MICROSOFT ZOOM.IT TERMS OF SERVICE
What does this Contract cover? This is a contract between you and Microsoft Corporation (“Microsoft”). Sometimes Microsoft is referred to as “we,” “us” or “our”. This contract applies to the Microsoft Zoom.it service or other Microsoft software or services, including updates, that display or link to this contract and that you use while this contract is in force. All of the software or services are referred to in this contract as the “Service.”
Please note that we do not provide warranties for the Service. The contract also limits our liability. These terms are in sections 10 and 11 and we ask you to read them carefully.
What rights do I have? Subject to your compliance with this contract, you may use the Service to host and display your content.
You may also be provided with access to documented Application Programming Interfaces (“APIs”), as provided by the Service, which you may use to develop an online application (an “Application”) that is designed to access and use the Service to display results using only methods and means of access that are documented in the most current version of the Zoom.it APIs at: http://api.zoom.it/ or such successor link for or successor or replacement SDKs/APIs as Microsoft may designate.
Your Application and content in your Application must always be available publicly without restriction (for example, login or password must not be required). You may not host any Application which uses the Service in an environment where access to such Application is limited to an internal audience within your company or organization. Please utilize the standalone developer controls provided by Zoom.it, Silverlight and other APIs for development on non-public sites.
We may require access credentials to use the Service, and may employ transaction limits and throttling methods for some or all uses of the Service at our discretion.
Content You Provide to the Service. Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us, that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Service (called a “submission”), nor do we offer any endorsement of your submission. However, by posting or otherwise providing your submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider this constitutes a “submission”, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a “submission”), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your submission, each in connection with the Service, and sublicense these rights to others in order to provide the Service. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the Service at any time. You understand that providing a submission to us that violates others’ copyrights and other Intellectual Property rights is a violation of this contract. For every submission you make, you must have all rights necessary for you to grant the permissions in this section.
You understand that Microsoft may need to and you hereby authorize Microsoft to use, modify, copy, distribute and display submission posted on the Service to the extent necessary to provide the Service. This includes:
- storing and retrieving the submission;
- making the submission available to you and, if applicable, to those members of the public to whom you have granted access;
- conforming to connecting networks' technical requirements; and
- conforming to the limitations and terms of the Service.
You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 3 and that the use and publication of your submission by Microsoft does not breach any law. We will not pay you for your submission. We may refuse to publish your submission and may remove your submission from the Service at any time and at our sole discretion, for any reason.
Limitations and Conditions of the Service. We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.
Microsoft may, in its sole discretion, limit the: (i) rate at which the Service, or any subset of it, may be called, (ii) the amount of storage made available to each Service account, or (iii) the length of individual content segments that may be uploaded to, or served from, the Service (all of the foregoing being forms of “Throttling”). Microsoft may perform this Throttling globally across the entire Service, per end user, or on any other basis. You will not take steps to circumvent any technical measures we may put in place to enforce Throttling.
Privacy. Your access to and use of the Service is subject to the data practices set forth in the Microsoft Privacy Statement available at http://privacy.microsoft.com. You are responsible for providing end users with adequate notice of the privacy practices applicable to your Application. In order to operate and provide the Service, we collect certain information about you. We use and protect that information as described in the Microsoft Online Privacy Statement, http://go.microsoft.com/fwlink/?LinkId=74170. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers or the public.
The Service is a private computer network that Microsoft operates for the benefit of itself and its customers. Microsoft retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the Service.
Personal information collected through the Service may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries or agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Microsoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union.
How We May Change the Contract; Change the Service or Cancel the Service. If we change this contract, then we will provide notice as provided in section 16 below. If you do not agree to these changes, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed contract.
We may choose in the future to charge for all use of the Service, or change the requirements for use of the Service free of charge. If we choose to change the fee requirements for the Service, Microsoft will provide notice of such terms as provided in section 16 below, and you may elect to stop using the Service rather than incurring fees.
We may change the Service or APIs at any time and for any reason. Such changes may include removal of features, or the requirement of fees for previously-free features. Some changes to the Service may cause existing Applications to stop working. We may cancel or suspend your use of the Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service or APIs stops immediately. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later.
Your Responsibility. You will indemnify and hold the Microsoft parties harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of any breach by you of any obligation or warranty under this contract. You will be solely responsible for defending any claim, subject to Microsoft's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on the Microsoft parties without Microsoft's prior written consent.
Reservation of Rights. Microsoft and its suppliers retain all right, title and interest in and to the Service, the APIs and all intellectual property rights therein. This agreement does not grant you any rights in any Microsoft logo, trademark or service mark, and you will not use any logo, trademark or service mark of Microsoft for any purpose without the prior written approval of Microsoft. You will not claim or imply any sponsorship or endorsement of your Application by Microsoft.
Term. This agreement will become effective on your first use of the Service or APIs. This agreement may be terminated immediately for any reason and without notice by Microsoft. If this agreement terminates, all rights granted to you by this agreement will automatically terminate and you will cease to have any rights to use the Service or APIs.
WE MAKE NO WARRANTY. We provide the Service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the Service. The Microsoft parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
LIABILITY LIMITATION. You can recover from the Microsoft parties only direct damages up to an amount equal to fees you have paid to us for the Service for one month, if applicable. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
- the Service,
- your use of the APIs,
- content (including code) on third party Internet sites, third party programs or third party conduct,
- viruses or other disabling features that affect your access to or use of the Service,
- incompatibility between the Service and other services, software and hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
Interpreting the Contract. All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
Assignment. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person without our prior written consent, which will not be unreasonably withheld. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Service or any part of the Service.
No Third Party Beneficiaries. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
Claim Must Be Filed Within One Year. Any claim related to this contract or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
Notices; Consent Regarding Electronic Information. This contract is in electronic form. We have promised to send you certain information in connection with the Service and we have the right to send you certain additional information. There may be other information regarding the Service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your Service. We may provide required information to you:
- by posting to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available; or
- by posting on any portion of http://zoom.it or to another Microsoft web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.
Choice of Law and Location for Resolving Disputes. Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your Service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract.
Support. Customer support is not offered for the Service, unless provided otherwise in this contract or the materials we publish in connection with the Service specify that it includes customer support.