IMPORTANT -- READ CAREFULLY: Please be sure to carefully read and understand all the rights and restrictions in the Community Bar Terms of Use (“TOU”) and Community Bar Privacy Statement (“Privacy Statement”).
Microsoft Community Bar Version 1.0 Terms of Use
(Last updated: May, 2006)
THIS IS AN AGREEMENT BETWEEN YOU AND MICROSOFT.
These Terms of Use (“TOU”) are an agreement between you and Microsoft Corporation (“Microsoft” or “we”). This TOU governs your voluntary participation in and use of the Community Bar Research Project only. The Community Bar Research Project, which is operated by Microsoft (or its affiliates), is an Internet Explorer add-in that enriches the Web browsing experience by providing personalized, contextual information relevant to your browsing activity. It uses panels (similar to framed Web pages) that collect which Web page you’re browsing in Internet Explorer and return some information to you about that page. Among other things, the panels let you tag, make comments or rate the sites you browse and see the tags, comments and ratings other Community Bar users have made. Community Bar does not modify the pages you visit; instead, it lets you build a community around pages (distinct from the sites themselves) and lets you interact with others Community Bar users who visit those pages. This TOU does not govern your use of other Microsoft products, services or web sites.
You represent that you are at least 18 years old. Your participation in the Community Bar Research Project constitutes your acceptance of this TOU, the Privacy Statement without modification. Microsoft reserves the right to update the TOU at any time in its discretion without notice to you. The most current version of the TOU can be reviewed by reading the "Terms of Use" text box located on the http://www.communitybar.net/tou.html web site. You are responsible for regularly reviewing this TOU for any changes. Your participation in or use of the Community Bar Research Project after the effective date of such changes shall constitute your continuing acceptance of this TOU, as amended from time to time. THIS TOU CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY LISTED BELOW IN UPPERCASE FONT. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
NOTICE: When you install Community Bar, you will be prompted to enter a login and password. You can sign up for a login and password on http://www.theworkingnetwork.com. Your login is a username that will be associated with any tags, ratings, notes or other information you provide about a page while using the Community Bar. The login can be any name not already in use –whether you choose to use your real name as your login is up to you.
When you log in to Community Bar your login and password will be sent to Microsoft. When you’re logged into Community Bar, the URL for each Web site you visit in Internet Explorer, including intranet URLs and non-html pages such as http://www.widgets.microsoft.com/doc/something.xls, is sent to the servers that host the panels in your copy of Community Bar. The only exception is that HTTPS (Hypertext Transfer protocol over Secure Socket Layer) URLs are not sent. The panels collect the URLs in order to return to you any notes, ratings, etc. that others have made about the page located at that URL.
Some panels that may be used in Community Bar are hosted by Microsoft; others are hosted by third parties. The Community Bar Privacy Statement only describes what happens to information collected by the Microsoft-hosted panels. For third-party panels, what information is logged and how that information is used depends on the privacy policies of the third party hosting the panel. You can verify whether a particular panel is hosted by Microsoft by clicking on Settings and looking at the Author column. For additional information please see the Community Bar Privacy Statement.
Unless otherwise specified, the Community Bar Research Project is for your personal and non-commercial use only without any redistribution or as may be authorized in a specific Microsoft license relating to any software or service available through the Community Bar Research Project, you 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 the Community Bar Research Project.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If the Community Bar Research Project requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also need to choose a password and a user name, and if so, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
As a condition of your participation in or use of Community Bar, you agree that you will not use Community Bar for any purpose that is unlawful, harms Microsoft or any end user or other third party, or otherwise is prohibited by this TOU. You may not participate in or use Community Bar in any manner which could damage, disable, overburden, or impair Community Bar or interfere with any other party's use and enjoyment of Community Bar. You may not attempt to gain unauthorized access to any services, information, pictures, software, other accounts, computer systems or networks connected to any Microsoft server or to Community Bar, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Community Bar.
Community Bar may contain message or communication facilities designed to enable you to tag, make comments, or rate the sites you browse, see and otherwise communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, YOU AGREE THAT WHEN USING A COMMUNICATION SERVICE, YOU WILL NOT:
Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MICROSOFT ALSO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR PARTICIPATION IN AND ACCESS TO COMMUNITY BAR AND THE RELATED COMMUNICATION SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON WHATSOEVER.
Microsoft may monitor your electronic activities and communications and reserves the right at all times to disclose any information in the event it has a good faith reason to believe it is necessary (a) to satisfy any applicable law, regulation, legal process or governmental request, (b) to protect and defend the rights of property of Microsoft, its affiliates and/or the Community Bar Research Project, or (c) to act in urgent circumstances to protect the personal safety of users of Microsoft products, services and/or the Community Bar Research Project. Microsoft may edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion. (Also, regarding use of your information, see the Community Bar Privacy Statement.) (d) to store logs of usage and data for later analysis.
Always use caution when giving out any personally identifying information about yourself, your children and family or any other persons in any Communication Service. Microsoft does not control or endorse the content, messages or information found in any Communication Service and, therefore, MICROSOFT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MICROSOFT WEB SITE.
Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to Community Bar or its associated Communication Services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by tagging, posting, rating, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Microsoft, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of Community Bar, and its Communication Services , including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; in order to carry out research concerning Community Bar.
No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion.
BY POSTING A SUBMISSION YOU WARRANT AND REPRESENT THAT YOU OWN OR OTHERWISE CONTROL ALL OF THE RIGHTS TO YOUR SUBMISSION AS DESCRIBED IN THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, ALL THE RIGHTS NECESSARY FOR YOU TO PROVIDE, POST, UPLOAD, INPUT OR SUBMIT THE SUBMISSIONS.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by this TOU, Community Bar and the Communication Services, (b) you have the rights necessary to grant the licenses and sublicenses described in this TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by this TOU, of any of Community Bar and any of its Communication Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of Community Bar and any Communication Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from Community Bar and any Communication Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed copyright infringement
should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.
THE COMMUNITY BAR RESEARCH PROJECT MAY CONTAIN LINKS TO OTHER THIRD PARTY WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS NOT RESPONSIBLE FOR SERVICES OR APPLICATIONS OFFERED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS.
MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT 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 PRODUCTS 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.
Copyright © 2006 Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
DISCLAIMER OF LIABILITY AND WARRANTY.
THE COMMUNITY BAR RESEARCH PROJECT, INCLUDING (BUT NOT LIMITED TO) ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, PHOTOS, VOICES, PICTURES AND OTHER THINGS INCLUDED IN OR AVAILABLE THEREIN, IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND MAY INCLUDE DEFICIENCIES, INACCURACIES AND TYPOGRAPHICAL ERRORS. MICROSOFT AND ITS RESPECTIVE SUPPLIERS MAY IMPROVE, DELETE, CHANGE, IMPAIR, DISRUPT OR EVEN DISCONTINUE THE COMMUNITY BAR RESEARCH PROJECT IN ANY WAY, AT ANY TIME AND FOR ANY REASON. ADVICE RECEIVED VIA THE COMMUNITY BAR RESEARCH PROJECT SHOULD NOT BE RELIED UPON FOR PERSONAL, SAFETY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MICROSOFT CORPORATION, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS, STATUTORY OR IMPLIED) WITH RESPECT TO THE COMMUNITY BAR RESEARCH PROJECT AND ANY INFORMATION AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, WITH REGARD TO (A) TITLE AND NON-INFRINGEMENT, (B) ENCUMBRANCES OR LIENS, AND (C) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE COMMUNITY BAR RESEARCH PROJECT AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED THEREIN FOR MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT (TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAW) SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE COMMUNITY BAR RESEARCH PROJECT, WITH THE DELAY OR INABILITY TO USE COMMUNITY BAR OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COMMUNITY BAR RESEARCH PROJECT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE [insert] RESEARCH PROJECT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR PARTICIPATING IN THE COMMUNITY BAR RESEARCH PROJECT.
NOTICES TO YOU
YOU CONSENT TO MICROSOFT PROVIDING YOU ANY INFORMATION THAT MICROSOFT IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE COMMUNITY BAR RESEARCH PROJECT (“REQUIRED INFORMATION”) TO BE SENT IN ELECTRONIC FORM VIA EMAIL AT THE ADDRESS YOU SPECIFIED WHEN YOU REGISTERED ON HTTP://WWW.THEWORKINGNETWORK.COM (as updated by you), IF ANY, AND/OR (IF ACCEPTABLE UNDER THE LAW), BY POSTING SUCH REQUIRED INFORMATION CONSPICUOUSLY ON THE RELEVANT COMMUNITY BAR RESEARCH PROJECT WEB SITE.
GENERAL
This TOU is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to your participation in or the use of the Community Bar, without regard to conflicts of law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this TOU or participation in or use of Community Bar. Microsoft's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your participation in or use of Community Bar or information provided to or gathered by Microsoft with respect to such participation or use. If any part of this TOU 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 TOU shall continue in effect.
CONTACT US
Questions about this Community Bar Research Project can be sent to cbar@microsoft.com. Piracy questions can be routed to piracy@microsoft.com or by calling 1-800-R-U-LEGIT. Questions or notices about copyright infringement should be sent according to “NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT” at http://www.microsoft.com/info/cpyrtInfrg.htm.