Terms of Service

Microsoft Supplement to the UserVoice
Terms of Use (End Users)

Last updated: November 2015

  1. Acceptance of Terms

    These Windows Developer Feedback Terms of Service (the “Terms”) between you and Microsoft are supplemental to the UserVoice Terms of Service (End Users), which are incorporated here by reference, and applies to your use of the Windows Developer Feedback website and application (together the “Site”). Microsoft provides you with access to a variety of resources on the Site, including documents, photographs, videos, and other graphical, textual or audio-visual content (“Content”) and communication forums and other services (“Services”). The Content, Services and all other aspects of the Site are subject to these Terms. Microsoft reserves the right to update these Terms at any time without notice to you.

    By accessing or using the Content, Site or Services in any way, you agree to and are bound by these Terms. If you do not agree to all of the terms and conditions contained in these Terms, do not access or use the Content, Site or Services.

  2. Privacy and Protection of personal information

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

  3. Reservation of rights

    Microsoft reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise. Use of the Content, Site or Services does not provide or grant to you or any other person or entity any permissions or rights to any other Microsoft product, service or other asset.

  4. Prohibited use of services

    For any communities on the Site, you must follow the Microsoft Communities Rules of Conduct.

    As a condition of your use of Services, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. 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. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, 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 Services.

    The Services may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

    • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
    • 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, obscene, indecent or unlawful topic, name, material or information.
    • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
    • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
    • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
    • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
    • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
    • Falsify or delete any copyright management information, such as 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.
    • Violate any posting guidelines, code of conduct or other guidelines which may be applicable for any particular Communication Service.
    • Create a false identity for the purpose of misleading others.
    • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

    Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.

    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 to remove any information or materials, in whole or in part, in Microsoft’s sole discretion.

    Always use caution when giving out any personally identifiable information about yourself or your children and business sensitive information in any Communication Services. Microsoft does not control or endorse the content, messages or information found in any Communication Services, and Microsoft specifically disclaims any liability with regard to the Communication Services. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.

    Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination. You are responsible for adhering to such limitations if you download the materials.

  5. Submissions provided to this service

    Microsoft does not claim ownership of code, content, comments, feedback, suggestions, information or materials that you provide via the Site or any Services (“Submission”). However, by providing a Submission, you are granting Microsoft and its affiliated companies the perpetual, irrevocable, worldwide, unrestricted license, including sublicense rights, right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including by granting the general public the right to use your Submissions in accordance with these Terms, which may change over time), and the right to publish your name, city of residence, and e-mail address in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control, in any form and/or of any type that is or may at some future time be associated with your Submission to fulfill the terms of this license.

    No compensation will be paid with respect to the use of your Submissions. Microsoft is under no obligation to post or use any Submission, and, if used, Microsoft may remove and discontinue use of such Submission at any time at Microsoft’s sole discretion. By providing a Submission you warrant that you own or otherwise control any and all of the rights to your Submission and that your Submission is not subject to any rights of a third party (including any personality or publicity rights of any person).

    Do not send any novel or patentable ideas, or any ideas, samples, demos, or other works to which you do not want to grant the license set forth in these Terms. If you send us ideas or works as part of your Submission, you understand that Microsoft will not consider your Submission as confidential or proprietary, and hereby disclaims any and all liability or obligation with respect to such Submissions. You hereby release Microsoft and its employees, directors, customers and all others associated with Microsoft from any past, present or future liability or obligation, related directly or indirectly, to such Submission.

  6. Termination. Microsoft reserves the right to terminate your access to any or all of the
    Services at any time, without notice, for any reason whatsoever.
  7. Conflicting
    If any terms of any other agreement associated with the use of the
    Content, Site and Services conflict with the terms of this agreement, this
    agreement controls and trumps those other agreement conflicting terms.
  8. Applicable Law. Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
  9. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
  10. Disclaimer of Warranty. The Content, Site and Services are provided “as-is.” You bear the risk of using them. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  11. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to: (i) anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and (ii) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Copyright notice © 2015 Microsoft Corporation. All rights reserved.

Microsoft Limited Public License

This license governs use of code marked as “sample” or “example” available on the Site without a license agreement, as provided under the section above titled “NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THE SITE.” If you use such code (the “software”), you accept this license. If you do not accept the license, do not use the software.

  1. Definitions

    The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.

    A “contribution” is the original software, or any additions or changes to the software.

    A “contributor” is any person that distributes its contribution under this license.

    “Licensed patents” are a contributor’s patent claims that read directly on its contribution.

  2. Grant of Rights

    (A) Copyright Grant – Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.

    (B) Patent Grant – Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

  3. Conditions and Limitations

    (A) No Trademark License – This license does not grant you rights to use any contributors’ name, logo, or trademarks.

    (B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.

    © If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.

    (D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.

    (E) The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    (F) Platform Limitation – The licenses granted in sections 2(A) and 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.

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