Terms of Use

MSN^® Direct Web Site Terms of Use and Notices

(last updated: November 2008)

AGREEMENT BETWEEN YOU AND THE MICROSOFT CORPORATION

The MSN Direct Web Site is made up of Web sites and various Web pages operated by the Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052 or its affiliates (collectively, the "MSN Direct Web Sites"). This Terms of Use and Notices applies to the MSN Direct Web Sites and does not apply to the content of third parties.

The MSN Direct Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MSN Direct Web Sites constitutes your agreement to all such terms, conditions, and notices.

Click on the links below for the terms and conditions that govern the use of the MSN Direct Service for Smart Watches and Navigation Devices:

MSN Direct for Smart Watches Service Subscription Agreement

MSN Direct for Navigation Devices Service Subscription Agreement

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Microsoft Online Privacy Statement for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE

Microsoft reserves the right to change the terms, conditions, and notices under which the MSN Direct Web Sites are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the MSN Direct Web Sites. Your continued use of the MSN Direct Web Sites constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the MSN Direct Web Sites are for your personal and non-commercial use. 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 MSN Direct Web Sites. Without the advance express written permission of MSN Direct, you may not 'meta-search' the MSN Direct Web Sites, send, or cause to be sent, any automated queries of any sort to the MSN Direct Web Sites, or use the MSN Direct Web Sites in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any MSN Direct Web Sites to determine how a web site "ranks" on any MSN Direct Web Sites. You must obtain a Windows Live ID to subscribe to the MSN Direct service. For additional information, see Get your Windows Live ID.

SEND TO GPS API SERVICE

MSN Direct allows websites other than Bing™ Maps to provide the "Send to GPS" functionality by providing a web interface through which locations and their associated metadata can be delivered. For "Send to GPS" API documentation and sample, please see the MSN Direct developer page. You may enable any website or application to deliver location data to a compatible navigation device. For purposes of the "Send to GPS" API service only, such applications are Authorized Applications. The location data can be delivered through the MSN Direct wireless network or a USB connection. For successful wireless delivery, the target device must have active MSN Direct service and be associated with a valid Windows Live ID and must be in area of signal reception. In using the Send to GPS API service, you may not:

cause advertising from a third party to appear in close proximity to a display of graphic elements that represent the Send to GPS service functionality ; or
copy, store, archive, republish, sell or create a database of results returned from the service, in whole or in part, directly or indirectly, except that an Authorized Application may store results in a temporary cache for a period not to exceed thirty (30) days solely for the purpose of using those results to carry out a specific user-requested action.

Microsoft may, at its sole discretion, release subsequent versions of the Send to GPS API and underlying data and require You to obtain and use the most current version.

RESTRICTIONS OF API USE

You have no rights with respect to the API or any portion thereof and shall not use the API or any portion thereof except as expressly set forth herein. Without limiting the generality of the foregoing, You agree not to (i) modify or create derivative works of the API; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose the API, any portion thereof or any documentation to any third party; or
You agree to be fully responsible for your own conduct and content while using the API, and for any consequences thereof. You agree to use the API only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines.

By way of example, and not as a limitation, You agree that when using the API, You will not:

upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;
use the API for any illegal or unauthorized purpose; or
submit content that falsely expresses or implies that such content is sponsored or endorsed by Microsoft; or
transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

In the event that You are located outside of the United States, or the website You are operating is running on a server located outside of the United States, You agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

As a condition to using and embedding the Send to GPS API into any commercial website, MSN Direct shall be acknowledged by displaying the MSN Direct logo and branding elements on any commercial websites that integrate the Send to GPS functionality provided by MSN Direct. In addition, companies making commercial use of the Send to GPS functionality must notify MSN® Direct Business Development at mailto:dbbusdev@microsoft.com.

LINKS TO THIRD PARTY SITES

The MSN Direct Web Sites may contain images of and links to 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 nor is Microsoft responsible if the Linked Site is not working appropriately. 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. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the MSN Direct Web Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Microsoft shall not be responsible or liable for any part of any such dealings or promotions.

Brand names, logos and trademarks used herein remain the property of their respective owners. All product descriptions and specifications are made and provided by their respective manufacturers.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MSN Direct Web Sites, you will not use the MSN Direct Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MSN Direct Web Sites in any manner that could damage, disable, overburden, or impair any MSN Direct Web Sites (or the network(s) connected to any MSN Direct Web Sites) or interfere with any other party's use and enjoyment of any MSN Direct Web Sites. You may not attempt to gain unauthorized access to any MSN Direct Web Sites, other accounts, computer systems or networks connected to any MSN Direct Web Sites, 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 through the MSN Direct Web Sites.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MSN DIRECT WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MSN DIRECT WEB SITES AND TO THE INFORMATION THEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MSN DIRECT WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE MSN DIRECT WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MSN DIRECT WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT MICROSOFT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN MSN DIRECT WEB SITE. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MSN DIRECT WEB SITE BY ANY THIRD PARTY.

IN NO EVENT 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 THE USE OR PERFORMANCE OF THE MSN DIRECT WEB SITES, WITH THE DELAY OR INABILITY TO USE THE MSN SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MSN DIRECT WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MSN DIRECT WEB SITES, 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 MSN DIRECT WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MSN DIRECT WEB SITES.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably 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 the use of the MSN Direct Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of the MSN Direct Web Sites. You agree to indemnify and hold Microsoft, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MSN Direct Web Sites. Microsoft reserves the right to disclose any personal information about you or your use of the MSN Direct Web Sites, including its contents, without your prior permission if Microsoft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Microsoft or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Microsoft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MSN Direct Web Sites or information provided to or gathered by Microsoft with respect to such use. If any part of this agreement 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Microsoft with respect to the MSN Direct Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to the MSN Direct Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

Microsoft, Microsoft Internet Explorer Logo, MSN, MSN Logo (butterfly), Outlook, Passport Logo, Windows, Windows NT, Windows Media, and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries.

The ESPN Logo is a registered trademark or trademark of ESPN, Inc. in the United States and/or other countries and used under license from ESPN, Inc.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES 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 Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

FOR INFORMATION REGARDING THE MSN DIRECT PRIVACY STATEMENT CLICK HERE.