SUBMISSION AS DESCRIBED IN THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION,
ALL THE RIGHTS NECESSARY FOR YOU TO PROVIDE, POST, UPLOAD, INPUT OR SUBMIT THE
SUBMISSIONS.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images, photographs, pictures or
that are otherwise graphical in whole or in part ("Images"), you
warrant and represent that (a) you are the copyright owner of such Images, or
that the copyright owner of such Images has granted you permission to use such
Images or any content and/or images contained in such Images consistent with
the manner and purpose of your use and as otherwise permitted by this TOU, the
S.L.A.M. Research Project and the Communication Services, (b) you have the
rights necessary to grant the licenses and sublicenses described in this TOU,
and (c) that each person depicted in such Images, if any, has provided consent
to the use of the Images as set forth in this TOU, including, by way of
example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are granting (a) to all
members of your private community (for each such Images available to members of
such private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community), permission
to use your Images in connection with the use, as permitted by this TOU, of any
of the S.L.A.M. Research Project and any of its Communication Services,
(including, by way of example, and not as a limitation, making prints and gift
items which include such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Images without having your name attached to such Images, and the right to
sublicense such rights to any supplier of the S.L.A.M. Research Project and any
Communication Services. The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove such Images from the
S.L.A.M. Research Project and any Communication Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time you completely remove such Images. No compensation
will be paid with respect to the use of your Images.
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 Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement at
http://www.microsoft.com/info/cpyrtInfrg.htm.
THE S.L.A.M. RESEARCH PROJECT MAY
CONTAIN LINKS TO OTHER THIRD PARTY 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 NOT RESPONSIBLE FOR
SERVICES OR APPLICATIONS OFFERED 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.
UNSOLICITED IDEA SUBMISSION POLICY.
MICROSOFT OR ANY OF ITS EMPLOYEES DO
NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO,
PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2009 Microsoft Corporation, One Microsoft Way,
Redmond, Washington 98052-6399 U.S.A. All rights reserved.
DISCLAIMER OF LIABILITY AND
WARRANTY.
THE S.L.A.M. RESEARCH PROJECT, INCLUDING (BUT NOT
LIMITED TO) ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
PHOTOS, VOICES, PICTURES AND OTHER THINGS INCLUDED IN OR AVAILABLE THEREIN, IS
PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND MAY INCLUDE
DEFICIENCIES, INACCURACIES AND TYPOGRAPHICAL ERRORS. MICROSOFT AND ITS
RESPECTIVE SUPPLIERS MAY IMPROVE, DELETE, CHANGE, IMPAIR, DISRUPT OR EVEN
DISCONTINUE THE S.L.A.M. RESEARCH PROJECT IN ANY WAY, AT ANY TIME AND FOR ANY
REASON. ADVICE RECEIVED VIA THE S.L.A.M. RESEARCH PROJECT 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, ITS AFFILIATES AND ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS, STATUTORY
OR IMPLIED) WITH RESPECT TO THE S.L.A.M. RESEARCH PROJECT AND ANY INFORMATION
AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, WITH REGARD TO (A)
TITLE AND NON-INFRINGEMENT, (B) ENCUMBRANCES OR LIENS, AND (C) THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE S.L.A.M. RESEARCH
PROJECT AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED THEREIN FOR MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR ANY
PARTICULAR PURPOSE.
IN NO EVENT (TO THE MAXIMUM EXTENT PERMISSIBLE
UNDER THE LAW) 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 YOUR PARTICIPATION IN THE
S.L.A.M. RESEARCH PROJECT, WITH THE DELAY OR INABILITY TO USE THE S.L.A.M. RESEARCH
PROJECT OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE S.L.A.M. RESEARCH PROJECT,
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 S.L.A.M. RESEARCH PROJECT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR
PARTICIPATING IN THE S.L.A.M. RESEARCH PROJECT.
NOTICES TO YOU
YOU CONSENT TO MICROSOFT PROVIDING YOU
ANY INFORMATION THAT MICROSOFT IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE
S.L.A.M. RESEARCH PROJECT (“REQUIRED INFORMATION”) TO BE SENT IN ELECTRONIC
FORM VIA TEXT MESSAGE AT THE CELL PHONE ADDRESS YOU SPECIFIED WHEN YOU
REGISTERED (AS UPDATED BY YOU), IF ANY, AND/OR (IF ACCEPTABLE UNDER THE LAW),
BY POSTING SUCH REQUIRED INFORMATION CONSPICUOUSLY ON THE RELEVANT S.L.A.M.
RESEARCH PROJECT WEB SITE.
GENERAL
This TOU is governed by the laws of the State of Washington,
U.S.A. You hereby 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
your participation in or the use of the S.L.A.M. Research Project, without
regard to conflicts of law. You agree
that no joint venture, partnership, employment, or agency relationship exists
between you and Microsoft as a result of this TOU or participation in or use of
the S.L.A.M. Research Project. Microsoft's performance of this TOU is subject
to existing laws and legal process, and nothing contained in this TOU is in
derogation of Microsoft's right to comply with governmental, court and law
enforcement requests or requirements relating to your participation in or use
of the S.L.A.M. Research Project or information provided to or gathered by
Microsoft with respect to such participation or use. If any part of this TOU is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers