${_('About')}
- -Your about text goes here!
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From b571983ebe666c6bcc9e0c652b0cddde3a8c7f9d Mon Sep 17 00:00:00 2001
From: Stephen Dolenc Section 2: Acceptance of the Terms of Service By accepting these TOS when that option is made available to you, by using the Services or by continuing to use the Services, you agree to abide by the most current version of these TOS without modification by you. If you do not agree, you may not access or use the Services. Section 3: Privacy and Consent to Share Information 3.1 Information Use and Disclosure by Microsoft. Your privacy is important to Microsoft. As part of the Services, Microsoft may automatically upload, track and record information about your devices, your use of the Services and Services performance. Please read the Microsoft Privacy Statement as it describes the types of data Microsoft collects from you and your devices (“Data”) and how we use and disclose that Data. The privacy statement also describes how Microsoft uses your content, which is your communications with others; postings or feedback submitted by you to Microsoft via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these TOS, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Microsoft Privacy Statement. 3.1 Information Use and Disclosure by Microsoft. Your privacy is important to Microsoft. As part of the Services, Microsoft may automatically upload, track and record information about your devices, your use of the Services and Services performance. Please read the Microsoft Privacy Statement as it describes the types of data Microsoft collects from you and your devices (“Data”) and how we use and disclose that Data. The privacy statement also describes how Microsoft uses your content, which is your communications with others; postings or feedback submitted by you to Microsoft via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these TOS, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Microsoft Privacy Statement. 3.2 Acknowledgment and Consent by You. (a) If you use your work email account to open your account for this website, you agree that Microsoft may share your usage Data for any training content and assessments accessed through the Services with your employer and you acknowledge that by agreeing to share this Data, you are allowing your employer to view reports on your usage Data. (b) If you are a Microsoft employee and you use your microsoft.com email account to open your account for this website, you agree that Microsoft may share your personal information and usage Data for any training content and assessments accessed through the Services with your management at Microsoft and you acknowledge that by agreeing to share this Data, you are allowing your management at Microsoft to view reports on your usage Data. Section 5: Your Content Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these TOS, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Microsoft cannot be held responsible for Your Content or the material others upload, store or share using the Services.
- To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use, make copies of, retain, transmit, reformat, publicly display, and distribute Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Microsoft Privacy Statement. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use, make copies of, retain, transmit, reformat, publicly display, and distribute Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Microsoft Privacy Statement. Section 6: Use of the Services When using the Services, you must comply with the terms in these TOS. The Services are solely for your personal and non-commercial use. You may be unable to use the Services outside the country associated with your account. By agreeing to these TOS, you are agreeing that, when using the Services, you will follow these rules:
By creating an account, accepting these TOS, or by using the Services, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these TOS. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create an account for this website. If you are the parent or legal guardian of a minor that creates an account for this website, you accept these TOS on the minor’s behalf and are responsible for all use of the account and Services, including purchases, whether the minor’s account is now open or created later.
Please note that Microsoft does not provide warranties for the Services. These TOS also limits our liability. These terms are in sections 11 and 12.
If you violate these TOS or if Microsoft suspects fraud or unauthorized or improper use of the Services, we may stop providing Services to you or we may close your website account. We may also block delivery of a communication (like email or instant message) to or from the Services to enforce these TOS or we may remove or refuse to publish your Content for any reason. When investigating alleged violations of these TOS, Microsoft reserves the right to review Your Content to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
Microsoft reserves the right to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request in Microsoft's sole discretion.
Section 7: Rights to Change or Cancel the Services
@@ -57,15 +57,15 @@Section 12: Limitation of Liability
If you have any basis for recovering damages, you agree that your exclusive remedy is to recover from Microsoft or any of its affiliates, resellers, distributors, third-party apps and service providers and vendors for all successful claims only direct damages up to U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES AND LOST PROFITS. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these TOS or the Services. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.
Section 13: 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 Services provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. For details and contact information see Notice 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 the Services provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement.
Section 14: Third-Party Products and Services
Our Services may allow you to access or acquire products, services, websites, links, content, material, certificates or applications from third parties ("Third-Party Products and Services"). The Third-Party Products and Services may also allow you to store your Content or data with the publisher, provider, or operator of the Third-Party Products and Services. The Third-Party Products and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party Products or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Products and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Microsoft assumes no responsibility or liability whatsoever for the Third-Party Products and Services. Microsoft does not license any intellectual property to you as part of any Third-Party Products and Services and is not responsible for information or services provided by third parties.
Section 15: Binding Arbitration and Class Action Waiver if you live in the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft and Microsoft’s affiliates.
15.1 Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, your account for this website, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
-15.2 Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at http://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
+15.2 Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at http://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
15.3 Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements.
-15.4 Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
+15.4 Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
15.5 Arbitration Fees and Payments.
(a) Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
(b) Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
@@ -74,7 +74,7 @@15.8 Rejecting Future Arbitration Changes. You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 15.2. If you do, the most recent version of section 15 before the change you rejected will apply.
15.9 Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 15 is found to be illegal or unenforceable, that provision will be severed but the rest of section 15 still applies
Section 16: Miscellaneous
-16.1 Export restrictions. The Microsoft Services, including products and software and related technology are subject to U.S. export jurisdiction. You must comply with all applicable international and national, laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, Office of Foreign Assets Control sanctions programs, and end-user, end use and destination restrictions by the U.S. and other governments related to Microsoft products, Services and technologies. For additional information, see www.microsoft.com/exporting.
+16.1 Export restrictions. The Microsoft Services, including products and software and related technology are subject to U.S. export jurisdiction. You must comply with all applicable international and national, laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, Office of Foreign Assets Control sanctions programs, and end-user, end use and destination restrictions by the U.S. and other governments related to Microsoft products, Services and technologies. For additional information, see www.microsoft.com/exporting.
16.2 Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these TOS or the Services that are heard in court (excluding arbitration and small claims court).
16.3 Unsolicited Ideas. Microsoft and its employees do not accept or consider unsolicited ideas. This includes ideas for new products, promotions, technologies, product names, product feedback and product improvements (“Unsolicited Feedback”). Please do not send any artwork, samples, demos, or other works to Microsoft or anyone at Microsoft. If you send any Unsolicited Feedback to Microsoft through the Services or otherwise, you acknowledge and agree that Microsoft shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
16.4 Assignment. Microsoft may assign, transfer or otherwise dispose our rights and obligations under these TOS, in whole or in part, at any time without notice to you. You may not assign, extend, sublicense or transfer any of your rights or obligations under these TOS or transfer any rights to access the Services and any attempt by you to do so is void.
From e5d3de36d7c37509bd7ea33b2a7224f90ea5c223 Mon Sep 17 00:00:00 2001 From: Kevser Sunercan