Kodu Game Lab Service Agreement


Last updated: September 2011

 

This is a contract between you and Microsoft Corporation. This contract sometimes refers to Microsoft as “we,” “us” or “our.” This contract applies to the Microsoft Kodu Game Lab Community Feature  service from Microsoft Research FUSE Labs, including all updates, support, and content that display or link to this contract and that you use while this contract is in force. This contract refers to all of these as the “service.”  The service enables you to share the content that you create using the Microsoft Kodu Game Lab software (“your content”) with other users of the service. Specifically the service allows you to post your content on Microsoft servers to permit other users of the service can access and download it. You represent that all information you supply is true and correct. Your use of the service may be subject to posted notices or codes of conduct. All such notices and codes of conduct are incorporated by reference into this contract.

 

You may use the service only if you agree to these terms. If you do not agree, do not use the service. This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. Please read these sections of the contract carefully.

 

1.      Personal and Non-Commercial Use of the Service

 You may not use the service for any commercial purposes. Examples of commercial purposes include running business operations, licensing, leasing, or selling the services, or any other activity which purpose is to procure a commercial gain to you or others. Some examples of non-commercial uses are teaching, academic research, public demonstrations and personal experimentation.

 

2.      How You May Use the Service


In using the service, you must

 

  • obey all applicable laws, rules and regulations,
  • obey the Kodu Game Lab Community Code of Conduct, provided below, or other notices we provide,
  • obey the Microsoft Anti-Spam Policy,
  • keep any service account password secret, and
  • promptly notify us if you learn of a security breach related to the service.

 

 

3.      How You May Not Use the Service

In using the service, you may not

 

  • engage in, facilitate, or further unlawful conduct;
  • use the service in any way that harms Microsoft or its advertisers, affiliates, resellers, distributors and/or vendors or any customer of ours or customer of our advertisers, affiliates, resellers, distributors or vendors;
  • misrepresent the source of anything you post or upload, including impersonation of another individual or entity or ;
  • use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
  • publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, obscene, indecent or unlawful information;
  • use the service to threaten, stalk, defame, defraud, degrade, victimize or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incite or encourage anyone else to do so;
  • upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
  • use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft or “meta-searching”); 
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
  • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service; or
  • resell or redistribute the service, or any part of the service.

 

4.      You Are Responsible For Your Service Account

 

Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not authorize any third party to access and/or use the service on your behalf except where Microsoft provides a mechanism for third parties to access the service on your behalf.  In order to access the service, you may choose to sign in with either your Windows Live, Facebook or Twitter credentials.  By providing such credentials, you agree to permit Microsoft to use such credentials for the purpose of authenticating your log in. 

 

This service is not associated with or endorsed by Facebook, Inc. or Twitter, Inc.  Your use of the Twitter service or Facebook service is subject to their respective terms of service and privacy policies.  Your use of Windows Live ID is subject to the Microsoft Service Agreement (http://explore.live.com/microsoft-service-agreement?ref=none&mkt=en-us) and the Microsoft Privacy Statement (http://privacy.microsoft.com/en-us/default.mspx).

 

5.      How We May Change This Contract


Microsoft may change this contract at any time without notice. If you do not stop using the service, your continued use of the service will be under the changed contract.

 

6.      Service Software

 

If you use or receive software from us as part of the service (“Service Software”), its use is governed by one of two terms (the "License Terms"): if you're presented with a license for the Service Software, the terms of that license apply; if no license is presented to you, the terms of this contract apply. Unless applicable law gives you more rights, Microsoft reserves all other rights to the Service Software not expressly granted by Microsoft under the License Terms, whether by implication, estoppel or otherwise.

 

7.      Changes to the Service; If We Cancel the Service

 

We may change the service or delete features at any time and for any reason  We may cancel or suspend your service at any time.  Our cancellation or suspension may be without cause and/or without notice.   Upon service cancellation, your right to use the service stops immediately.  Once the service is cancelled or suspended, any data you have stored on the service might not be available to you later. You are responsible for taking necessary steps to back up your data.

 

8.      Your Content

 

You may be able to submit content for use in connection with the service. You understand that Microsoft does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the service.

 

The service includes public areas available to the general public and shared areas available to others you or Microsoft have selected. If you share content with others on the service, in either public or shared areas, then you understand that others with whom you have shared content may see and use that content.

 

You understand that Microsoft may need and you hereby authorize and grant Microsoft a license to use, modify, copy, distribute and display content posted on the service to the extent necessary to provide the service. This includes:

 

  • storing and retrieving the content;
  • making the content available to you and to those members of the public who have access;
  • conforming to connecting networks' technical requirements; and
  • conforming to the limitations and terms of the service.

 

You understand that sharing content that violates others' copyrights and other intellectual property rights violates 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 and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.

 

We encourage you to not share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their children to keep them safe online.

 

Microsoft is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.

 

9.      Links to Third-party Web Sites.

 

The service may contain links to third-party Web sites. These third-party Web sites are not under Microsoft’s control. If Microsoft has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by Microsoft of any third-party Web site, service or product. Microsoft reserves the right to disable links to any third-party Web site that you or other customers post on the service.

 

10.  Privacy        

In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your machine, your use of the service and service performance.  We use and protect that information as described in the Kodu Game Lab Privacy Statement (URL). In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers or the public.

 

The service is a private computer network that Microsoft operates for the benefit of itself and its customers.  Microsoft retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract.  The technology or other means we use may hinder or break your use of the service.

 

11.  Feedback

 

If you give us feedback, you give Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose.  You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft site, software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.

 

12.  Our Notices to You; Your Notices to Us

 

This contract is in electronic form. We have the right to send you information about the services in electronic form. There may be information about the services that the law requires us to send to you. We may send this information to you in electronic form.

 

We may provide required information to you

 

  • by e-mail at the e-mail address you specified when you signed up for the service, or
  • by access to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a Microsoft web site that will be generally designated in advance for this purpose.

 

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must stop using the service.

 

13.  No Warranty

 

We provide the service “as-is,” “with all faults” and “as available.” Microsoft makes no guarantee about the reliability, accuracy or timeliness of information available from the service

 

We and our affiliates, resellers, distributors and vendors (collectively, the “Microsoft Parties”) give no express warranties, guarantees or conditions.   You bear the risk of using it. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.

 

14.  Liability Limitation

                      

Microsoft will not be liable to you for any damages related to the services, including direct, consequential, lost profits, special, indirect or incidental damages, to the maximum extent the law permits.

 

This limitation applies to anything related to:

 

  • the service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the service,
  • incompatibility between the service and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

 

It also applies even if

 

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose, or
  • Microsoft knew or should have known about the possibility of the damages.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

15.  Applicable Law and Place for Resolving Disputes

 

Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract.

 

16.  Contract Interpretation

 

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between Microsoft and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.

 

17.  Assignment

 

Microsoft may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

 

18.  Force Majeure

 

Microsoft will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes or acts of God.

 

19.  Notices

 

Copyright Notice

All contents of the service are Copyright © 2011 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.

 

Respect Copyright

Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights, have permission from the owner, or such sharing is otherwise legal.

 

Trademark Notice

Microsoft is a registered trademark of Microsoft Corporation. Trademark information is available at http://www.microsoft.com/about/legal/intellectualproperty/trademarks/default.mspx. Any rights not expressly granted are reserved.

 

Notices and Procedures for Making Claims of Copyright Infringement

Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement (http://www.microsoft.com/info/cpyrtInfrg.htm).

 

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 MERCHANDISE OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW MERCHANDISE 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 MERCHANDISE 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.

 

Support

Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.

 

THE KODU GAME LAB COMMUNITY FEATURE CODE OF CONDUCT (“Code of Conduct”)

 

The Code of Conduct outlines the rules that you need to follow to help ensure that the Kodu Game Lab Community Feature (the “service”) are fun for everyone.

 

A. You will do the following.

•           Be polite and treat others with respect.

•           Inform us that content you have encountered is offensive - especially if the content is violating the Code of Conduct.

•           Have fun!

 

B. You will not do the following.

•           Don't use the service to do anything illegal. You are responsible for your actions and the consequences of your actions on the service, not Microsoft.

•           Don't harass, abuse, insult or spam other users, or encourage other users to do so.

•           Don't create a creator name or game content that other users may be offended by. This includes, without limitation, anything related to or suggestive of: profane words/phrases, topics or content of a sexual nature, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances, or illegal activities.

•           Don't create a creator name or game content that references controversial religious topics, notorious people, organizations, or sensitive current or historical events that may be considered inappropriate.

•           Don't distribute, post, publish, upload, disseminate or discuss defamatory, infringing, obscene, sexual or unlawful materials in any format (images, audio, video, text, etc.). Prohibited materials include, without limitation, child pornography or illegal drugs. “Sound alike” words or phrases or puns that reference these topics are also prohibited.

•           Don't post references to websites that violate the Code of Conduct.

•           Don't give out personal information of other players (such as their real name, address, phone number, credit card number, etc.) in any way (including, without limitation, through the names you create for your creator name or in-game content). This information could be used by other players for illegal or harmful purposes. You should also avoid giving out your own personal information.

•           Don't post references to materials that could harm other users' computers or would allow others to inappropriately access software or Web sites.

•           Don’t use your account for commercial purposes (including, without limitation, trading services or in-game content for currency or Microsoft Points).

•           Don't impersonate, harass, or defame Microsoft employees, moderators, or staff members.

C. Consequences of Violations.

If you violate the Code of Conduct or the Kodu Game Lab Service Agreement, action may be taken against your account, including without limitation the following.

•           Some offenses warrant an immediate permanent suspension, including without limitation: hacking, fraud, severe racial remarks, depictions of nudity, repeated creation of inappropriate creator names or game content, or posting viruses or URLs to viruses

•           Repeated violations of the Code of Conduct can result in a permanent suspension of your account, or a permanent suspension of any device you are using to connect to the service.

•           If you create a creator name that has been determined to violate the Kodu Game Lab Service Agreement or Code of Conduct, you will be required to change it.

 

Microsoft is not obligated to send you a warning before these actions occur. If your account is suspended while participating in a tournament or competition Microsoft assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition. Microsoft is not obligated to monitor every post, but we have the right to remove any post or take action against any user. Microsoft reserves the right to remove at any time, without notice, any user-created content from the service. Microsoft reserves the right to immediately terminate or suspend a user for violations. Microsoft can contact any Internet Service Provider and provide the ISP with information on illegal activities.