TERMS OF USE – Microsoft Popfly Beta Program

1. Acceptance of Terms

The services that Microsoft provides to you through the Popfly beta Web site ("Web site") are subject to the following Terms of Use ("TOU") and the Windows Live Agreement, as defined below. Microsoft reserves the right to update the TOU at any time without notice to you. You can always view the most current version of the TOU by clicking on the "Terms of Use" hypertext link at the bottom of our Popfly Web pages. If you do not agree to any of these terms, please do not use the Web site or any of the Services offered through them.

2. Description of Services

  1. Description. As part of your participation in this beta program, Microsoft provides you with use of the Web site and access to a variety of resources, including developer tools, upload and download areas, communication forums to interact with other beta participants, contents offered through the Web site (including your content, content submitted by other users, and pre-populated content offered by Microsoft), learning materials, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

    The Services allow access to content submitted by you or other users participating in this beta program. Microsoft does not claim ownership over these submissions, and they are not part of the Services. Your rights and obligations regarding these submissions are discussed in more detail in Section 6 below.
  2. Pre-Release Version. The Services provided are a pre-release version. Microsoft may change the Services for a final version. Microsoft also may not release a final version.

3. Access to Services

  1. a. In order to access the Web site and Services, you will have to create an account through the Windows Live registration process, which includes accepting the Windows Live Services Agreement (“Windows Live Agreement”). You can see a current copy of the Windows Live Agreement here. In doing so, you will provide us with current, complete and accurate information as prompted by the applicable registration form.
  2. b. In the course of registering, you will choose a password and a user name. 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. You may not attempt to gain unauthorized access to any Services or other users’ accounts through hacking, password mining or any other means.

4. Usage Policy

  1. Evaluation Only. The Services and Web site are provided to you for evaluation purposes and for the purpose of providing feedback about them to Microsoft. You may use the Services to use, copy, modify (including creating “mash-ups”), and post on your Popfly web page the content or services created or owned by you, other users’ submissions, and the content offered by Microsoft’s participating partners through the Services. Otherwise, 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 Services. If you download or print a copy of anyone else’s content obtained through the Services, you must retain all copyright and other proprietary notices contained in it. You agree not to circumvent, disable or otherwise interfere with any technical limitations in the Services.
  2. Respect Others’ Rights. You may not use the Services or the Web site to: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Microsoft all of the license rights granted herein; (ii) access material that is in violation of someone else’s terms of use, API usage policy, or other terms relating to that material. Please review Section 7 carefully to see what you can and cannot submit.

    You also may not use the Services or the Web site to: (i) publish falsehoods or misrepresentations that could damage Microsoft or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) impersonate another person or company. In addition, you may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Services.
  3. Adherence to Code of Conduct. As a condition of your use of the Services, you will comply with the Popfly Code of Conduct.
  4. d. Microsoft has no obligation to you to monitor the Services. Microsoft reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to: satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post, or remove any information or materials, in whole or in part, in Microsoft's sole discretion.

5. Intellectual Property Rights; No Warranty; Liability Limitations.

  1. Copyright and Trademark Notices. All content or software provided as part of the Service or in the Web site, except users’ submissions and public services offered through government web sites, are owned by or licensed to Microsoft, and are Copyright © 2007 Microsoft Corporation and/or its suppliers. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft and Popfly are trademarks or registered trademarks of Microsoft in the United States and/or other countries. Third-party trademarks, service marks and logos contained in the Web site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved. Certain software used in certain Microsoft web sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
  2. NO WARRANTIES. MICROSOFT CORPORATION, ITS SUPPLIERS, AND OTHER LICENSORS OF CONTENT PROVIDE THE SERVICES AND CONTENT “AS IS” AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND THE CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
  3. LIMITATION OF LIABILITY. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION OR CONTENT AVAILABLE FROM THE SERVICES. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICES, CONTENT, AND/OR PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

6. User Submissions

  1. The Services include a tool that allows you to create and modify web pages and/or to combine (“mash-up”) a copy of two or more individual webpages, and a webpage on the Web site where you can post and share your resulting work with other beta program participants (“Derivative Webpage Copy”). All the materials that you create using the Services, or that you transmit to another person through the Services, or that you post, upload, input or submit to the Web site (including Derivative Webpage Copies) is referred to in this TOU as “Submissions” and will be deemed “submissions” for the purpose of the Windows Live Agreement.
  2. Microsoft does not claim ownership of or endorse Submissions and disclaims any liability with respect to users’ Submissions. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting:
    1. Microsoft and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, reproduce, modify, and create derivative works of the Submissions, (2) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the Submissions (and derivative works thereof), (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (4) to publish your name or alias in connection with your Submissions; and
    2. permission to each user of the Services to access your Submissions through the Web site to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, and create derivative works of your Submissions as permitted through the functionality of the Web site and under the TOU; and to publish your name or alias as it appeared within your Submissions.

      You may completely remove your Submissions at any time from the Web site, but such removal will not affect any licenses that you granted in connection with the Submissions prior to the time you completely removed them. No compensation will be paid for your Submissions or for the permissions you have granted above.
  3. To help make your contributions safe and freely usable by others in this beta program, you warrant that:
    • you own or otherwise have all rights necessary for you to Post the Submissions and grant the rights described above; and
    • your Submissions do not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer.

YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT MATERIAL THAT IS COPYRIGHTED, OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, OR THAT IS IN BREACH OF ANY APPLICABLE TERMS OF USE, API USAGE POLICIES, OR OTHER TERMS FOR ANY THIRD-PARTY WEBSITES.

  1. By Posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part ("Images"), you warrant and represent that (i) 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 the TOU and the Services, (ii) you have the rights necessary to grant the licenses and sublicenses described in the TOU, and (iii) each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the 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 (1) to all members of your private community (for each such Images available to members of such private community), permission to use your Images in connection with the use, as permitted by the TOU, of any of the Services, 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 the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination will 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.
  2. If we receive a valid complaint about a Submission or decide at our sole discretion to remove a Submission or other material you have posted, we reserve the right to remove such a Submission completely from the Web site.  If you have incorporated an offending Submission in your “mash-up,” then our removal may affect your “mash-up.”  If you are the person who had submitted an offending Submission, we may also terminate your access to the Services, as described in Section 4(d).

7. Feedback; Unsolicited Idea Submission Policy.

  1. Feedback.  If you give Microsoft feedback about the Services, you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your feedback.  These sublicense rights survive this TOU.
  2. Unsolicited Ideas.  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 or unsolicited ideas to Microsoft or anyone at Microsoft. 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. If, despite this request, you still send them, please understand that Microsoft makes no assurances that your ideas and materials will be treated as confidential or proprietary.

8. Links to Third Party Sites/Services Provided at Those Sites.

THIS WEB SITE IS DESIGNED FOR ENTERTAINMENT AND LEARNING PURPOSES, AND INCLUDES ACCESS TO THIRD-PARTY SERVICES IN THE FORM OF “BLOCKS” ON THE MASH-UP PAGE.  WE HAVE NOT TESTED THESE THIRD-PARTY SERVICES FOR PERFORMANCE, ACCURACY, SUITABILITY OR ANY OTHER PURPOSE.  LINKS (INCLUDING THESE “BLOCKS”) TO THIRD PARTY SITES WILL LET YOU LEAVE MICROSOFT'S SITE AND/OR ACCESS THIRD-PARTY SERVICES. THE LINKED SITES AND ACCESSED SERVICES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OR SERVICES OF ANY LINKED OR CONNECTED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE OR SERVICES YOU MAY OBTAIN FROM SUCH SITE. MICROSOFT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR QUALITY OF THE SERVICES YOU MAY OBTAIN FROM THE THIRD PARTY SITE AND DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO ANY SUCH THIRD PARTY SERVICES. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE THIRD PARTY SITE OR YOUR USE OR PERFORMANCE OF SERVICES OBTAINED BY YOU FROM THIRD PARTY SITES.