DESCRIPTION OF SERVICES
The Microsoft Translator Hub provides you with access to a variety of resources which may include translations, download areas, upload areas, software, updates, enhancements, documentation, media elements, support, communication forums and product information (the “Service”).
ACCEPTANCE OF TERMS
By using the Service you agree to the following terms. Microsoft may update these terms with or without notice to you by posting new terms. You can view the most current version of the terms by clicking the hypertext link located at the bottom of the web page. Your use of certain elements of the Service may be subject to additional guidelines, posted notices, or codes of conduct. These are incorporated by reference into these terms.
RESERVE RIGHT TO MODIFY
Microsoft may change the Service or delete features of the Service at any time and for any reason. Microsoft may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, your right to use the Service stops right away. 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.
Your privacy is important to Microsoft. Microsoft uses certain information collected from you to operate and provide the Service. As part of the Service, Microsoft may store information about your use of the Service and Service performance. Microsoft may access or disclose information about you, including the content of your communications or content on the Service. Microsoft may do so 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 its customers, including the enforcement of Microsoft 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. Please read the Microsoft Online Privacy Statement (http://privacy.microsoft.com/en-us/default.mspx) to learn how Microsoft uses and protects your information.
You are required to open an account in order to access the Service. You must provide current, complete, and accurate information on the registration form. You will also need to choose a password and a user name. You are solely responsible for: (a) keeping your password and account confidential; and (b) any and all activities that occur under your account. You must promptly notify Microsoft of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you incur if someone else uses your account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your account or password. You may not use anyone else’s account at any time without their permission.
When using the Service you must comply with these terms, all applicable laws, and the Microsoft Anti-spam Policy (http://privacy.microsoft.com/en-us/anti-spam.mspx). You must also obey any policies, codes of conduct and notices Microsoft provides.
You may be unable to use the Service outside the country associated with your account. You may not use the Service to harm others or the Service. For example, you may not:
- use the Service to harm, threaten, or harass another person, organization, or Microsoft;
- misrepresent your identity or interfere with any other party's use and enjoyment of the Service;
- damage, disable, or impair the Service (or any network connected to the Service);
- resell or redistribute any part of the Service or access to the Service;
- use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service;
- remove, modify or tamper with any notice or link that is incorporated into the Service;
- use any automated process or service (such as a bot, a spider, periodic caching of information stored by Microsoft, or metasearching) to access or use the Service, or to copy or scrape data from the Service;
- obtain (or try to obtain) any data from the Service or related hardware, except the data that Microsoft intends to make available to you; or
- use the Service or related hardware to design, develop, or update software.
If Microsoft believes that you are making unauthorized or improper use of the Service, Microsoft may take such action as it deems appropriate without notice to you. These actions may include termination of your account, or blocking messages from a particular Internet domain, mail server, or IP address. Microsoft may at all times: (a) disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (b) edit, refuse to post or to remove any information or materials, in whole or in part.
RESERVATION OF RIGHTS
Microsoft retains all right, title and interest in and to the Service and this web site. This includes all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Microsoft reserves all rights not expressly granted.
If you use or receive software from Microsoft as part of the Service ("Software"), its use is governed by one of two sets of license terms; if you are presented with a license for the Software, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Software not expressly granted by Microsoft under these license terms. Third party scripts or code, linked to or referenced from this Service, is licensed to you by the third parties that own such code, not by Microsoft.
If you give Microsoft feedback, you give Microsoft an irrevocable, perpetual, sublicensable right to use, share and commercialize your feedback in any way and for any purpose at no charge. You also give to third parties any patent rights in your feedback needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service at no charge. You will not give feedback that is subject to a license or other obligation that requires Microsoft to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive these terms.
All materials, including software, help topics, white papers, datasheets and FAQs (collectively the “Materials”) that are made available from the Service are the copyrighted work of Microsoft or its suppliers. Your use of these Materials is governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:
- remove, modify or tamper with any copyright notices;
- use the Materials for any commercial purposes;
- post the Materials on any networked computer for access by any other computer on the network or broadcast it in any media; or
- make any modifications to the Materials.
Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the
Materials. By providing the Materials to you, Microsoft does not give you any license to these patents, trademarks, copyrights, or other
intellectual property, unless Microsoft does so expressly in writing.
Some Materials available from this Service are licensed to you by third parties. Microsoft does not grant you any additional rights (express or implied) for such third party Materials.
SUBMISSIONS PROVIDED TO MICROSOFT
Microsoft does not claim ownership of the content you provide on the Service. Your content remains your content.
Microsoft does not control, verify, or endorse the content that you and others make available on the Service.
You control who may access your content. If you share content in public areas of the Service or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content. You grant these rights solely in connection with the Service and other products and services made available by Microsoft. 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. If you do not want others to have those rights, do not use the Service to share your content.
By sharing content on the Service, Microsoft and its affiliates, resellers, distributors, service providers, partners, and suppliers may use, modify, adapt, reproduce, distribute, publish and display it. This includes your name or other information you supply with the content. These rights apply solely to the extent necessary to provide the Service.
Microsoft may also use the content for its own research purposes and to improve the Services and Microsoft’s other products, services, and technologies. You grant Microsoft an irrevocable, royalty-free, fully paid-up, worldwide license to the content for this purpose.
You must respect the rights of artists, authors, inventors and creators. Content 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 or proprietary rights, or publicity or privacy rights, you are breaching these terms (and violating other rights and possibly the law). By sharing content on the Service 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 does not violate any law. Microsoft will not pay you for your content. Microsoft may refuse to publish your content for any or no reason. Microsoft may remove your content from the Service at any time and for any reason, including if: (a) you breach these terms; (b) the content exceeds limits on storage or file size; or (c) Microsoft cancels or suspends the Service.
You are responsible for backing up the data and content that you store on the Service. Microsoft may permanently delete your data from its servers if the Service is suspended or canceled. Microsoft does not have any duty to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, Microsoft may delete the data as of that date. Data that is deleted may be irretrievable.
At our request, you will defend, hold harmless, and indemnify Microsoft and our directors, officers, employees, agents, subsidiaries, affiliates and each of their successors from and against all third-party claims, actions, demands, proceedings, damages, costs and liabilities of any kind (collectively, “Claims”) to the extent that the Claims arise out of or relate to content you provide on the Service and Microsoft’s exercise of the rights above. You will be solely responsible for defending any claim using mutually-agreed counsel, subject to our right to participate with counsel Microsoft selects, and you will not publicize any claim or agree to any settlement that imposes any obligation or liability on us (or our directors, officers, affiliates, and agents) without our prior written consent, which consent is given in our sole discretion.
- Microsoft provides the Service "as-is," "with all faults," and "as available."
- Microsoft does not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the Service.
- Microsoft does not guarantee that the Service will be uninterrupted, secure, error-free or that data loss will not occur.
- Computer and telecommunications systems are not fault-free and occasional periods of downtime will occur.
- Microsoft gives no express warranties, guarantees, or conditions. Microsoft disclaims all warranties with regard to the Service. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement).
- You may have additional consumer rights under your local laws that these terms cannot change.
COPYRIGHT AND TRADEMARKS
All content of the Service, except user-generated content, is Copyright © 2012 Microsoft. All rights reserved. Copyright and other intellectual property laws and treaties protect any Software and Materials provided as part of the Service. Microsoft or its suppliers own the title, copyright and other intellectual property rights in the Software and Materials.
Information on Microsoft trademarks is available at http://www.microsoft.com/about/legal/en/us/intellectualproperty/trademarks/usage/default.aspx. These terms do not grant or imply any rights to any Microsoft or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
COPYRIGHT CLAIM NOTICE AND PROCEDURE
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. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.
LIMITATION OF LIABILITY
You can recover from Microsoft for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits. This limitation applies to anything related to these terms, for example:
- the Service;
- loss of data;
- your content, third party content (including code), 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, or 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; misrepresentation; strict liability; negligence; or other tort.
It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Microsoft
knew or should have known about the possibility of the damages.
These terms do not affect the statutory rights of any consumer. They also do not exclude or restrict liability for death or personal injury arising from Microsoft’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
LINKS TO THIRD PARTY SITES
The Service may contain links to third party web sites which will let you leave Microsoft’s site. These web sites are not under Microsoft’s control. Microsoft makes no effort to review the content of these web sites. This includes the validity, legality, copyright compliance, and decency of such content. Microsoft is not responsible for the content of these web sites. This includes: (a) webcasting or any other form of transmission received from any linked site; (b) any links contained in a linked site; and (c) any changes or updates to such sites. If Microsoft has included these links in the Service, they are provided to you as a convenience only. Microsoft does not endorse or make any representation, guarantee or assurance regarding any third party web site, service or product. Any third party product or service that you acquire, and any exchange of data between you and such third party provider, is solely between you and the third party. Third party web sites may be subject to the third party’s terms, conditions and privacy statements. Microsoft may disable links to any third-party web site that you or others post on this Service.
Microsoft may run ads on the Service. Microsoft may change the way it advertises on the Service. Your dealings with advertisers on the Service are between you and those advertisers, not Microsoft. If you assert a claim related to your relationship with a third party, you shall only assert such claim against the third party. You will not assert any such claim against Microsoft, even if Microsoft assisted in billing for the third party offering. You are solely responsible for your dealings with any third party on the Service, including:
- delivery of and payment for goods and services;
- determining, collecting and remitting to the appropriate authority all taxes (if any) related to such orders or transactions; and
- your purchase and use of any third party products and services.
Microsoft and its employees do not accept or consider unsolicited ideas. This includes ideas for new advertisement campaigns, promotions, products, technologies, processes, materials, marketing plans and product names. Please do not send any artwork, samples, demos, or other works to Microsoft or anyone at Microsoft. The purpose of this policy is to avoid misunderstandings or disputes when Microsoft’s products or marketing strategies seem similar to ideas submitted to Microsoft. If you send them anyway, please understand that Microsoft will not treat your ideas or materials as confidential or proprietary.
Contracting party, choice of law and location for resolving disputes.
- If you live in or your business is headquartered in North or South America, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington State law governs the interpretation of these terms and applies to claims for breach of them, 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 Microsoft directs your Service. You and Microsoft 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 these terms.
- If you live in or your business is headquartered in Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to these terms.
- If you live in or your business is headquartered in the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of these terms and apply to claims for breach of them, 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 the country to which Microsoft directs your Service. You and Microsoft irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to these terms.
- Unless your country is specifically called out below, if you live in or your business is headquartered in Asia or the South Pacific, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and the Washington State law governs these terms, regardless of conflict of law principles. Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.
- If you live in or your business is headquartered in Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern these terms and any matters arising out of or relating to them. You and Microsoft irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to these terms.
- If you live in or your business is headquartered in China, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those Services, Washington State law governs these terms, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive.
- If you live in or your business is headquartered in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern these terms. You and Microsoft irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to these terms.
- If you live in or your business is headquartered in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern these terms. You and Microsoft irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with these terms.