INTERNET GAMING ZONE TERMS, CONDITIONS, LICENSE, AND NOTICES
AGREEMENT BETWEEN USER AND MICROSOFT
The Internet Gaming Zone ("IGZ") is an Internet-based online service provided by the Microsoft Corporation ("Microsoft"). This Agreement constitutes the entire agreement between you and Microsoft with respect to IGZ. By using IGZ, you confirm your acceptance of, and agree to be bound by, this Agreement.
1. Use of IGZ. While using IGZ, 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 the forum manager responsible for IGZ. IGZ policies relating to online conduct, uploaded files, conferences, bulletin boards ("BBSs") and other matters are available below or as otherwise posted on IGZ. IGZ reserves the right in its sole discretion to change IGZ's policies at any time. Files uploaded to a BBS 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. Communications on IGZ. You are responsible for your communications via, and your use of, IGZ. You may not, under any circumstances, do any of the following: (a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information; (b) use the IGZ to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (c) 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; (d) upload files that contain a virus or corrupted data; (e) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS; (f) falsify the source or origin of software or other material contained in a file that you upload to a BBS; (g) use IGZ in a manner that
adversely affects the availability of its resources to other users (for example, excessive yelling (use of all caps) or flooding (continuous posting of repetitive text); (h) use a BBS for any purpose other than personal communication (i) 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; or (j) act, or fail to act, in your use of IGZ, in a manner that is contrary to applicable law or regulation.
a) Each time you upload a file IGZ you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other user 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 this website.
b) IGZ and Microsoft reserve the right for any reason to remove without notice any contents of this website received from users, including without limitation bulletin board postings. Microsoft reserves the right to deny in its sole discretion any user access to this website or any portion thereof without notice.
c) The user acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by this website are public and not private communications. Further, the user acknowledges that chats, postings, conferences and other communications by other users are not endorsed by IGZ or Microsoft, and such communications shall not be considered reviewed, screened or approved by IGZ or Microsoft.
3. Information on IGZ. IGZ and Microsoft do 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 IGZ. Statements made in forums, conferences and chats reflect only the views of their authors.
4. Copyright and Trademark Notices.
4.1 All contents of this website are: Copyright (c) 1996 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
4.2 This website 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 website.
4.3 Microsoft, Windows, Windows NT, MSN, The Microsoft Network and other names of Microsoft products referenced herein are trademarks or registered trademarks of Microsoft Corporation. Other product and company names mentioned herein may be the trademarks of their respective owners.
5. Software Available on this Website.
5.1 Any software that is made available to download from this website ("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.
5.2 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 otherwise using this website in accordance with these terms and conditions, and for no other purpose.
5.3 Please note that all Software, including without limitation all HTML code and Active X controls contained in this website, 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.
5.4 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.
5.5 RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from this website 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.
6. LIABILITY DISCLAIMER
THE SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS 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 THIS WEBSITE AT ANY TIME.
MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE 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 WEBSITE OR WITH THE DELAY OR INABILTY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, 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.
7. Indemnity. As a condition of use of this website, you, the end user, agree to indemnify Microsoft and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
8. Service Contact. Contact zmaster@microsoft.com with questions or problems with this website.
9. 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 website following any such changes shall constitute the user's acceptance of such changes.
10. General.
10.1 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 website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
10.2 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 website. 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.
10.3 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 website or information provided to or gathered by Microsoft with respect to such use.
10.4 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.
10.5 This agreement constitutes the entire agreement between the user and Microsoft with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to this website. 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.
10.6 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.
10.7 Any rights not expressly granted herein are reserved.
