The Bungie.net Web Site is comprised of various Web pages, including Bungie.net,
Bungie.com, "7th Column" and Bungie Store operated by Microsoft or its affiliates
(collectively, the "Bungie Web Sites").
The Bungie Web Sites are offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use of the Bungie Web
Sites constitutes your agreement to all such terms, conditions, and notices. The
Bungie Web Sites may also contain additional terms that govern particular features
or offers (for example, sweepstakes or chat areas) ("Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained within the Bungie
Web Sites, then these terms shall control.
MODIFICATION OF THESE TERMS OF USE
Microsoft reserves the right to change the terms, conditions, and notices under
which the Bungie Web Sites are offered, including but not limited to the charges,
if any, associated with the use of the Bungie Web Sites. You are responsible for
regularly reviewing these terms and conditions and your continued use of the website
acknowledges your agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Bungie 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 Bungie Web Sites.
LINKS TO THIRD PARTY SITES
The Bungie Web Sites may contain links to other 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 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.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bungie Web Sites, you warrant to Microsoft that
you will not use the Bungie Web Sites for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Bungie Web Sites in
any manner which could damage, disable, overburden, or impair the Bungie Web Sites
or interfere with any other party's use and enjoyment of the Bungie Web Sites. You
may not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Bungie Web Sites.
USE OF COMMUNICATION SERVICES
The Bungie Web Sites may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with
a group (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:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
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 reserves the right to terminate
your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Microsoft reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in Microsoft's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children 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, you are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY BUNGIE 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 any Bungie Web Site
or its associated services (collectively "Submissions"), to the extent what you
post does not include materials provided to you or otherwise owned by Microsoft
or its licensees. However, by posting, uploading, inputting, providing or submitting
your Submission 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 rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection with your Submission.
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 may remove any Submission at any time in Microsoft's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions (excluding materials
provided to you by Microsoft for the purpose of making your Submission).
SOFTWARE AVAILABLE ON THE BUNGIE WEB SITES
Software (if any) that is made available to download from the Bungie Web Sites,
excluding software that may be made available by end-users through a Communication
Service, ("Software") is the copyrighted work of Microsoft Corporation and/or its
suppliers. Your use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software ("License
Agreement"). You may not install or use any Software that is accompanied by or includes
a License Agreement unless you first agree to the License Agreement terms. For any
Software not accompanied by a license agreement, Microsoft Corporation hereby grants
to you, the user, a personal, non-transferable license to use the Software for viewing
and otherwise using the particular Bungie Web Sites in accordance with these Terms
of Use, and for no other purpose provided that you keep intact all copyright and
other proprietary notices. All Software is owned by Microsoft and/or its suppliers
and is protected by copyright laws and international treaty provisions. Any reproduction
or redistribution of the Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export control
laws and regulations of the USA. You agree not to export or re-export the Software,
directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE BUNGIE WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BUNGIE WEB SITES AT ANY TIME. ADVICE
RECEIVED VIA THE BUNGIE 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, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE XBOX.COM 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,
TITLE AND NON-INFRINGEMENT.
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 BUNGIE WEB SITES, WITH THE
DELAY OR INABILITY TO USE THE BUNGIE SITES OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE BUNGIE WEB SITES, OR OTHERWISE ARISING
OUT OF THE USE OF THE BUNGIE 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 BUNGIE WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE BUNGIE WEB SITES.
TERMINATION/ACCESS RESTRICTION
Microsoft reserves the right, in its sole discretion, to terminate your access to
any or all Bungie Web Sites and the related services or any portion thereof at any
time, without notice.
GENERAL
This agreement 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 the use of the Bungie 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 Bungie
Web Sites. 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 Bungie 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 Bungie 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 Bungie 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:
All contents of the Bungie Web Sites are: Copyright © Microsoft Corporation
and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All
rights reserved.
TRADEMARKS. Microsoft, Halo and/or other Microsoft products referenced herein are
either trademarks or registered trademarks of Microsoft. The names of actual companies
and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event 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.
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