Datasets:

LawInformedAI

/

claudette_tos

like 1

redemption and use of gift cards -lrb- other than skype gift cards -rrb- are governed by the microsoft gift card terms and conditions .

information on skype gift cards is available on skype 's help page .

contracting entity , choice of law , jurisdiction

for use of free , consumer skype-branded services , you 're contracting with , and all references to `` microsoft '' in these terms mean , skype software s.à.r.l , 23 -- 29 rives de clausen , l-2165 luxembourg , and for paid , consumer skype-branded services , you 're contracting with , and all references to `` microsoft '' in these terms mean , skype communications s.à.r.l , 23 -- 29 rives de clausen , l-2165 luxembourg .

for all other services , you 're contracting with microsoft corporation , one microsoft way , redmond , wa 98052 , u.s.a.

choice of law and place to resolve disputes .

if you live in -lrb- or , if a business , your principal place of business is in -rrb- 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 terms or the services that are heard in court -lrb- excluding arbitration and small claims court -rrb- .

microsoft , and our affiliates , resellers , distributors , and vendors , make no warranties , express or implied , guarantees or conditions with respect to your use of the services .

you understand that use of the services is at your own risk and that we provide the services on an `` as is '' basis `` with all faults '' and `` as available . ''

you bear the entire risk of using the services .

microsoft does n't guarantee the accuracy or timeliness of information available from the services .

to the extent permitted under your local law , we exclude any implied warranties , including for merchantability , satisfactory quality , fitness for a particular purpose , workmanlike effort , and non-infringement .

you may have certain rights under your local law .

nothing in these terms is intended to affect those rights , if they are applicable .

you acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur .

we do not guarantee the services will be uninterrupted , timely , secure , or error-free or that content loss wo n't occur , nor do we guarantee any connection to or transmission from the computer networks .

if you have any basis for recovering damages -lrb- including breach of these terms -rrb- , you agree that your exclusive remedy is to recover , from microsoft or any affiliates , resellers , distributors , third-party apps and services providers , and vendors , direct damages up to an amount equal to your services fee for the month during which the breach occurred -lrb- or up to $ 10.00 if the services are free -rrb- .

you ca n't recover any other damages or losses , including direct , consequential , lost profits , special , indirect , incidental , or punitive .

these limitations and exclusions apply even if this remedy does n'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 or any claims related to these terms , the services , or the software related to the services .

the terms before and after section 14 apply generally to all services .

this section contains service-specific terms that are in addition to the general terms .

xbox live and microsoft studios games and applications

a. xbox live and microsoft studios games and applications .

xbox live , games for windows live and microsoft studios games , applications , services and content provided by microsoft -lrb- collectively , the `` xbox services '' -rrb- are only for your personal and noncommercial use .

as part of delivering the xbox services , we make information pertaining to your gamertag , gameplay , your content that you make public , and activity on and usage of any xbox service available for the operation and delivery of -lrb- a -rrb- other xbox services and -lrb- b -rrb- third-party games that use xbox services .

if you choose to link your microsoft xbox services account with your account on a non-microsoft service -lrb- for example , a non-microsoft game publisher of third-party apps and services -rrb- , you agree that : -lrb- a -rrb- microsoft may share limited account information -lrb- including without limitation gamertag , gamerscore , game score , game history , and friends list -rrb- , with that non-microsoft party as stated in the microsoft privacy statement , and -lrb- b -rrb- if allowed by your xbox privacy settings , the non-microsoft party may also have access to your content from in-game communications when you are signed into your account with that non-microsoft party .

also , if allowed by your xbox privacy settings , microsoft can publish your name , gamertag , gamerpic , motto , avatar , and games that you 've played in communications to people on your xbox friends list .

as part of building the xbox services community , you grant to microsoft , its affiliates and sublicensees a free and worldwide right to use , modify , reproduce , distribute , and display your content or your name , gamertag , motto , or avatar that you posted for any xbox services .

some games may use game managers and hosts .

game managers and hosts are not authorized microsoft spokespersons .

their views do not necessarily reflect those of microsoft .

if you are a minor using xbox live , your parent or guardian may have control over many aspects of your account and may receive reports about your use of xbox live .

game currency or virtual goods .

the services may include a virtual , game currency -lrb- like gold , coins or points -rrb- that may be purchased from microsoft using actual monetary instruments if you have reached the age of `` majority '' where you live .

the services may also include virtual , digital items or goods that may be purchased from microsoft using actual monetary instruments or using game currency .

game currency and virtual goods may never be redeemed for actual monetary instruments , goods or other items of monetary value from microsoft or any other party .

other than a limited , personal , revocable , non-transferable , non-sublicensable license to use the game currency and virtual goods in the services only , you have no right or title in or to any such game currency or virtual goods appearing or originating in the services , or any other attributes associated with use of the services or stored within the services .

microsoft may at any time regulate , control , modify and/or eliminate the game currency and/or virtual goods as it sees fit in its sole discretion .

for any device that can connect to xbox services , we may automatically check your version of xbox console software or the xbox app software and download xbox console or xbox app software updates or configuration changes , including those that prevent you from accessing the xbox services , using unauthorized xbox games or xbox apps , or using unauthorized hardware peripheral devices with an xbox console .

you must sign into xbox services at least once in a five-year period , otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others .

`` store '' refers to a service that allows you to browse , download , purchase , and rate and review applications -lrb- the term `` application '' includes games -rrb- and other digital content .

these terms cover use of office store , xbox store and windows store .

`` office store '' means a store for office products and apps for office , sharepoint , exchange , access and project -lrb- 2013 versions or later -rrb- .

`` windows store '' means a store for windows devices such as phone , pc and tablet , or any other experience that is branded windows store .

`` xbox store '' means a store for xbox one and xbox 360 consoles , or any other experience that is branded xbox store .

we will identify the publisher of each application available in the relevant store .

the standard application license terms -lrb- `` salt '' -rrb- at the end of these terms are an agreement between you and the application publisher setting forth the license terms that apply to your use of an application you download through the windows store or the xbox store , unless different license terms are provided with the application .

section 5 of these terms applies to any third-party apps and services acquired through a store .

applications downloaded through the office store are not governed by the salt and have separate license terms that apply .

microsoft will automatically check for and download updates to your applications , even if you 're not signed into the relevant store .

you can change your store or system settings if you prefer not to receive automatic updates to store applications .

however , certain office store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update .

if you rate or review an application in the store , you may receive email from microsoft containing content from the publisher of the application .

any such email comes from microsoft ; we do not share your email address with publishers of applications you acquire through the store .

to avoid possible injury , discomfort or eye strain , you should take periodic breaks from use of games or other applications , especially if you feel any pain or fatigue resulting from usage .

if you experience discomfort , take a break .

discomfort might include feelings of nausea , motion sickness , dizziness , disorientation , headache , fatigue , eye strain , or dry eyes .

using applications can distract you and obstruct your surroundings .

avoid trip hazards , stairs , low ceilings , fragile or valuable items that could be damaged .

a very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications .

even people with no history of seizures may have an undiagnosed condition that can cause these seizures .

symptoms may include lightheadedness , altered vision , twitching , jerking or shaking of limbs , disorientation , confusion , loss of consciousness , or convulsions .

immediately stop using and consult a doctor if you experience any of these symptoms , or consult a doctor before using the applications if you 've ever suffered symptoms linked to seizures .

parents should monitor their children 's use of applications for signs of symptoms .

parents and kids can use microsoft family features to build trust based on a shared understanding of what behaviors , websites , apps , games , physical locations , and spending is right in their family .

parents can create a family by going to https://account.microsoft.com/family -lrb- or by following the instructions on their windows device or xbox console -rrb- and inviting kids or other parents to join .

there are many features available to family members , so please carefully review the information provided when you agree to create or join a family .

by creating or joining a family , you represent that you will use the family in accordance with its purpose and wo n't use it in an unauthorized way to unlawfully gain access to another person 's information .

various microsoft services allow you to send messages to others via voice or sms -lrb- `` messages '' -rrb- , and/or allow microsoft and microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf .

when you instruct microsoft and microsoft-controlled affiliates to send such messages to you or to others , you represent and warrant to us that you and each person you have instructed us to message consent to receive such messages and any other related administrative text messages from microsoft and microsoft-controlled affiliates .

`` administrative text messages '' are periodic transactional messages from a particular microsoft service , including but not limited to a `` welcome message '' or instructions on how to stop receiving messages .

you or group members no longer wishing to receive such messages can opt-out of receiving further messages from microsoft or microsoft-controlled affiliates at any time by following the instructions provided .

if you no longer wish to receive such messages or participate in the group , you agree that you will opt out through the instructions provided by the applicable program or service .

if you have reason to believe that a group member no longer wishes to receive such messages or participate in the group , you agree to remove them from the group .

you also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier , including any international message charges that may apply when messages are transmitted from us-based numbers .

i. no access to emergency services .

there are important differences between traditional telephone services and skype .

skype is not required to offer access to emergency services under any applicable local and/or national rules , regulations , or law .

skype 's software and products are not intended to support or carry emergency calls to any type of hospitals , law enforcement agencies , medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points -lrb- `` emergency services '' -rrb- .

you acknowledge and agree that : -lrb- i -rrb- it is your responsibility to purchase traditional wireless -lrb- mobile -rrb- or fixed-line telephone services that offer access to emergency services , and -lrb- ii -rrb- skype is not a replacement for your primary telephone service .

if you want to use skype in connection with any broadcast , you must comply with the `` broadcast tos '' at http://www.skype.com/legal/broadcast .

if you want to use any application program interface -lrb- `` api '' -rrb- exposed or made available by skype you must comply with the applicable licensing terms , which are available at www.skype.com/go/legal .

fair usage policies may apply to your use of skype .

please review these policies which are designed to protect against fraud and abuse and may place limits on the type , duration or volume of calls or messages that you are able to make .

these policies are incorporated in these terms by reference .

you can find these policies at : http://www.skype.com/en/legal/fair-usage/

skype contains features that allow you to submit information to , or plot yourself on a map using , a mapping service .

by using those features , you agree to these terms and the google maps terms available at http://www.google.com/intl/en_all/help/terms_maps.html .

if you wish to use a business account and/or skype manager on behalf of the u.s. government or an agency of the u.s. government , these terms do not apply to that use .

for applicable terms and/or further information , please contact usgovusers@skype.net .

the use of skype is for your personal and noncommercial use .

you are permitted to use your personal skype account at work for your own business communications .

if skype provides you with a skype number or skype to go number , you agree that you do not own the number or have a right to retain that number forever .

a `` skype manager admin account '' is a skype account that is created and managed by you , acting as an individual administrator of a skype manager group and not as a business entity .

personal skype accounts can be linked to a skype manager group -lrb- `` linked account '' -rrb- .

you may appoint additional administrators to your skype manager group subject to their acceptance of these terms .

if you allocate skype numbers to a linked account , you are responsible for compliance with any requirements related to the residency or location of your linked account users .

if you choose to unlink a linked account from a skype manager group , any allocated subscriptions , skype credit or skype numbers will not be retrievable and your content or material associated with the unlinked skype account will no longer be accessible by you .