Terms of Service; Didn't Read

“I have read and agree to the Terms” is the biggest lie on the web. We aim to fix that.

Welcome to our edit tool

Using this online tool, you can help to update the content of the ToS;DR website. Below are the most recent changes people have made. Above, you can see the menu bar, where you can navigate to the list of Services, or the Points search page.

How it works

A service is a website or online application, for instance YouTube. A case is an individual remark that can form part of the review of a service, for instance "you need to be 13 years old to use this service"; each is assigned a topic to provide grouping. A point links a case to a service, for instance "you need to be 13 years old to use YouTube".

To review a service's terms and conditions, first make sure the service is listed, and contact us if it isn't. Then read the actual terms and policies you have to agree to to use this service, and make a note about anything that you find remarkable. Find the existing case for each of these review remarks, or create it if necessary, and create a point to add that case as a remark in the review of the service. Use the checklist to see if you forgot to review any aspects.

Then you need to wait for a curator to approve your changes, after which your review will show up on https://tosdr.org, will be picked up by the ToS;DR browser extensions, and included in DuckDuckGo's Privacy Grade, for which our API is one of several input factors. For services whose terms and policies are tracked by ToSBack, you can try out our experimental annotate view.

This tool is still very much under construction, and has bugs. Please open a github issue for anything you think should be improved.

Examples (see all):

23andMe

N/A

Amazon AWS

  •  Third parties may be involved in operating the service
  •  There is a date of the last update of the terms
N/A

coursera

  •   Terms may be changed any time at their discretion, without notice to the user
  •  The service provides a complete list of all cookies set by its website
  •  The service may use tracking pixels, web beacons, browser fingerprinting, and/or device fingerprinting on users.
  •  Blocking cookies may limit your ability to use the service
  •  The service provides details about what kinds of personal information they collect
  •  coursera
  •  You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
  •  This service can use your content for all their existing and future services
  •  If you offer suggestions to the service, they become the owner of the ideas that you give them
C

Recent changes:

Peepo: 2019-08-19 23:26:22 UTC
--- text: - - " Privacy Policy <p>\n<strong>What information do we collect?</strong>\n</p>\n<p>We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.\nWhen ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.\nYou may, however, visit our site anonymously.</p>\n<p>\n<strong>What do we use your information for?</strong>\n</p>\n<p>Any of the information we collect from you may be used in one of the following ways:</p>\n<ul>\n<ul>\n<li>To personalize your experience.\nYour information helps us to better respond to your individual needs.</li>\n<li>To improve our website.\nWe continually strive to improve our website offerings based on the information and feedback we receive from you.</li>\n<li>To improve customer service.\nYour information helps us to more effectively respond to your customer service requests and support needs.</li>\n<li>To process transactions.</li>\n<li>Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.</li>\n<li>To administer a contest, promotion, survey or other site features.</li>\n<li>To send periodic emails.</li>\n<li>The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.</li>\n</ul>\n</ul>\n<p>\n<strong>How do we protect your information?</strong>\n</p>\n<p>We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.</p>\n<p>We offer the use of a secure server.\nAll supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.</p>\n<p>After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.</p>\n<p>\n<strong>Do we use cookies?</strong>\n</p>\n<p>Yes.\nCookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.\nWe use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.\nWe may contract with third-party service providers to assist us in better understanding our site visitors.\nThese service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.</p>\n<p>\n<strong>Do we disclose any information to outside parties?</strong>\n</p>\n<p>We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.\nThis does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.\nWe may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.\nHowever, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.</p>\n<p>\n<strong>Third party links</strong>\n</p>\n<p>Occasionally, at our discretion, we may include or offer third party products or services on our website.\nThese third party sites have separate and independent privacy policies.\nWe therefore have no responsibility or liability for the content and activities of these linked sites.\nNonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.</p>\n<p>\n<strong>California Online Privacy Protection Act Compliance</strong>\n</p>\n<p>Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act.\nWe therefore will not distribute your personal information to outside parties without your consent.</p>\n<p>As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel and going to the 'Edit Profile' page.</p>\n<p>\n<strong>Childrens Online Privacy Protection Act Compliance</strong>\n</p>\n<p>We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age.\nOur website, products and services are all directed to people who are at least 13 years old or older.\ninfo@lootcrate.com</p>\n<p>\n<strong>Terms and Conditions</strong>\n</p>\n<p>Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at https://www.lootcrate.com/terms-conditions.\nBy using our site, you consent to our privacy policy.</p>\n<p>\n<strong>Changes to our Privacy Policy</strong>\n</p>\n<p>If we decide to change our privacy policy, we will post those changes on this page.</p>\n<p>\n<strong>Contacting Us</strong>\n</p>\n<p>If there are any questions regarding this privacy policy you may contact us using the information below.</p>\n<p> privacy@lootcrate.com</p>\n<p>https://www.lootcrate.com/</p> " updated_at: - 2019-08-19 23:25:55.700045496 Z - 2019-08-19 23:26:22.804326068 Z
Peepo: 2019-08-19 23:25:55 UTC
--- id: - - 1814 name: - - Privacy Policy url: - - https://www.lootcrate.com/privacy-policy xpath: - - "/html/body/div[2]/div[2]/div/div/div/div[2]" created_at: - - &1 2019-08-19 23:25:55.700045496 Z updated_at: - - *1 service_id: - - 1798 user_id: - - 2527
Peepo: 2019-08-19 23:24:54 UTC
--- text: - '' - " Terms of Service <p>By using, accessing, or purchasing from this website (\"Site\"), which is owned and operated by Loot Crate, Inc.\n(herein referred to as \"Loot Crate\" or \"Loot Crate™\"), you acknowledge that you have read, understood, and agree to the following Terms of Service (\"Terms\" or \"Agreement\").\nIf, at any time, you do not agree to these Terms, please do not use this Site.\nLoot Crate™ reserves the right to revise these Terms at any time by updating this posting.\nIf we make material changes to the Agreement, we will notify you by email or through a message posted on the Services.\nYou agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately.\nYour continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement.\nIf you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services, and may cancel your subscription at any time by following the cancellation instructions under your “Subscription Contract.” As a condition of your use of this Site, you agree that you are at least 18 years of age and that you possess the authority to enter into a binding legal agreement.\nWe grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser.\nWe reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice.\nWe reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.</p>\n<p>By accessing or using any part of the Site, you accept these Terms, without limitation or qualification.\nYou may not use any portion of the Site if you do not agree with all of the Terms.\nPrice information found on this site is subject to change without notice.</p>\n<p>If you have any questions regarding the Term, please contact us at WELOVEYOU@LOOTCRATE.COM.</p>\n<p>We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site.\nWe reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so.\nWe may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.\nYour continued use of the Site will constitute your acceptance of any such changes.</p>\n<p>\n<strong>Use of the Website</strong>\n</p>\n<p>We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use.\nNo mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted.\nAny other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing.\nYou further agree not to change or delete any proprietary notices from materials downloaded from this Site.\nYou may print a copy of the information displayed on this Site for your personal use.\nThat means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site.\nThis restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission.\nFor the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.</p>\n<p>We reserve the right to change any information, features and functions of the Site without prior notice.\nWe may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.</p>\n<p>We may assign you a password and account identification to enable you to access and use certain portions of this Site.\nEach time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Loot Crate™ has no obligation to investigate the authorization or source of any such access or use of the Site.</p>\n<p>You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.</p>\n<p>You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.\nYou shall immediately notify Loot Crate™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.</p>\n<p>You may receive emails regarding your account or promotions for special offers, including third party offers.</p>\n<p>\n<strong>Registration and Membership</strong>\n</p>\n<p>Monthly crates for Loot Crate™, Loot Wear subscriptions and other subscription crates offered from time to time are shipped to your address at the address you provided.\nYou may receive emails regarding your account or promotions for special offers, including third party offers.\nYou can cancel your membership anytime without charge by contacting Customer Support.\nPlease refer to the Help Center for further details.</p>\n<p>\n<strong>Billing and Payments</strong>\n</p>\n<p>By starting your Loot Crate subscription and providing or designating a payment method, you authorize us to charge you on a recurring monthly/3-monthly/6-monthly/12-monthly (depending on your chosen subscription package) subscription fee at the then current rate.\nWe reserve the right to adjust pricing for our subscriptions in any manner and at any time as we may determine in our sole and absolute discretion.\nExcept as otherwise expressly provided for in these Terms of Service, any price changes to your subscription will take effect following email notice to you.</p>\n<p>As a Member, you agree to the following benefits and Terms:</p>\n<p>You must provide us and keep us up to date with accurate contact and payment information, including name, shipping address, and credit or debit card number.\nWe save your payment information for ease of future shipments and charges.\nAll such personal information is subject to the Privacy Policy.\nYou are responsible for any fees or charges your issuing bank or credit card provider may charge you.\nIf your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement.\nAny account changes made after the 5th of each month should not be expected to reflect on the subscription until the following shipping period.</p>\n<p>In an effort to get crates to our subscribers as soon as possible, we begin processing shipments prior to the signup cutoff.\nAs a result, all address updates must be made within 48 hours prior to the subscription renewal date (see \"Your Subscription Contract\" below for renewal date information) to ensure they are correctly reflected on your shipment.\nOur shipping service does not include the forwarding with your mail to an updated address.\nAny forwarding fees incurred will not be reimbursed or credited to your subscription.</p>\n<p>\n<strong>Returns</strong>\n</p>\n<p>Refunds for returns will be limited to the product price only and will not include shipping and handling costs incurred at the time of purchase.</p>\n<p>\n<strong>YOUR SUBSCRIPTION CONTRACT</strong>\n</p>\n<p>BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.\nYOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE.\nTO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT LOOTCRATE.COM OR EMAIL SUPPORT AT WELOVEYOU@LOOTCRATE.COM.\nALL SUBSCRIPTIONS THAT ARE STARTED BETWEEN THE 6TH AND THE 19TH OF ANY GIVEN MONTH IN THE CASE OF LOOT CRATE AND LOOT WEAR WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 5TH OF THE FOLLOWING SUBSCRIPTION PERIOD.\nALL SUBSCRIPTIONS THAT ARE STARTED BETWEEN THE 6TH AND THE 27TH OF ANY GIVEN MONTH IN THE CASE OF LOOT ANIME OR LOOT GAMING WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 5TH OF THE FOLLOWING SUBSCRIPTION PERIOD.\nIF YOU SUBSCRIBE OUTSIDE OF THESE PERIODS FOR ANY OF LOOT CRATE, LOOT WEAR, LOOT ANIME OR LOOT GAMING SUBSCRIPTIONS, YOUR RENEWAL DATE WILL BE YOUR ACTUAL SIGN-UP DATE.\nYOUR RENEWAL DATE WILL BE THE 15TH OF THE MONTH IN WHICH YOU ARE EXPECTED TO RECEIVE THE FINAL CRATE IN YOUR CURRENT SUBSCRIPTION PERIOD FOR FIREFLY CARGO CRATE.\nIF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM.\nLOOT CRATE™ MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT.</p>\n<p>IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.\nWE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME.\nRETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT.\nMEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.\nIF AN ANNUAL SUBSCRIPTION IS NOT FULFILLED TO THE FULL 12 MONTH TERM, $20 WILL BE HELD AS PAYMENT FOR THE LOOT CRATE™ T-SHIRT PROVIDED AS A CONTINGENCY OF THE 12 SHIPMENT COMMITMENT.</p>\n<p>\n<strong>Product Information.\nLimitation on Quantities</strong>\n</p>\n<p>Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable.\nCertain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability.\nWe also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged).\nWe do not guarantee that all products described on our Site will be available.\nFor the sake of clarity, we reserve the right to substitute any products within a specific crate with similar products of the same genre.</p>\n<p>\n<strong>Risk of Loss</strong>\n</p>\n<p>Any merchandise purchased from our Site will be shipped by a third party carrier.\nAs a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier.\nAll missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability.\nIf the product is available, a replacement will be shipped and a refund will not be issued or considered.\nDamaged items must be reported and include a photo in the ticket submission.\nDamaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item.\nBlemishes to packaging will not be considered as part of a damaged item.\nAll refunds will be at the discretion of customer support.</p>\n<p>\n<strong>Copyright</strong>\n</p>\n<p>The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Loot Crate™ and is protected by copyright and other intellectual property or proprietary rights.\nThe collective work includes works that are licensed to Loot Crate™.\nCopyright 2012, 2013, 2014, 2015 Loot Crate.\nAll rights reserved.\nWe do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors.\nWe cannot guarantee information displayed on this Site to be 100% accurate.</p>\n<p>\n<strong>Trademarks</strong>\n</p>\n<p>All trademarks, service marks, and trade names of Loot Crate™ on the Site are trademarks or registered trademarks of Loot Crate™, or of their respective owners.</p>\n<p>\n<strong>User Generated Content</strong>\n</p>\n<p>By sharing, submitting and uploading any of your data (including but not limited to photographs, images, video, music, art, or comments) to Loot Crate's™ website, Loot Crate's™ social media channels (including, without limitation, Twitter (including # and @ comments incorporating Loot Crate™), Facebook and Instagram) and pages dedicated to Loot Crate™ in discussion forums (e.g., Reddit), you grant Loot Crate™ a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Loot Crate™.\nYou acknowledge and agree that you are solely responsible for all the user data that you make available through such means.\nAccordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Loot Crate™ the required rights to disseminate any user data, and (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or Loot Crate's™ use of your uploaded data (or any portion thereof) on, through or by the means of Loot Crate™ will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.</p>\n<p>\n<strong>Warranty Disclaimer</strong>\n</p>\n<p>Except as otherwise specifically provided, the site and the products offered on the site are provided on as \"as is\" and \"as available\" basis without warranties or any kind, whether express or implied.\nTo the fullest extent permissible pursuant to applicable law, Loot Crate™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.\nLoot Crate™ does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components.\nLoot Crate™ does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.\nApplicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.</p>\n<p>\n<strong>Limitation of Liability</strong>\n</p>\n<p>Neither Loot Crate™ nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if Loot Crate™ has been advised of the possibility of such damages.\nIn no event will Loot Crate's™ liability to you exceed the amounts that you paid to Loot Crate™ in connection with your Loot Crate™ membership.\nApplicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.</p>\n<p>In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Loot Crate™ shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.\nLoot Crate™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.\nIf your credit card has already been charged for the purchase and your order is canceled, Loot Crate™ shall immediately issue a credit to your credit card account in the amount of the charge.</p>\n<p>Loot Crate™ has no liability for injury or damage caused by products within the crate.\nSuch liability is the sole responsibility of the product brand or manufacturer.</p>\n<p>These Terms are applicable to you upon your accessing the Site.\nThese Terms, or any part of them, may be modified or terminated by Loot Crate™ without notice at any time, for any reason.\nLoot Crate™ reserves the right to limit discount codes to one per customer in its sole discretion.\nThe provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.</p>\n<p>\n<strong>ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:</strong>\n</p>\n<p>Purpose:</p>\n<p>This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Loot Crate.\nArbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.</p>\n<p>Please read this Arbitration Agreement carefully.\nIt provides that all disputes between you and Loot Crate shall be resolved by binding arbitration.\nArbitration replaces the right to go to court.\nIn the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).\nExcept as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury.\nThere is no judge or jury in arbitration, and court review of an arbitration award is limited.\nThe arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees, if otherwise authorized by applicable law).</p>\n<p>For the purpose of this Arbitration Agreement, \"Loot Crate\" means Loot Crate and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents.\nThe term “Dispute” means any dispute, claim, or controversy between you and Loot Crate regarding any aspect of your relationship with Loot Crate, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below).\n\"Dispute\" is to be given the broadest possible meaning that will be enforced.</p>\n<p>WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.</p>\n<p>Pre-Arbitration Dispute Resolution:</p>\n<p>For all Disputes, whether pursued in court or arbitration, you must first give Loot Crate an opportunity to resolve the Dispute.\nYou must commence this process by mailing written notification to Loot Crate, Inc.\nThat written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek.\nIf Loot Crate does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.\nYou may pursue your Dispute in a court only under the circumstances described below.</p>\n<p>Arbitration Procedures:</p>\n<p>If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Loot Crate may initiate arbitration proceedings.\nThe American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.\nThe arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration.\nAll issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.</p>\n<p>For arbitration before the AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply.\nfor Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply.\nIn either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.\nThe AAA rules are available at www.adr.org or by calling 1-800-778-7879.\nFor arbitration before JAMS, the JAMS Comprehensive Arbitration Rules &amp.\nProcedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.\nThe JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.\nThis Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules.\nUnder no circumstances will class action or representative action procedures or rules apply to the arbitration.</p>\n<p>Because your contract with Loot Crate, the Terms of Service, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.\nHowever, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.</p>\n<p>Arbitration Award:</p>\n<p>The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.\nThe arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party.\nSuch award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.</p>\n<p>Location of Arbitration:</p>\n<p>You may initiate arbitration in either Los Angeles, CA, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.\nIn the event that Loot Crate initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.</p>\n<p>Payment of Arbitration Fees and Costs:</p>\n<p>Loot Crate will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration.\nYou are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.\nFees and costs may be awarded as provided pursuant to applicable law.\nIn addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loot Crate as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Loot Crate your actual and reasonable attorney’s fees and costs as determined by the arbitrator.</p>\n<p>\n<strong>Class Action Waiver:</strong>\n</p>\n<p>The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Loot Crate specifically agree to do so following initiation of the arbitration.\nNeither you, nor any other Member of Loot Crate and/or user of Loot Crate services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.</p>\n<p>Limitation of Procedural Rights:</p>\n<p>You understand and agree that, by entering into this Arbitration Agreement, you and Loot Crate are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court.\nIn the absence of this Arbitration Agreement, you and Loot Crate might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).\nExcept as otherwise provided below, you give up those rights.\nOther rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration.\nThe right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.</p>\n<p>Severability:</p>\n<p>If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.\nIf the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.</p>\n<p>Small Claims Court:</p>\n<p>As an alternative to arbitration, you may bring a claim against Loot Crate in a small claims court of competent jurisdiction.\nSuch a claim may be brought in your name only, and not as a class action, representative action, consolidated action or private attorney general action.\nNo small claims court or other court shall have the right to consolidate multiple parties’ claims or award relief to any person who is not a direct party to such small claims court proceeding.</p>\n<p>Continuation:</p>\n<p>This Arbitration Agreement shall survive the termination of your contract with Loot Crate and your use of Loot Crate services.</p>\n<p>\n<strong>Taxes</strong>\n</p>\n<p>Your total price will include the price of the product plus any applicable sales tax.\nsuch state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.\nWe will charge tax only in states and other territories where the goods sold over the internet are taxable.</p>\n<p>\n<strong>International Use</strong>\n</p>\n<p>We control and operate the Site from the United States.\nWe make no representation that materials on the Site are appropriate or available for use outside the United States.\nIf you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.\nAll pricing is in United State dollars.\nAny subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.</p>\n<p>Notice</p>\n<p>Loot Crate™ may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.</p>\n<p>\n<strong>Use of Site</strong>\n</p>\n<p>Use of the Site for any illegal or unauthorized purpose is strictly prohibited.</p>\n<p>\n<strong>Indemnification</strong>\n</p>\n<p>You agree to indemnify, defend, and hold harmless Loot Crate™, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.</p>\n<p>\n<strong>Discount Codes</strong>\n</p>\n<p>Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease,modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from this site.</p>\n<p>\n<strong>Privacy</strong>\n</p>\n<p>Registration data and certain other information about you are subject to our Privacy Policy.</p>\n<p>You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks.\nand (b) changes to conform and adapt to technical requirements of connecting networks or devices.</p>\n<p>Third-Party Links: In an attempt to provide increased value to our visitors, Loot Crate™ may link to sites operated by third parties.\nHowever, Loot Crate™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Loot Crate™.\nThese linked sites are only for your convenience and therefore you access them at your own risk.\nNonetheless, Loot Crate™ seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).</p>\n<p>Miscellaneous: These Terms constitute the entire agreement between you and Loot Crate™ with regard to your use of the Site.\nNeither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.\nLoot Crate™ may assign its rights and duties under this Agreement to any party at any time without notice to you.</p>\n<p>Loot Crate™ Refer-a-Friend Program</p>\n<p>As a Refer-a-Friend member (a \"Referrer\"), you are subject to Loot Crate's™ Terms of Service and Loot Crate's™ Privacy Policy (both available on our website), as well as the following additional Terms &amp.\nConditions for Loot Crate's™ Refer-a-Friend program:</p>\n<p>Qualified Referral.\nA Qualified Referral is defined as a purchase made at www.lootcrate.com by a person (a \"Referred Customer\") who arrives to our website by clicking your Refer-a-Friend program link.\nYou are limited to one Qualified Referral for each Referred Customer.\nin other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.</p>\n<p>Referred Customer.\nThe Referred Customer and the Referrer cannot be the same person.\nThe Referred Customer must have a different email address, along with different billing and shipping information from the Referrer.</p>\n<p>Referral Rewards.\nFor you to earn referral rewards as a Referrer, the Referred Customer must complete an order.</p>\n<p>Reward Payments.\nRewards are payable in increments of $5 unless explicitly noted.\nThere is no maximum Qualified Referrals that can be earned per calendar.\nAs a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.</p>\n<p>Eligibility.\nEligibility is limited to individuals only.\nLoot Crate's™ Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Loot Crate's™ sole discretion.</p>\n<p>No Spam.\nYou must comply with all up-to-date \"SPAM\" laws.\nFor example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged.\nAny distribution of your referral link that could constitute unsolicited commercial email or \"spam\" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Loot Crate's™ Refer-a-Friend program.</p>\n<p>Right to Close Accounts.\nLoot Crate™ reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Loot Crate™ Refer-a-Friend program in a questionable manner or breaches any of these Terms of Service or is in violation of any law, statute or governmental regulation.</p>\n<p>Right to Cancel Program or Change Terms.\nLoot Crate™ reserves the right to cancel the Refer-a-Friend Program or to change these Terms of Service at any time in its sole discretion.\nAny unclaimed referral rewards will be forfeited at that time.</p>\n<p>Loot Crate™ Mega Crate and Mini Mega Crate, Loot Anime™ Kaiju Mega Crate, Loot Wear™ Bonus Level, Loot Gaming™ Legendary Drop and Epic Drop, and Firefly™ Cargo Crate Big Damn Prize Giveaway</p>\n<p>OFFICIAL RULES</p>\n<p>\n<strong>SPONSOR.</strong> Loot Crate™ and Mini Mega Crate, Loot Anime™ Kaiju Mega Crate, Loot Wear™ Bonus Level, Loot Gaming™ Legendary Drop and Epic Drop, and Firefly™ Cargo Crate Big Damn Prize Giveaway and other periodic sweepstakes (each, a \"Sweepstake\", and collectively, the \"Sweepstakes\" is sponsored by Loot Crate, Inc.\n(\"Loot Crate” or \"Sponsor\").</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE NECESSARY TO ENTER OR WIN.\nPURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.</strong>\n</p>\n<p>Sweepstakes open to permanent, legal residents of Argentina, Australia, Belgium, Canada, Chile, Colombia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, Mexico, Netherlands, Norway, New Zealand, Poland, Portugal, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United States (excluding Rhode Island) who are eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor, subsidiaries, affiliates and advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes.\nAll applicable federal, state, and local laws and regulations apply.\nVoid where prohibited.\nSweepstakes begins on the 1st of the month at 12:01 a.m.\nPST, and ends at 11:59 p.m.\nEST on the last day of the month.\nThe contest continues every month (the \"Sweepstakes Period\").</p>\n<p>VOID WHERE PROHIBITED BY LAW.</p>\n<p>\n<strong>HOW TO ENTER.\nEntry as a Loot Crate™ Subscriber:</strong>\n</p>\n<p>To enter the Sweepstakes as a Loot Crate™ subscriber, no action is necessary as long as the account is currently paid and active.\nIf there is a dispute as to the identity of an entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address.\nThe \"authorized account holder\" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.</p>\n<p>You may also enter to win by mailing in your name, address, e-mail address and telephone number to Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031 to the attention of the name of the sweepstakes/contest/giveaway (e.g., Attn: Mega Crate Sweepstakes).</p>\n<p>\n<strong>WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>Beginning on or about the 1st of the month one (1) winner will be randomly generated and chosen by Sponsor from among all eligible entries.\nSponsor will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry.\nEach potential winner may be required to execute and return an affidavit of eligibility, release of liability, an IRS W-9 form, and, except where prohibited, publicity release (collectively, \"Sweepstakes Documents\") within thirty (30) days of accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Sweepstakes Documents have been correctly completed and received from a potential winner, per these Official Rules, the potential winner shall be an official \"Prize Winner\" of the Contest.\nPrizes are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of the Sponsor.\nAll Federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.</p>\n<p>\n<strong>PRIZES:</strong>\n</p>\n<p>One (1) Grand Prize will be awarded.\nGrand Prize winner will receive one (1) Mega Crate prize pack comprised of collectibles, apparel, limited edition items and other gear as selected by the Sponsor and published online and via newsletter every month.</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>All entries become the property of Sponsor and will not be acknowledged or returned.\nEntry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, \"Released Parties\") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Sweepstakes.</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\nor for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com.\nSponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).</p>\n<p>DISPUTES: THE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE.\"</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES:</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, winners will be announced on Loot Crate's™ social media channels and/or online at www.lootcrate.com.</p>\n<p>\n<strong>Privacy.</strong>\n</p>\n<p>Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with the Sponsor's privacy policy available at www.lootcrate.com.</p>\n<p>LOOT CRATE LOOT DADS SWEEPSTAKES Official Rules\n</p>\n<p>OFFICIAL SWEEPSTAKES RULES</p>\n<p>\n<strong>SPONSOR.</strong> The Loot Crate Loot Dads Sweepstakes (the “Sweepstakes”) is sponsored by Loot Crate, Inc.\n(“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031.\n</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.</strong>\n</p>\n<p>The Sweepstakes is open only to permanent legal residents of United States (excluding Florida, Rhode Island and New York), who are at least eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor and their respective subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes.\nAll applicable federal, state and local laws and regulations apply.\nSponsor, its subsidiaries, affiliates and agents reserve the right at any time to verify that any and all participants/contestants meet the eligibility requirements in any manner deemed appropriate.\nSubject to all applicable federal, state, local and municipal laws and regulations.\nVOID WHERE PROHIBITED OR RESTRICTED BY LAW By entering this Sweepstakes, you acknowledge that you either own all right, title and interest in and to any protectable content (including, but not limited to, copyrighted material or proprietary information) contained in your entry, or, if your entry contains content that would infringe any rights owned by a third party, that you have secured the right to use content and to license the same to Sponsor under the terms set forth herein.\nYou further acknowledge that each entry design is: (a) wholly original and not based on any pre-existing design.\n(b) does not incorporate or include any material or content that would require the consent of a third party.\nand (c) does not violate any copyright, trademark, publicity, privacy, or any other right of any third party.\nAll entries will become the sole property of Sponsor and may be displayed publicly on Sponsor’s website.\nEach winner agrees to transfer all right and title to his/her entry to Sponsor in accordance with these Official Rules of this Sweepstakes.\nYou agree to indemnify and hold Sponsor, its affiliated entities, and their respective employees, officers, directors, owners, agents, licensees and assigns harmless from any and all liability arising if through oversight, negligence or willful misconduct, your entry contains material that violates any third party’s rights.\n</p>\n<p>\n<strong>SWEEPSTAKES ENTRY PERIOD.</strong>\n</p>\n<p>This Sweepstakes begins at 6:10:00 p.m.\nPacific Time on June 10, 2019 and ends at 11:59:00 p.m.\nPacific Time on June 16, 2019 (the “Sweepstakes Entry Period”).\n</p>\n<p>\n<strong>HOW TO ENTER.</strong>\n</p>\n<p>Read and follow the on-screen instructions set forth in the Sweepstakes Overview above to register for the Sweepstakes, visit Gleam.IO or download the Loot Crate app.\nYou may also enter by mail by sending in your name and email address to: Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: Loot Dads Sweepstakes.\nIf you choose to enter the Sweepstakes using your mobile device, standard data fees may apply.\nYou should consult your wireless service provider’s pricing plan for details.\nYou agree to incur any and all charges demanded by your wireless carrier.\nBy correctly completing the entry procedures, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules.\nDesigns containing mature content, profanity or other inappropriate language are strictly prohibited.\nEach entry must contain all requested information to be eligible to win.\nSponsor reserves the right to remove any entries for any reason.\nSponsor reserves the right to remove any entries for any reason.\nNormal Internet access and usage charges imposed by your online service will apply.\nEntries by any method other than set forth above are void.\nUse of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s discretion.\n</p>\n<p>\n<strong>WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>One (1) winner will be randomly generated by Sponsor from among all eligible entries on or about June 16, 2019.\nWinner will be announced on or about June 19, 2019\nSponsor will make at least two (2) attempts to notify each potential winner (or in the case of a minor, his or her parent or legal guardian) via email address submitted at the time of entry.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) must respond to Sponsor’s email notification to claim his/her prize within seven (7) days after the date the email was sent.\nFailure to timely respond within this time period will result in disqualification, and, time permitting, an alternative potential winner(s) may be selected from the remaining eligible entries.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) may be required to execute and return an affidavit of eligibility, a contract assigning all ownership of his/her design submission to Sponsor, release of liability, an IRS W-9 form, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within thirty (30) days after accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nSponsor reserves the right not to select a winner, if in its sole discretion, no suitable entries are received.\nSponsor reserves the right to disqualify any entrant or entry at its sole discretion.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Sweepstakes Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official \"Prize Winner\" of the Sweepstakes.\nPrizes are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor.\nAll federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.\nBy entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of the judges and Sponsor, which shall be binding and final in all respects.\n</p>\n<p>\n<strong>PRIZES.(collectively, the “Prizes”).</strong>\n</p>\n<p>Sweepstakes will award one (1) Prize consisting of:\nOne (1) year subscription to Loot Crate\nApproximate Retail Value ('ARV') of the Prize package is U.S.\n$240 (two hundred forty dollars).\nWinner will not receive the difference between actual and ARV.\nPrizes received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion.\nNo substitution or transfer of prizes is permitted except as provided herein.\n</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>All entries become the property of Sponsor and will not be acknowledged or returned.\nEntry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter, Gleam.io and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Sweepstakes.\n</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\ntraffic congestion.\nor for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com and Gleam.io.\nSponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.\nDISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.\n</p>\n<p>DISPUTES.\nTHE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES.</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor’s official website located at www.lootcrate.com.\n</p>\n<p>\n<strong>PRIVACY.</strong>\n</p>\n<p>Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available at www.lootcrate.com.</p>\n<p>LOOT CRATE HARD ROCK HOTEL RIVIERA MAYA CONTEST</p>\n<p>OFFICIAL CONTEST RULES</p>\n<p>\n<strong>SPONSOR.</strong> The Loot Crate Trivia (the “Contest”) is sponsored by Loot Crate, Inc.\n(“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031, and all Prizes are contributed by Loot Crate.</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.</strong>\n</p>\n<p>The Contest is open only to permanent legal residents of the United States and the District of Columbia (excluding Rhode Island) who are at least eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor, and their respective parents, subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Contest, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Contest.\nAll applicable federal, state and local laws and regulations apply.\nSponsor, its subsidiaries, affiliates, and agents reserve the right at any time to verify that any and all participants/Contests and meet the eligibility requirements in any manner deemed appropriate.\nVOID WHERE PROHIBITED BY LAW.</p>\n<p>By entering this Contest, you acknowledge that you either own all right, title and interest in and to any protectable content (including, but not limited to, copyrighted material or proprietary information) contained in your entry, or, if your entry contains content that would infringe any rights owned by a third party, that you have secured the right to use content and to license the same to Sponsor under the terms set forth herein.\nYou further acknowledge that each entry design is: (a) wholly original and not based on any pre-existing design.\n(b) does not incorporate or include any material or content that would require the consent of a third party.\nand (c) does not violate any copyright, trademark, publicity, privacy, or any other right of any third party.\nAll entries will become the sole property of Sponsor and may be displayed publicly on the Sponsor’s website.\nEach Prize Winner hereby agrees to transfer and by entering, does transfer, all right and title to his/her entry to Sponsor in accordance with these Official Rules of this Contest.\nYou Agree to indemnify and hold Sponsor, its affiliated entities, Spectacle, and their respective employees, officers, directors, owners, agents, licensees and assigns harmless from any and all liability arising if, through oversight, negligence or willful misconduct, your entry contains material that violates any third party’s rights.</p>\n<p>\n<strong>CONTEST ENTRY PERIOD.</strong>\n</p>\n<p>This Contest begins at 11:00:00 a.m.\nPacific Time on April 10, 2019, and ends at 11:59:59 p.m.\nPacific Time on May 22, 2019 (the “Contest Entry Period”).</p>\n<p>\n<strong>HOW TO ENTER.</strong>\n</p>\n<p>To enter the contest, you must register with a valid email address on https://Spectacle.live/lootcrate and play the Loot Crate Trivia game(s).\nBy correctly answering questions and answer quickly, points will be awarded during each game within the contest period.\nThe scores for each game will be compiled on a leaderboard during the game’s duration.\nEach game can only be played once.\nSponsor reserves the right to remove any entries for any reason.</p>\n<p>\n<strong>WEEKLY PRIZE WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>Only eligible players participating in a game during the contest can win.\nWinners will be based on the final leaderboard for each game during the contest period.\nThe leaderboard will be based on points collected for answering questions correctly, answering questions quickly and sharing scores on social media and email.\nThe winners are the top five (5) scores for each game at the end of the game’s duration.\nSponsor will make at least one (1) attempt(s) to notify each potential winner (or in the case of a minor, his or her parent or legal guardian) via the email address submitted at the time of entry.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) must respond to Sponsor’s email notification to claim his/her prize within seven (7) days after the date the email was sent.\nFailure to timely respond within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) will be required to execute and return an affidavit of eligibility, a contract assigning all ownership of his/her design submission to Sponsor, release of liability, an IRS W-9 form in the event the prize value exceeds $600 per year, and, except where prohibited, publicity release (collectively, “Contest Documents”) within thirty (30) days after accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nSponsor reserves the right not to select a winner if, in its sole discretion, no suitable entries are received.\nSponsor reserves the right to disqualify any entrance or entry at its sole discretion.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Contest Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official \"Prize Winner\" of the Contest.\nPrizes Are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor.\nAll federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the PrizeWinners.\nBy entering this Contest, you agree to be bound by these Official Rules and the decisions of the judges and Sponsor, which shall be binding and final in all respects.</p>\n<p>\n<strong>WEEKLY PRIZES.(collectively, the “Prizes”).</strong>\n</p>\n<p>Weekly prizes will be tiered based on the number of players during each game during the Contest period.\nThere will be a total of five (5) Weekly Prize Winners selected for each game.\nThe tiers will be based on the following:</p>\n<p>Tier 1, # of players 1-50, Prizes $10 Vault (5 Winners), Value $10 each Tier 2, # of players 51-100, Prizes $15 Vault (5 Winners), Value $15 each\nTier 3, # of players 101-500, Prizes Free Crate (5 Winners), Value Up to $20 value each\nTier 4, # of players 501-1000, Prizes Free Partner Crate (5 Winners), Value Up to $42 value each\nTier 5, # of players 1001-2000, Prizes Free 3 Months (5 Winners), Value Up to $68.85 value each\nTier 6, # of players 2001-5000, Prizes Free year of Loot Crate (5 Winners), Value Up to $251 value each\nTier 7, # of players 5001+, Prizes Free year of Loot Crate DX (5 Winners), Value Up to $612 value each</p>\n<p>Prizes Received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion.\nNo substitution or transfer of prizes is permitted except as provided herein.\nOnly one winner per household.\nAny winners of tiers 5, 6, and 7 are not eligible to claim additional prizes of those tiers until their first prize is completely fulfilled.\nIf a winner is ineligible to claim a prize due to this, the prize will be awarded to the next position in the leaderboard.\nLoot Crate reserves the right to disqualify any user found to play with multiple entries and accounts.\nOnce the game’s contest period is over, the game will be made available for play at any time but the leaderboard will not count for prizes.\nIn this mode, the gameplay will be for fun with no prizes awarded to anyone new playing.</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>All entries become the property of Sponsor and will not be acknowledged or returned.\nRegistration constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image,photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Contest, each entrant agrees for entrant and forentrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Contest, and each of their respective directors, officers, employees and assigns(collectively, “Released Parties”) from any liability, illness, injury, death,loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Contests And/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee,express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein orin the Contest itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Contest.</p>\n<p>\n<strong>CONTEST GRAND PRIZE RAFFLE.</strong>\n</p>\n<p>For the contest period, Loot Crate’s Main Sponsor is providing:\n</p>\n<p>4 nights at Hard Rock Hotel Riviera Maya, Mexico for a family of four\n4 flights capped at $500 each\nApproximate retail value of prize package is $4,212.00</p> Each contest game played during the contest period will qualify for one entry into the grand prize raffle.\nA max of seven entries will be considered for the raffle.\nLoot Crate will randomly pick a winner from all qualified entries by May 21st, 2019.\nApproximate Retail Value ('ARV') of the Prize package is $4212.00 (four thousand two hundred and twelve dollars) Actual value may vary based room rate fluctuations.\nWinner will not receive the difference between actual and ARV.\nOdds of winning the Contest depend upon the number of eligible entries received during the Promotion Period.\nWinner will be provided an official prize certificate that is good for one year.\nVacation must be booked at least twenty-one (21) days prior to arrival at the resort and no more than 90 days in advance.\nVacation subject to availability and blackout dates.\nNo refund or compensation will be made in the event of the cancellation or delay of any travel arrangements.\nAll expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, incidentals, passenger tariffs or duties, surcharges, airport fees, security fees, taxes or other expenses are the responsibility solely of winner.\nWinner's travel companion must be at least eighteen (18) years of age or older as of the date of departure.\nIf the winner's travel companion is under eighteen (18) years of age, the winner must be the travel companion's parent/legal guardian.\nTravel companion must travel on the same itinerary and at the same time as the winner.\nTravel companion must execute liability/publicity releases prior to issuance of travel documents.\nTravel restrictions, conditions, and limitations may apply.\nWinner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel.\nWinner and travel companion are solely responsible for their own conduct while accepting the prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the prize, including, but not limited to, consumption of alcoholic beverages.\nNo cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Main Sponsor's sole discretion.\nMain Sponsor reserves the right to substitute the Prize for one of equal or greater value if the Prize should become unavailable for any reason.\nThe winner is responsible for all taxes and fees associated with Prize receipt and/or use.\nOnce the winner is notified, the Main Sponsor will provide all the details required to claim and redeem the grand prize.\n<p>\n</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake,terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (accepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Contest.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\ntraffic congestion.\nor for entries that are stolen, misdirected,garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com.Sponsor may prohibit any entrant or potential entrant from participating in the Contest if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass another entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).\nSpectacle, the game service provider, is not responsible for any prizes and issues with any gameplay, or game player misconduct.</p>\n<p>DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>\n<strong>ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.</strong>\n</p>\n<p>Purpose:\nThis Arbitration Agreement Facilitates the prompt and efficient resolution of any disputes that may arise between you and Loot Crate.\nArbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such disputes) decided in a lawsuit, in court, by a judge or jury trial.\nPlease read this Arbitration Agreement carefully.\nIt provides that all disputes between you and Loot Crate Shall be resolved by binding arbitration.\nArbitration replaces the right to go to court.\nIn the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others(including, but not limited to, class actions).\nExcept as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury.\nThere is no judge or jury in arbitration, and court review of an arbitration award is limited.\nThe arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees if otherwise authorized by applicable law).\nFor the purpose of this Arbitration Agreement, “Loot Crate” means Loot Crate and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents.\nThe term “Dispute” means any dispute, claim, or controversy between you and Loot Crate regarding any aspect of your relationship with Loot Crate, whether based in contract, statute, regulation,ordinance, tort (including, but not limited to, fraud, misrepresentation,fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below).\n“Dispute” is to be given the broadest possible meaning that will be enforced.\nWE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY INEXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.</p>\n<p>Pre-Arbitration Dispute Resolution:\nFor all Disputes, whether pursued in court or arbitration, you must first give Loot Crate an opportunity to resolve the Dispute.\nYou must commence this process by filing written notification to Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, California 90031.\nThat written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek.\nIf LootCrate does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.\nYou may pursue your Dispute in a court only under the circumstances described below.\nArbitration Procedures:\nIf this Arbitration Agreement Applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Loot Crate may initiate arbitration proceedings.\nThe American Arbitration Association (“AAA”), www.adr.org, orJAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.\nThe arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration.\nAll issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.\nFor arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply.\nfor Disputes involving $75,000 or more, the AAa Commercial Arbitration Rules will apply.\nIn either instance, the AAA Optional Rules For Emergency Measures Of Protection shall apply.\nThe AAA rules are available at www.adr.org or by calling 1-800-778-7879.\nFor arbitration before JAMS, the JAMS Comprehensive Arbitration Rules &amp.\nProcedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Caseswill apply.\nThe JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.\nThis Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules.\nUnder no circumstances will class action or representative action procedures or rules apply to the arbitration.\nBecause your contract with LootCrate, the Terms of Service, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.\nHowever, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.</p>\n<p>Arbitration Award:\nThe arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.\nThe arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party.\nSuch award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.</p>\n<p>Location of Arbitration:\nYou may initiate arbitration in either Los Angeles, CA, or in the federal judicial district that includes the address that you provide in your written notification of Pre-Arbitration Dispute Resolution.\nIn the event that Loot Crate initiates an arbitration, it may only do so in the federal judicial district that includes the address that you provide in your written notification of Pre-Arbitration Dispute Resolution.</p>\n<p>Payment of Arbitration Fees and Costs:\nLoot Crate will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration.\nYou are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.\nFees and costs may be awarded as provided pursuant to applicable law.\nIn addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Loot Crate as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Loot Crate your actual and reasonable attorney’s fees and costs as determined by the arbitrator.</p>\n<p>Class Action Waiver:\nThe parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Loot Crate specifically agree to do so following initiation of the arbitration.\nNeither you, nor any other Member of Loot Crate and/or user of Loot Crate services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.</p>\n<p>Limitation of Procedural Rights:\nYou understand and agree that, by entering into this Arbitration Agreement, you and Loot Crate are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court.\nIn the absence of this Arbitration Agreement, you and Loot Crate Might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).\nExcept as otherwise provided below, you give up those rights.\nOther rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration.\nThe right to appellate review of an arbitrator's decision is much more limited than in court, and in general, an arbitrator's decision may not be appealed for errors of fact or law.</p>\n<p>Severability:\nIf any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.\nIf the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.</p>\n<p>Small Claims Court:\nAs an alternative to arbitration, you may bring a claim against Loot Crate in a small claims court of competent jurisdiction.\nSuch a claim may be brought in your name only, and not as a class action, representative action, consolidated action or private attorney general action.\nNo small claims court or other courts shall have the right to consolidate multiple parties’ claims or award relief to any person who is not a direct party to such small claims court proceeding.</p>\n<p>Continuation:\nThis Arbitration Agreement shall survive the termination of your contract with Loot Crate and your use of LootCrate services.\n</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES.</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor's official website located at www.lootcrate.com.</p>\n<p>\n<strong>PRIVACY.</strong>\n</p>\n<p>Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available atwww.lootcrate.com/privacy_policy.\nThis promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.</p>\n<p>LOOT CRATE NICKELODEON HOTELS AND RESORTS PUNTA CANA SWEEPSTAKES</p>\n<p>OFFICIAL Sweepstakes RULES</p>\n<p>\n<strong>SPONSOR.</strong> LOOT CRATE NICKELODEON HOTELS AND RESORTS PUNTA CANA SWEEPSTAKES (the “Sweepstakes”) is sponsored by Loot Crate, Inc.\n(“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031.</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.</strong>\n</p>\n<p>The Sweepstakes is open only to permanent legal residents of the United States (excluding Rhode Island, New York and Florida), who are at least eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor and their respective subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes.\nAll applicable federal, state and local laws and regulations apply.\nSponsor, its subsidiaries, affiliates and agents reserve the right at any time to verify that any and all participants/contestants meet the eligibility requirements in any manner deemed appropriate.\nVOID WHERE PROHIBITED OR RESTRICTED BY LAW and subject to all applicable federal, state, local and municipal laws and regulations.\n</p>\n<p>\n<strong>SWEEPSTAKES ENTRY PERIOD.</strong>\n</p>\n<p>TThis Sweepstakes begins at 12:00:00 a.m.\nPacific Time on May 28, 2019, and ends at 11:59:59 p.m.\nPacific Time on June 19, 2019 (the “Sweepstakes Entry Period”).\n</p>\n<p>\n<strong>HOW TO ENTER.</strong>\n</p>\n<p>All Loot Crate and Loot Crate DX subscribers currently subscribed before and during the Sweepstakes Term will receive one (1) automatic entry into the Sweepstakes.\nYou may also enter by mail by sending in your name and email address to: Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: LOOT CRATE NICKELODEON HOTELS AND RESORTS PUNTA CANA SWEEPSTAKES which must be received by Sponsor by the respective deadlines set forth above.\nBy correctly completing the entry procedures, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules.\nSponsor reserves the right to remove any entries for any reason.\nSponsor reserves the right to remove any entries for any reason.\nNormal Internet access and usage charges imposed by your online service will apply.\nEntries by any method other than set forth above are void.\nUse of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification, at Sponsor’s discretion.\n</p>\n<p>\nYou may also enter by filling out the online entry form on Gleam.io, or by mail by sending in your name and email address to: Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: LOOT CRATE NICKELODEON HOTELS AND RESORTS PUNTA CANA SWEEPSTAKES which must be received by Sponsor by the respective deadlines set forth above.\n</p>\n<p>\n<strong>WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>A total of one (1) Grand Prize Winner will be randomly selected by Sponsor and its employees, principals, officers and owners on or around June 24, 2019.\nThe Winner will be notified on or around June 28, 2019.\n</p>\n<p>\nSponsor will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry.\nEach potential winner must respond to Sponsor’s email notification to claim his/her prize within two (2) days after the date the email was sent.\nFailure to timely respond within this time period will result in disqualification, and, time permitting, an alternative potential winner(s) may be selected from the remaining eligible entries.\nSponsor is not responsible for any change in an email address or any computer or server malfunctions that may result in the notification email not being received.\nEach potential winner will be required to execute and return an affidavit of eligibility and, except where prohibited, publicity release, and the grand prize winner will also be required to execute and return an IRS W-9 form (collectively, “Sweepstakes Documents”), within two (2) days after accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nSponsor reserves the right to disqualify any entrant or entry at its sole discretion.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Sweepstakes Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official “Prize Winner” of the Sweepstakes.\nPrizes are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor.\nAll federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.\nBy entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor, which shall be binding and final in all respects.\n</p>\n<p>\n<strong>PRIZES.</strong>\n</p>\n<p>Sweepstakes will award one (1) Grand Prize consisting of: 4-day / 3-night stay at Nickelodeon Hotels and Resorts Punta Cana, which includes your choice of either a family sliming or character breakfast amenity.\nMay include two (2) adults, 18 years of age at the time of entry, and two (2) children 12 years of age or younger.\n</p>\n<p>\nAirfare for a family of four (4) capped at US$500 (five hundred dollars) a piece.\nApproximate Retail Value ('ARV') of the Prize package is US$4,176.05.\n(four thousand one hundred seventy-six dollars and five cents).\nActual value may vary based room rate fluctuations.\nWinner will not receive the difference between actual and ARV.\n</p>\n<p>\nPrizes received cannot be exchanged for cash or transferable or sold or transferred for commercial use, and prizes cannot be used in conjunction with any other promotion.\nNo substitution or transfer of prizes is permitted except as provided herein except that Sponsor may, at Sponsor’s sole discretion, substitute a prize of equal or greater value.\nSponsor will not replace any lost or stolen prizes and prize elements may not be separated.\nA prize cannot be used in conjunction with any other promotion or offer.\nAll prizes will be awarded provided a sufficient number of entries are received.\n</p>\n<p>\nThe odds of winning depend on the number of eligible entries received.\n</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>Entry constitutes permission (except where prohibited by law) for Sponsor, and their affiliates to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, and all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify the Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Sweepstakes.\n</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\ntraffic congestion.\nor for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com.\nSponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).\nVacation must be booked at least twenty-one (21) days prior to arrival at the resort.\nVacation subject to availability and blackout dates.\nNo refund or compensation will be made by Main Sponsor in the event of the cancellation or delay of any travel arrangements.\nAll expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, air transportation, ground transportation, incidentals, passenger tariffs or duties, surcharges, airport fees, security fees, taxes or other expenses are the responsibility solely of winner.\nWinner's travel companion must be at least eighteen (18) years of age or older as of the date of departure.\nIf winner's travel companion is under eighteen (18) years of age, the winner must be the travel companion's parent/legal guardian.\nTravel companion must travel on same itinerary and at the same time as the winner.\nTravel companion must execute liability/publicity releases prior to issuance of travel documents.\nTravel restrictions, conditions and limitations may apply.\nWinner and travel companion are solely responsible for obtaining valid passports before the time of entry and any other documents necessary for international travel.\nWinner and travel companion are solely responsible for their own conduct while accepting the prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the prize, including, but not limited to, consumption of alcoholic beverages.\nMain Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.\nNo cash equivalent and all prizes are non-transferable, and no substitution will be made except as provided herein at the Main Sponsor's sole discretion.\nMain Sponsor reserves the right to substitute the Prize for one of equal or greater value if the Prize should become unavailable for any reason.\nWinner is responsible for all taxes and fees associated with Prize receipt and/or use.\n</p>\n<p>DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES.</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, Prize Winners may be requested by mail to Sponsor’s address set forth above.\nPrize Winners may also be announced on Sponsor’s social media channels and/or online at www.lootcrate.com.</p>\n<p>\n<strong>PRIVACY.</strong>\n</p>\n<p>Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available atwww.lootcrate.com/privacy_policy.</p>\n<p>LOOT CRATE PRIMITIVE AND RAZER MEGA CRATE SDCC SWEEPSTAKES</p>\n<p>OFFICIAL Contest RULES</p>\n<p>\n<strong>SPONSOR.</strong> Primitive and Razer Mega Crate Sweepstakes (the “Sweepstakes”) is sponsored by Loot Crate, Inc.\n(“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031.</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.</strong>\n</p>\n<p>The Sweepstakes is open only to permanent legal residents of United States (excluding Rhode Island, New York and Florida), who are at least eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor and their respective subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes.\nAll applicable federal, state and local laws and regulations apply.\nSponsor, its subsidiaries, affiliates and agents reserve the right at any time to verify that any and all participants/contestants meet the eligibility requirements in any manner deemed appropriate.\nVOID WHERE PROHIBITED OR RESTRICTED BY LAW and subject to all applicable federal, state, local and municipal laws and regulations.</p>\n<p>\n<strong>SWEEPSTAKES ENTRY PERIOD.</strong>\n</p>\n<p>Sweepstakes begins July 17, 2019 at 10:00:00 a.m.\nPST for the San Diego Comic Con (“SDCC”) for the Badge Sweepstakes Entry period.\nEntry period will end one hour prior to the close of the SDCC event on July 21, 2019 PST.\nYou do not need to be present to win.\nFor entry via Sponsor’s Online Sweepstakes page located here https://www.lootcrate.com/contests/sdcc19 or by mail, the Sweepstakes begins at 10:00:00 a.m.\nPacific Time on July 15, 2019 and ends at 11:59:59 p.m.\nPacific Time on July 21, 2019 (the “Online Sweepstakes Entry Period”)..\n</p>\n<p>\n<strong>HOW TO ENTER.</strong>\n</p>\n<p>There are three (3) ways to enter into the Loot Crate Primitive and Razer Mega Prize Sweepstakes.\nThe first way is to scan your badge at Sponsor’s booth (Booth # 229) located on the floor at SDCC during the Badge Sweepstakes Entry Period.\nNext, you may also enter by visiting Sponsor’s website https://www.lootcrate.com/contests/sdcc19 and following the instructions for entering during the Online Sweepstakes Entry Period.\nOr finally, you may also enter by mail by sending your name, address, telephone number and email address to: Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: Loot Crate’s Primitive and Razer Mega Prize Sweepstakes.\nIf you choose to enter the Sweepstakes using your mobile device, standard data fees may apply.\nYou should consult your wireless service provider’s pricing plan for details.\nYou agree to incur any and all charges demanded by your wireless carrier.\nBy correctly completing the entry procedures, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules.\nEach entry must contain all requested information to be eligible to win.\nSponsor reserves the right to remove any entries for any reason.\nNormal Internet access and usage charges imposed by your online service provider will apply.\nEntries by any method other than set forth above are void.\nUse of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s discretion.</p>\n<p>\n<strong>WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>A total of one (1) Grand Prize Winner will be randomly selected by Sponsor and its employees, principals, officers and owners on or around July 21, 2019.\nThe Winner will be notified on or around July 21, 2019.\nSponsor will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry.\nEach potential winner must respond to Sponsor’s email notification to claim his/her prize within two (2) days after the date the email was sent.\nFailure to timely respond within this time period will result in disqualification, and, time permitting, an alternative potential winner(s) may be selected from the remaining eligible entries.\nSponsor is not responsible for any change in an email address or any computer or server malfunctions that may result in the notification email not being received.\nEach potential winner will be required to execute and return an affidavit of eligibility and, except where prohibited, publicity release, and the grand prize winner will also be required to execute and return an IRS W-9 form (collectively, “Sweepstakes Documents”), within two (2) days after accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nSponsor reserves the right to disqualify any entrant or entry at its sole discretion.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Sweepstakes Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official “Prize Winner” of the Sweepstakes.\nPrizes are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor.\nAll federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.\nBy entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor, which shall be binding and final in all respects.</p>\n<p>\n<strong>PRIZES.(collectively, the “Prizes”).</strong>\n</p>\n<p>Sweepstakes will award one (1) Grand Prize consisting of: Razor Gaming Phone and Accessories including\none (1) Razer Phone 2\none (1) Razer BlackWidow\none (1) Razer Kraken\none (1) Razer DeathAdder Elite\none (1) Razer Goliathus Chroma\nPrimitive Skateboarding Pack including:\none (1) DBZ Deck (die cut)\none (1) DBZ Deck (standard)\none (1) Rick &amp.\nMorty Deck (standard)\nthree (3) Grip Tape\none (1) Hoodie\none (1) LS T-shirt\ntwo (2) T-shirts\none (1) beanie\none (1) hat\none (1) pillow Approximate Retail Value ('ARV') of the Prize package is U.S.$1,281.00 (one thousand two hundred eighty-one dollars).\nActual value may vary based room rate fluctuations.</p>\n<p>Winner will not receive the difference between actual and ARV.</p>\n<p>Prizes received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion.\nNo substitution or transfer of prizes is permitted except as provided herein.</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>AEntry constitutes permission (except where prohibited by law) for Sponsor, and their affiliates to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, and all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Sweepstakes.</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\ntraffic congestion.\nor for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com.\nSponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).\nNo cash equivalent and all prizes are non-transferable, and no substitution will be made except as provided herein at the Main Sponsor's sole discretion.\nMain Sponsor reserves the right to substitute the Prize for one of equal or greater value if the Prize should become unavailable for any reason.\nWinner is responsible for all taxes and fees associated with Prize receipt and/or use.</p>\n<p>DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES.</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor’s official website located at www.lootcrate.com.\n</p>\n<p>\n<strong>PRIVACY.</strong>\n</p>\n<p>Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available at www.lootcrate.com.</p>\n<p>LOOT CRATE’S SIDESHOW MEGA PRIZE SWEEPSTAKES</p>\n<p>OFFICIAL SWEEPSTAKE RULES</p>\n<p>\n<strong>SPONSOR.</strong> The Loot Crate’s Sideshow Mega Prize Sweepstakes (the “Sweepstakes”) is sponsored by Loot Crate, Inc.\n(“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031.</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.</strong>\n</p>\n<p>The Sweepstakes is open only to permanent legal residents of the United States (excluding Rhode Island), who are at least eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor and Sideshow (“Sideshow”), their respective subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, Disney Consumer Products, Inc., Marvel, and its and their respective parent, affiliated, and subsidiary companies, and the officers, directors, employees, and agents of same, and all other advertising and media partners (collectively, \"Sweepstakes Entities\") (and the immediate family members, including parents, spouses, children, siblings, and any members of the same household, of all of the foregoing) are not eligible to participate or win.\nAll applicable federal, state and local laws and regulations apply.\nSponsor, its subsidiaries, affiliates and agents reserve the right at any time to verify that any and all participants/contestant meet the eligibility requirements in any manner deemed appropriate.\nVOID WHERE PROHIBITED BY LAW.</p>\n<p>\n<strong>SWEEPSTAKES ENTRY PERIOD.</strong>\n</p>\n<p>For the San Diego Comic Con (“SDCC”) badge scan method of entry, the Sweepstakes begins at the time of “SDCC” event opening on July 17, 2019 (and ends one hour prior to the close of the “SDCC” event on July 21, 2019 (the “Badge Sweepstakes Entry Period”).\nYou do not need to be present to win.\nFor entry via Sponsor’s Online Sweepstakes page located here https://www.lootcrate.com/contests/sdcc19 or by mail, the Sweepstakes begins at 10:00:00 a.m.\nPacific Time on July 12, 2019 and ends at 11:59:59 p.m.\nPacific Time on July 21, 2019 (the “Online Sweepstakes Entry Period”).</p>\n<p>\n<strong>HOW TO ENTER.</strong>\n</p>\n<p>There are three (3) ways to enter into the Loot Crate Sideshow Mega Prize Sweepstakes.\nThe first way is to scan your badge at Sponsor’s booth (Booth # 229) located on the floor at SDCC during the Badge Sweepstakes Entry Period.\nYou may also enter by visiting Sponsor’s website https://www.lootcrate.com/contests/sdcc19 and following the instructions for entering during the Online Sweepstakes Entry Period.\nYou may also enter by mail by sending your name, address, telephone number and email address to: Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: Loot Crate’s Sideshow Mega Prize Sweepstakes.\nIf you choose to enter the Sweepstakes using your mobile device, standard data fees may apply.\nYou should consult your wireless service provider’s pricing plan for details.\nYou agree to incur any and all charges demanded by your wireless carrier.\nBy correctly completing the entry procedures, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules.\nEach entry must contain all requested information to be eligible to win.\nSponsor reserves the right to remove any entries for any reason.\nNormal Internet access and usage charges imposed by your online service provider will apply.\nEntries by any method other than set forth above are void.\nUse of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s discretion.</p>\n<p>\n<strong>WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>A total of two (2) winners (one (1) from the SDCC badge entry method and one (1) from the online/mail-in entry method) will be randomly generated by Sponsor from among all eligible entries on or about July 29, 2019.\nSponsor will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry.\nEach potential winner must respond to Sponsor’s email notification to claim his/her prize within two (2) days after the date the email was sent.\nFailure to timely respond within this time period will result in disqualification, and, time permitting, an alternative potential winner(s) may be selected from the remaining eligible entries.\nSponsor is not responsible for any change in an email address or any computer or server malfunctions that may result in the notification email not being received.\nEach potential winner will be required to execute and return an affidavit of eligibility and, except where prohibited, publicity release, and the grand prize winner will also be required to execute and return an IRS W-9 form (collectively, “Sweepstakes Documents”), within two (2) days after accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nSponsor reserves the right to disqualify any entrant or entry at its sole discretion.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Sweepstakes Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official “Prize Winner” of the Sweepstakes.\nPrizes are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor.\nAll federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.\nBy entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor, which shall be binding and final in all respects.</p>\n<p>\n<strong>PRIZES.(collectively, the “Prizes”).</strong>\n</p>\n<p>There will be a total of two (2) Prize Winners selected.\nEach Prize Winner will receive one (1) Thanos Statue by Iron Studios provided by Sideshow (Individual prizes valued at MSRP US$999.99).</p>\n<p>Winner will not receive the difference between actual and ARV.</p>\n<p>Prizes received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion.\nNo substitution or transfer of prizes is permitted except as provided herein.</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>By entering into this Sweepstakes, you agree that you will be automatically opting in to receive emails from both Sponsor and Sideshow.\nParticipation in the Sideshow newsletter can be terminated at any time through a link at the bottom of the Sideshow newsletter or through this link: https://www.sideshow.com/newsletter All entries become the property of Sponsor and will not be acknowledged or returned.\nEntry constitutes permission (except where prohibited by law) for Sponsor and the Prize Provider to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Sweepstakes, each entrant agrees for entrant and for entrant's spouses, parents, heirs, executors, and administrators: (a) to release and hold harmless Sponsor, the prize provider (“Sideshow”), and each of their respective affiliates, subsidiaries, directors, officers, employees and Disney Consumer Products, Inc., Marvel, and its and their respective parent, affiliated, and subsidiary companies, and the officers, directors, employees, and agents of same, and all other advertising and media partners, and any other person or entity involved in the development or administration of the Sweepstakes, and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook, Twitter, Gleam.io and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Sweepstakes.</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\ntraffic congestion.\nor for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com.\nSponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).\nNo cash equivalent and all prizes are non-transferable, and no substitution will be made except as provided herein at the Main Sponsor's sole discretion.\nMain Sponsor reserves the right to substitute the Prize for one of equal or greater value if the Prize should become unavailable for any reason.\nWinner is responsible for all taxes and fees associated with Prize receipt and/or use.</p>\n<p>DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES.</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor’s official website located at www.lootcrate.com.\n</p>\n<p>\n<strong>PRIVACY.</strong>\n</p>\n<p>Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available at www.lootcrate.com.</p>\n<p>LOOT CRATE EGG-STRA SUPER EGG HUNT SWEEPSTAKES Official Rules</p>\n<p>OFFICIAL SWEEPSTAKES RULES</p>\n<p>\n<strong>SPONSOR.</strong> The Loot Crate Egg-Stra Super Egg Hunt Sweepstakes (the “Sweepstakes”) is sponsored by Loot Crate, Inc.\n(“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031.</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.</strong>\n</p>\n<p>The Sweepstakes is open only to permanent legal residents of United States (excluding Rhode Island), who are at least eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor and their respective subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes.\nAll applicable federal, state and local laws and regulations apply.\nSponsor, its subsidiaries, affiliates and agents reserve the right at any time to verify that any and all participants/contestants meet the eligibility requirements in any manner deemed appropriate.\nSubject to all applicable federal, state, local and municipal laws and regulations.\nVOID WHERE PROHIBITED OR RESTRICTED BY LAW</p>\n<p>By entering this Sweepstakes, you acknowledge that you either own all right, title and interest in and to any protectable content (including, but not limited to, copyrighted material or proprietary information) contained in your entry, or, if your entry contains content that would infringe any rights owned by a third party, that you have secured the right to use content and to license the same to Sponsor under the terms set forth herein.\nYou further acknowledge that each entry design is: (a) wholly original and not based on any pre-existing design.\n(b) does not incorporate or include any material or content that would require the consent of a third party.\nand (c) does not violate any copyright, trademark, publicity, privacy, or any other right of any third party.\nAll entries will become the sole property of Sponsor and may be displayed publicly on Sponsor’s website.\nEach winner agrees to transfer all right and title to his/her entry to Sponsor in accordance with these Official Rules of this Sweepstakes.\nYou agree to indemnify and hold Sponsor, its affiliated entities, and their respective employees, officers, directors, owners, agents, licensees and assigns harmless from any and all liability arising if through oversight, negligence or willful misconduct, your entry contains material that violates any third party’s rights.</p>\n<p>\n<strong>SWEEPSTAKES ENTRY PERIOD.</strong>\n</p>\n<p>The Sweepstakes begins at 10:00:00 a.m.\nPacific Time on April 12, 2019 and ends at 11:59:59 p.m.\nPacific Time on April 21, 2019 (the “Sweepstakes Entry Period”).</p>\n<p>\n<strong>HOW TO ENTER.</strong>\n</p>\n<p>Read and follow the on-screen instructions set forth in the Sweepstakes Overview above to register for the Sweepstakes, visit Gleam.IO or download the Loot Crate app.\nYou may also enter by mail by sending in your name and email address to: Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: Egg-Stra Super Egg Hunt Sweepstakes.\nIf you choose to enter the Sweepstakes using your mobile device, standard data fees may apply.\nYou should consult your wireless service provider’s pricing plan for details.\nYou agree to incur any and all charges demanded by your wireless carrier.\nBy correctly completing the entry procedures, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules.\nDesigns containing mature content, profanity or other inappropriate language are strictly prohibited.\nEach entry must contain all requested information to be eligible to win.\nSponsor reserves the right to remove any entries for any reason.\nSponsor reserves the right to remove any entries for any reason.\nNormal Internet access and usage charges imposed by your online service will apply.\nEntries by any method other than set forth above are void.\nUse of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s discretion.\n</p>\n<p>\n<strong>WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>Three (3) winners will be randomly generated by Sponsor from among all eligible entries on or about April 25, 2019.\n</p>\n<p>Sponsor will make at least two (2) attempts to notify each potential winner (or in the case of a minor, his or her parent or legal guardian) via email address submitted at the time of entry.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) must respond to Sponsor’s email notification to claim his/her prize within seven (7) days after the date the email was sent.\nFailure to timely respond within this time period will result in disqualification, and, time permitting, an alternative potential winner(s) may be selected from the remaining eligible entries.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) may be required to execute and return an affidavit of eligibility, a contract assigning all ownership of his/her design submission to Sponsor, release of liability, an IRS W-9 form, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within thirty (30) days after accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nSponsor reserves the right not to select a winner, if in its sole discretion, no suitable entries are received.\nSponsor reserves the right to disqualify any entrant or entry at its sole discretion.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Sweepstakes Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official \"Prize Winner\" of the Sweepstakes.\nPrizes are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor.\nAll federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.\nBy entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of the judges and Sponsor, which shall be binding and final in all respects.\n</p>\n<p>\n<strong>PRIZES.(collectively, the “Prizes”).</strong>\n</p>\n<p>There will be a total of three (3) Prize Winners selected.</p>\n<p>Each of the three (3) Prize Winners will receive a one (1) year subscription to Loot Crate.\nTotal package valued at approximately U.S.$240.00 each.</p>\n<p>Prizes received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion.\nNo substitution or transfer of prizes is permitted except as provided herein.</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>All entries become the property of Sponsor and will not be acknowledged or returned.\nEntry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter, Gleam.io and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Sweepstakes.</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\ntraffic congestion.\nor for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com and Gleam.io.\nSponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\n&nbsp;IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES.</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor’s official website located at www.lootcrate.com.\n</p>\n<p>\n<strong>PRIVACY.</strong>\n</p>\n<p>Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available at www.lootcrate.com.\n</p>\n<p>LOOT CRATE GEEKNESS APPRECIATION SWEEPSTAKES Official Rules</p>\n<p>OFFICIAL SWEEPSTAKES RULES</p>\n<p>\n<strong>SPONSOR.</strong> The Loot Crate Geekness Appreciation Sweepstakes (the “Sweepstakes”) is sponsored by Loot Crate, Inc.\n(“Sponsor”), 3401 Pasadena Avenue, Los Angeles, CA 90031.</p>\n<p>\n<strong>ELIGIBILITY.\nNO PURCHASE IS NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.</strong>\n</p>\n<p>The Sweepstakes is open only to permanent legal residents of United States (excluding Rhode Island), who are at least eighteen (18) years of age or older at the time of entry.\nOfficers, directors, agents and employees of Sponsor and their respective subsidiaries, affiliates and/or advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of the immediate families (spouses, parents, children and siblings, and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes.\nAll applicable federal, state and local laws and regulations apply.\nSponsor, its subsidiaries, affiliates and agents reserve the right at any time to verify that any and all participants/contestants meet the eligibility requirements in any manner deemed appropriate.\nSubject to all applicable federal, state, local and municipal laws and regulations.\nVOID WHERE PROHIBITED OR RESTRICTED BY LAW</p>\n<p>By entering this Sweepstakes, you acknowledge that you either own all right, title and interest in and to any protectable content (including, but not limited to, copyrighted material or proprietary information) contained in your entry, or, if your entry contains content that would infringe any rights owned by a third party, that you have secured the right to use content and to license the same to Sponsor under the terms set forth herein.\nYou further acknowledge that each entry design is: (a) wholly original and not based on any pre-existing design.\n(b) does not incorporate or include any material or content that would require the consent of a third party.\nand (c) does not violate any copyright, trademark, publicity, privacy, or any other right of any third party.\nAll entries will become the sole property of Sponsor and may be displayed publicly on Sponsor’s website.\nEach winner agrees to transfer all right and title to his/her entry to Sponsor in accordance with these Official Rules of this Sweepstakes.\nYou agree to indemnify and hold Sponsor, its affiliated entities, and their respective employees, officers, directors, owners, agents, licensees and assigns harmless from any and all liability arising if through oversight, negligence or willful misconduct, your entry contains material that violates any third party’s rights.</p>\n<p>\n<strong>SWEEPSTAKES ENTRY PERIOD.</strong>\n</p>\n<p>This Sweepstakes begins at 1:00:00 a.m.\nPacific Time on July 1, 2019 and ends at 11:59:00 p.m.\nPacific Time on July 31, 2019 (the “Sweepstakes Entry Period”).</p>\n<p>\n<strong>HOW TO ENTER.</strong>\n</p>\n<p>Read and follow the on-screen instructions set forth in the Sweepstakes Overview above to register for the Sweepstakes, visit Gleam.IO or download the Loot Crate app.\nYou may also enter by mail by sending in your name and email address to: Loot Crate, Inc., 3401 Pasadena Avenue, Los Angeles, CA 90031, Attn: Egg-Stra Super Egg Hunt Sweepstakes.\nIf you choose to enter the Sweepstakes using your mobile device, standard data fees may apply.\nYou should consult your wireless service provider’s pricing plan for details.\nYou agree to incur any and all charges demanded by your wireless carrier.\nBy correctly completing the entry procedures, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules.\nDesigns containing mature content, profanity or other inappropriate language are strictly prohibited.\nEach entry must contain all requested information to be eligible to win.\nSponsor reserves the right to remove any entries for any reason.\nSponsor reserves the right to remove any entries for any reason.\nNormal Internet access and usage charges imposed by your online service will apply.\nEntries by any method other than set forth above are void.\nUse of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s discretion.\n</p>\n<p>\n<strong>WINNER SELECTION AND NOTIFICATION.</strong>\n</p>\n<p>One (1) winner will be randomly selected by Sponsor from among all eligible entries on or about July 31, 2019.\nWinner will be announced on or about July 31, 2019.</p>\n<p>Sponsor will make at least two (2) attempts to notify each potential winner (or in the case of a minor, his or her parent or legal guardian) via email address submitted at the time of entry.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) must respond to Sponsor’s email notification to claim his/her prize within seven (7) days after the date the email was sent.\nFailure to timely respond within this time period will result in disqualification, and, time permitting, an alternative potential winner(s) may be selected from the remaining eligible entries.\nEach potential winner (or in the case of a minor, his or her parent or legal guardian) may be required to execute and return an affidavit of eligibility, a contract assigning all ownership of his/her design submission to Sponsor, release of liability, an IRS W-9 form, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within thirty (30) days after accepting the prize.\nNoncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries.\nSponsor reserves the right not to select a winner, if in its sole discretion, no suitable entries are received.\nSponsor reserves the right to disqualify any entrant or entry at its sole discretion.\nIf a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received.\nOdds of winning depend upon the total number of eligible entries received.\nOnce all required Sweepstakes Documents have been correctly completed and received from a potential winner (or in the case of a minor, his or her legal guardian), per these Official Rules, the potential winner shall be an official \"Prize Winner\" of the Sweepstakes.\nPrizes are not transferable, assignable, or redeemable for cash.\nNo substitution for a prize (or parts thereof) by a Prize Winner will be allowed.\nIf necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of Sponsor.\nAll federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.\nBy entering this Sweepstakes, you agree to be bound by these Official Rules and the decisions of the judges and Sponsor, which shall be binding and final in all respects.\n</p>\n<p>\n<strong>PRIZES.(collectively, the “Prizes”).</strong>\n</p>\n<p>One (1) year subscription to Loot Crate DX</p>\n<p>Approximate Retail Value ('ARV') of the Prize package is U.S.\n$611.88 (six hundred eleven dollars and eighty-eight cents).</p>\n<p>Winner will not receive the difference between actual and ARV.</p>\n<p>Prizes received cannot be exchanged for cash, and prizes cannot be used in conjunction with any other promotion.\nNo substitution or transfer of prizes is permitted except as provided herein.</p>\n<p>\n<strong>CONDITIONS.</strong>\n</p>\n<p>All entries become the property of Sponsor and will not be acknowledged or returned.\nEntry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval.\nBy entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto).\n(b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize.\n(c) if selected as a winner, to the posting of such entrant's name on Facebook , Twitter, Gleam.io and/or www.lootcrate.com, and the use by Released Parties of such name, and entrant's voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use.\nand (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final.\nFailure to comply with these conditions may result in disqualification from the Sweepstakes.</p>\n<p>\n<strong>ADDITIONAL TERMS.</strong>\n</p>\n<p>Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules.\nAny attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law.\nThe failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other \"force majeure\" event will not be considered a breach of these Official Rules.\nReleased Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes.\nReleased Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind.\nfor inaccurate transcription of entry information.\nfor errors in any promotional or marketing materials or in these Official Rules.\nfor any human or electronic error.\ntraffic congestion.\nor for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.\nSponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).\nIn the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension.\nNotice of such cancellation, modification, or suspension will be posted at www.lootcrate.com and Gleam.io.\nSponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes if such entrant or potential entrant shows a disregard for these Official Rules.\nacts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives.\nor behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\n&nbsp;IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>DISPUTES.\nTHE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN LOS ANGELES, CA.\nIF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE \"ARBITRATION AGREEMENT AND CLASS ACTION WAIVER\" SECTION SET FORTH IN THE SPONSOR'S \"TERMS OF SERVICE\" located at https://www.lootcrate.com/terms-conditions.</p>\n<p>\n<strong>WINNERS LIST/OFFICIAL RULES.</strong>\n</p>\n<p>After confirmations of winners and prizes have been claimed, Prize Winners will be announced on Sponsor’s social media channels and/or online on Sponsor’s official website located at www.lootcrate.com.\n</p>\n<p>\n<strong>PRIVACY.</strong>\n</p>\n<p>Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Rules and with the Sponsor's Privacy Policy available at www.lootcrate.com.\n</p> Top Your account for everything Loot Crate <p>\n</p> Email Address<abbr>*</abbr> Password<abbr>*</abbr>\n<p>\n</p> Forgot Password? Continue With Facebook Sign in with Google <p> New to Loot Crate? Create Account </p> I'm new here.\n<p>You'll gain access to exclusive products from top pop culture franchises.</p>\n<p>\n</p> Email Address<abbr>*</abbr> Password<abbr>*</abbr> By joining, you agree to our Terms of Service and Privacy Policy and may receive crate updates, promotional discounts on crates and sales on individual items (unsubscribe anytime).\nContinue With Facebook Sign in with Google <p>Back &nbsp;&nbsp;</p>\n<p>Already have an account? Sign In</p>\n<i>\n</i> " updated_at: - 2019-08-19 23:24:28.484942000 Z - 2019-08-19 23:24:54.707407121 Z
Peepo: 2019-08-19 23:24:28 UTC
--- text: - - '' updated_at: - 2019-08-19 23:23:53.010248379 Z - 2019-08-19 23:24:28.484942693 Z
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--- id: - - 1813 name: - - Terms and Conditions url: - - https://www.lootcrate.com/terms-conditions xpath: - - "/html/body/div[2]/div[2]/div/div/div/div[2]" created_at: - - &1 2019-08-19 23:23:53.010248379 Z updated_at: - - *1 service_id: - - 1798 user_id: - - 2527
Peepo: 2019-08-19 23:22:52 UTC
--- id: - - 1798 name: - - Loot Crate url: - - lootcrate.com created_at: - - &1 2019-08-19 23:22:52.680550128 Z updated_at: - - *1 wikipedia: - - https://en.wikipedia.org/wiki/Loot_Crate user_id: - - 2527
Peepo: 2019-08-19 23:16:48 UTC
--- text: - - "<strong>Privacy Policy</strong>\n<p>Funko, LLC (<strong>“Funko,”</strong>\n<strong>“we,”</strong> “<strong>our,</strong>” or <strong>“us”</strong>) is committed to providing a fun, entertaining, and safe experience for our customers.\nThis Privacy Policy (this <strong>“Privacy Policy”</strong>) applies to and governs any and all Personal Information (as defined below) you provide to us or we collect about you (<strong>“you,”</strong>\n<strong>“your,”</strong> or <strong>“user”</strong>) while visiting or using the Funko.com website or the various product specific websites managed by Funko, including, www.funko.com, www.funko-shop.com, www.smugglersbounty.com, and shop.funko.com (the <strong>“Sites”</strong>).\nThis Privacy Policy applies whether you access the Sites through a personal computer, mobile device, or any other means.</p>\n<p>Together with our Terms of Use (the <strong>“Terms”</strong>), this Privacy Policy is a legally binding agreement between you and Funko.\nBy accessing or using the Sites or by registering for an Account (as defined below), you consent to the Terms and the Privacy Policy, including Funko’s collection, use, and disclosure of your Personal Information (as defined below) as described below.\nPlease read this Privacy Policy carefully.\nFunko reserves the right to change or modify this Privacy Policy as it deems necessary or appropriate due to changes in our business practices or changes in the law.\nIf you have provided us with your email address, Funko will attempt to notify you by that address of any material changes to how we use your Personal Information.</p>\n<p>\n<strong>What is Personal Information?</strong>\n</p>\n<p> For the purposes of this Privacy Policy, we define <strong>“Personal Information”</strong> as your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, or any other identifier that permits Funko to contact a natural human person, like you, and/or any information that Funko maintains that could be used to identify you in combination with any of the identifying information described above.</p>\n<p>We will collect and store any Personal Information you provide to us.\nFor example, to create a user account for the Sites (<strong>“Account”</strong>) we ask you to provide your name and an email address.\nwhen you sign up for Funko’s Newsletter (the <strong>“Newsletter”</strong>), we ask you to provide your email address.\nand when you purchase any product, we ask you to provide your name, shipping address, and phone number.\nWe collect and store any Personal Information that you choose to provide in accordance with this Privacy Policy.\nPlease note: it is your choice to provide us with this information.</p>\n<p>Personal Information does not include “aggregate” information, which is data we collect automatically about the use of the Sites.\nThe Privacy Policy does not restrict or limit our collection and use of aggregate information, and we reserve the right to share such aggregate information with potential partners or other third parties without restriction.</p>\n<p>\n<strong>Information We Collect</strong>\n</p>\n<p>\n<strong>Information You Give Us:</strong> Funko receives and stores any Personal Information you post on or provide through the Sites or through any other means, including, without limitation, information you provide to Funko when you register for an Account, sign up for the Newsletter, purchase Funko products, content or services, or request information from Funko regarding any of the above.\nYou can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Sites or some of their features.\nFunko may, but is not obligated to, retain the content of any electronic messages (<strong>“emails”</strong>) you send or Personal Information you provide by any other means.</p>\n<p>\n<strong>Data Retention: </strong>Funko will retain the information, including Personal Information, you provide to us for as long as you use the Sites or any Funko services and for a reasonable time thereafter.\nWe will retain automatically collected information for up to twenty-four (24) months and thereafter may store it in aggregate.\nIf you’d like us to delete the information you have provided to us, please contact us at support@funko.com and we will respond in a reasonable time.\nPlease note that some or all of this information may be required in order for you to make use of the products and services available via the Sites as well as your subscriptions.\nIf you remove this information, you may no longer be able to use these features.</p>\n<p>\n<strong>Purchases:</strong> Please note that, if you purchase any Funko products, content or services via the Sites, we may ask you to provide us with your credit card number, expiration date, and authentication codes or related information to complete the purchase.\nProducts may be purchased only by persons over the age of 18.\nAreas of the Sites where visitors can make purchases are run by a third party, CyberSource.\nCyberSource is a payment gateway that accepts credit cards and electronic check payments safely and securely for our customers.\nCyberSource protects Personal Information (at a minimum) to the Payment Card Industry Data Security Standards (<strong>“PCI DSS”</strong>), which is the bankcard industry’s most stringent security standard.\nThe information you provide to Funko or CyberSource, such as cardholder name, credit card number, billing address, check routing number, account number, or the like, will be used by Funko in connection with CyberSource for the purpose of correctly authorizing and processing your purchase.\nAny information you provide on or through any such purchase areas of the Sites is subject to CyberSource’s privacy policy.</p>\n<p>\n<strong>Automated Collection:</strong> Funko automatically receives and stores certain types of information when you visit the Sites, such as the name of the domain and host from which you access the Internet.\nthe IP address of the computer you are using and the browser and operating system you are using.\nthe date and time you access the Sites.\nthe Internet address of the website from which you linked to the Sites.\nany search terms you used to find the Sites.\nthe device identifiers and mobile and network information, and your actions on the Sites.\nThis information will be treated as Personal Information if we combine or link it to any of the identifying information above.\nOtherwise, this information constitutes aggregate information.</p>\n<p> We may also automatically receive and store certain types of information when you visit the Sites through the use of cookies, web beacons, or similar programs to collect the information described above.\nA cookie is a small text file that is sent to your computer to collect information about your activities on the Sites.\nThe cookie transmits this information back to the applicable Site each time your browser requests a page from the Site.\nWe may also use cookies to maintain session information you provide to us, so that when you leave the Site and return, the Site will recognize your device.\n“Web beacons” are small pieces of code placed on websites used to collect advertising metrics, such as counting page views, promotion views, or advertising responses.\nWe may also use cookies or web beacons to measure aggregate web statistics, including the number of monthly visitors, number of repeat visitors, most popular webpages and other information.\nCookies do not generally contain any Personal Information and it is our policy not to track your Internet usage outside of the Site.\nHowever, you always have a choice with regard to cookies.\nYou can modify your browser preferences to allow you to accept or reject all cookies or to notify you when a cookie is set.\nIf you choose to reject all cookies, you may be unable to use certain areas of the Site.\nPlease consult your browser instructions for information on how to modify your choices about cookies.\nFinally, you may delete any existing cookies manually from the hard drive of your device.\nFor more information about cookies, please visit www.allaboutcookies.org.</p>\n<p>Our web servers may also collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Sites.\nWe use log data for troubleshooting purposes and to track which pages people visit in order to improve the Sites.\nWe do not link log data collected to Personal Information.\nThird-party vendors may also collect aggregate log data independently from us.</p>\n<p>\n<strong>“Do Not Track”:</strong> Section 22575 of the California Business &amp.\nProfessions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings.\nFunko supports and honors “Do Not Track” web browser settings.\nIf you enable Do Not Track settings in the browser you are using, Funko will not collect, store, or use Personal Information about websites you visit using that browser other than www.funko.com.\nOther parties, however, may not honor Do Not Track signals.\nThese parties may collect Personal Information about your online activities over time and across different web sites when you visit the Sites, for example by using cookies on our Sites.\nWe have no access to or control over other parties’ Personal Information collection practices, even those with which Funko may have an affiliation.\nYou should carefully review the privacy policy and terms of any website you visit.\nFor more information about Do Not Track, please visit www.allaboutdnt.org.</p>\n<p>\n<strong>Use of Personal Information</strong>\n</p>\n<p>Funko stores your Personal Information for only as long as you maintain your Account or a paid subscription with Funko (\"<strong>Subscription</strong>\"), receive our Newsletter, participate in any of the social features of the Sites, enter any Funko promotions through the Sites, or receive Funko products, content or services purchased via the Sites, and may use the Personal Information provided or obtained through the Sites:</p>\n<ul>\n<li>To perform research and analysis about your use of, or interest in, our products, services, or content;</li>\n<li>To communicate with you by email, regular mail, telephone, or mobile devices, about products or services that may be of interest to you either from us or from other third parties;</li>\n<li>To develop and deliver the Newsletter;</li>\n<li>To tailor your user experience;</li>\n<li>To develop and display third-party content and advertising tailored to your interests on the Sites;</li>\n<li>To enforce our Terms of Use;</li>\n<li>To manage our business;</li>\n<li>To perform functions as otherwise described to you at the time of collection;</li>\n<li>In connection with the creation and maintenance of your Account.\nand</li>\n<li>In connection with the processing, fulfillment, and shipment of any Subscription(s), or other Funko products or services you purchase.</li>\n</ul>\n<p>\n<strong>Data Transfer:</strong> Funko generally stores your Personal Information in the U.S.\nHowever, we transfer your Personal Information from the U.S.\nto other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our business.\nBy providing any Personal Information to Funko, you consent to such transfer, storage, and processing.</p>\n<p>\n<strong>Disclosure of Personal Information to Third Parties</strong>\n</p>\n<p>Funko does not share the Personal Information provided or obtained through the Sites with third parties, except as described below and as otherwise specified in this Privacy Policy.\nFunko may share Personal Information as follows:</p>\n<ul>\n<li>With the third party or third parties that perform(s) maintenance and operation of the Sites on our behalf.\nThese parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information;</li>\n<li>With other third parties that perform services or functions on our behalf, including, but not limited to, CyberSource.\nWe do not authorize such third parties to use your Personal Information for any other purposes;</li>\n<li>As Funko believes necessary to comply with laws, statutes, or regulations, and/or to enforce this Privacy Policy and the Terms and to protect our rights and the rights of others;</li>\n<li>As required by a court or government agency or to respond to a claim by you or a third party;</li>\n<li>As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving Funko.\nand</li>\n<li>As you may otherwise request or agree.</li>\n</ul>\n<p>\n<strong>Children</strong>\n</p>\n<p>The Sites are not directed at children, and Funko does not knowingly collect Personal Information directly from users under the age of 13 or from other websites or services directed at children.\nConsistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Funko will not knowingly request or collect Personal Information from any child under age 13 without obtaining the required parental consent.\nChildren can browse the Sites without any Personal Information being collected.</p>\n<p>If you are a parent or legal guardian and purchase a Subscription or Gift Subscription for or on behalf of your child, naming your child as the Subscription or Gift Subscription recipient, you agree that Funko may collect, store, use and process your child’s Personal Information for the purposes described above and in accordance with this Privacy Policy.\nIf Funko learns that a user under 13 years of age has submitted Personal Information through or using one of the Sites without his or her parent or legal guardian’s consent, Funko will take reasonable measures to obtain consent by contacting the child’s parent or legal guardian if possible and shall, if consent cannot be or is not obtained, take reasonable measures to delete such information from its databases and not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).\nIf Funko obtains the required consent from the parent or guardian of a child under 13, we will only ask for Personal Information that is reasonably necessary for the child to redeem his or her Subscription, Gift Subscription and/or product ordered and will store such Personal Information for only as long as reasonably necessary to fulfill these purposes.</p>\n<p>The parent or legal guardian who has consented to a child providing Personal Information to one or more of the Sites may later view the child’s Personal Information and correct or remove the information, in whole or in part.\ninstruct Funko to discontinue all use of the child’s Personal Information and/or not to communicate further with the child.\nor revoke or modify the consent, by contacting Funko at support@funko.com and including the child’s name and email address and the parent or guardian’s name and email address.\nPlease visit http://www.ftc.gov/privacy/privacyinitiatives/childrens.html for information from the Federal Trade Commission about protecting children’s privacy online.</p>\n<p>\n<strong>Corrections and Updates</strong>\n</p>\n<p>If you want to view your Personal Information, or delete or modify incorrect parts thereof, you may do so by sending an email to support@funko.com.\nPlease note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with Your deletion request only after we have fulfilled such requirements).\nWhen we delete any information, it will be deleted from the active database, but may remain in our archives.</p>\n<p>You may also choose to opt-out of receiving future Newsletters or any other email communications from Funko by following the unsubscribe instructions included in email communications, or by contacting Funko via email as provided above.</p>\n<p> Funko reserves the right to verify the identity of any person making a request to opt-out or to delete or modify Personal Information.\nprovided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion made by Funko for any reason.\nFunko stores Personal Information for only as long as reasonably necessary to fulfill the purposes described above, as Funko determines is necessary for business records, and as required under applicable law.</p>\n<p>\n<strong>Third Party Websites</strong>\n</p>\n<p>The Sites may contain links to other websites.\nFunko does not control, and makes no representations whatsoever regarding, such other websites or the products and services offered by or through websites accessed through links on the Sites, even those with which Funko may have an affiliation.\nIf you decide to access third party websites linked through the Sites you do so at your own risk.\nYou should carefully review the privacy policy and terms of any such website.</p>\n<p>The Sites may include social media features, such as the Facebook Like button and widgets, such as the “Share This” button or interactive mini-programs that run on the Sites.\nThese features may collect your IP address, which page you are visiting on the Sites, and may set a cookie to enable the feature to function properly.\nSocial media features and widgets are either hosted by a third party or hosted directly on the Sites.\nYour interactions with these features are governed by the privacy policy of the company providing it.</p>\n<p>\n<strong>What Steps Do We Take To Protect Your Information Online?</strong>\n</p>\n<p>We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction.\nAll Funko employees with access to the Personal Information you provide to us through the Sites or through any other means are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.</p>\n<p>Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.\nTo mitigate this risk, you should (a) use secure usernames and passwords and carefully protect them from disclosure and (b) implement updated internet security and virus protection on your computer.\nIf you suspect that your computer’s security or your information has been compromised or your password accessed or used by an unauthorized third party, please contact us immediately to have your password changed.</p>\n<p>If we become aware of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps.\nWe may post a notice through the Sites if a security breach occurs.\nWe may also send an email to you at the email address you have provided to use in these circumstances.\nDepending on where you live, you may have a legal right to receive notice of a security breach in writing.<br> Users should also be aware of how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email.\nPlease refer to the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/consumer-privacy for information about how to protect yourself against identity theft.</p>\n<p>\n<strong>Commercial Electronic Message Consent</strong>\n</p>\n<p>By providing your email address to Funko through the Sites, you affirmatively and expressly consent to receiving commercial emails from Funko.\nThese parties may send you commercial emails in order to deliver the Newsletter, to provide you with more information about available products you have purchased, and to provide you with updates, special offers, and other information, including but not limited to Site updates.\nYou may unsubscribe from these commercial emails at any time by clicking on the “unsubscribe” link included in any email or by contacting Funko via email at support@funko.com or at the mailing address provided below.\nOpting out of promotional communications does not affect our communications with you via telephone or email related to any business we may have with you as an owner or other transactional emails.</p>\n<p>\n<strong>Your California Privacy Rights</strong>\n</p>\n<p>Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.</p>\n<p>Any request for a disclosure required under this California law should be sent to us via email at support@funko.com or via regular mail at the address set forth below.</p>\n<p>Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.</p>\n<p>\n<strong>International Visitors</strong>\n</p>\n<p>The Sites are hosted in and provided from the United States.\nIf you use the Sites from the European Union (“EU”), Canada, or other regions with laws governing data collection and use that may differ from U.S.\nlaw, please note that you are transferring your personal data to the United States.\nThe United States does not have the same data protection laws as the EU, Canada, and some other regions.\nBy providing your Personal Information, you consent to the transfer of your personal data to the United States and the use of your Personal Information, in accordance with this Privacy Policy.</p>\n<p>\n<strong>Business Transfer</strong>\n</p>\n<p>In the event of a bankruptcy or a sale, merger or acquisition, Funko may transfer your Personal Information to a separate entity.\nThat entity will be responsible for ensuring that your Personal Information is used only for authorized purposes and persons in a manner consistent with this Privacy Policy and applicable law.</p>\n<p>\n<strong>Contact.\nComplaints</strong>\n</p>\n<p>We take your privacy seriously, and invite you to contact us at the address below with any questions or concerns you may have regarding this Privacy Policy or our collection, storage, and use of your Personal Information:</p>\n<p>Funko, LLC</p>\n<p>Attention: Legal Department</p>\n<p>2802 Wetmore Avenue</p>\n<p>Everett, WA 98201</p>\n<p> Should you so choose, however, you have the right to lodge a formal complaint regarding our use of Personal Information about you with the Federal Trade Commission, the supervisory authority for the United States, using the following contact information:</p>\n<p>Federal Trade Commission</p>\n<p>600 Pennsylvania Avenue, Northwest</p>\n<p>Washington, DC 20580</p>\n<p>Tel.\n+1 202 326 2222</p>\n<p>\n<strong>Terms Applicable to Data from EU Member Countries</strong>\n</p>\n<p>We are based in the United States.\nIn most cases, the Personal Information we collect is stored and used in the United States.\nWhile we do not direct our services to residents of the EU, it is possible that EU residents may access and use the Sites.\n</p>\n<p>If we collect Personal Information from EU residents in a manner subject to the General Data Protection Regulation then, in addition to the above, the following terms shall also apply to our collection, use and retention of that information:</p>\n<p>\n<strong>Compliance with Privacy Shield Principles:</strong> When handling Personal Information from residents of the EU Member Countries, we strive to comply with the EU-U.S.\nPrivacy Shield Framework principles (Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability) regarding the collection, use and retention of Personal Information from EU Member Countries.\nHowever, our compliance with these principles may be limited (a) to the extent necessary to meet applicable national security, public interest, or law enforcement requirements.\nor (b) by statute, governmental regulation, or case law.\nIf there is a conflict between the policies set forth below and the Privacy Shield Principles, the Privacy Shield Principles shall govern.\nTo learn more about the Privacy Shield Framework, visit the U.S.\nDepartment of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.</p>\n<p>\n<strong>Basis for Collection: </strong> As set out above, we collect and process Personal Information for which you have given your express consent at the time of collection.\nFor example, we collect Personal Information when you elect to participate in one of our promotions.\nWe also collect and process Personal Information in order to improve our services, to deliver services and perform obligations under contracts we have with you, and to comply with our own legal obligations.</p>\n<p>\n<strong>Sensitive Data: </strong> We do not collect sensitive data, for example, biometric data, health data, or data revealing racial or ethnic origin, from visitors to the Sites.</p>\n<p>\n<strong>Onward Transfer: </strong>Except as otherwise provided in this Privacy Policy, we only disclose Personal Information to third parties who reasonably need to have access to it for the purpose of the transaction or activity for which it was originally collected or to provide services to or perform tasks on our behalf or under our instruction.\nAll such third parties must agree to use such Personal Information we provide to them only for the purposes for which we have engaged them and they must either: (a) comply with the EU-US Privacy Shield Principles or another mechanism permitted by the applicable EU &amp.\nSwiss data protection law(s) for transfers and processing of Personal Information.\nor (b) agree to provide adequate protections for the Personal Information that are no less protective than those set out in this Privacy Policy.\nWhere we have knowledge that an entity to whom we have provided Personal Information is using or disclosing Personal Information in a manner contrary to this Privacy Policy, we will take reasonable and appropriate steps to prevent, remediate or stop the use or disclosure.</p>\n<p>\n<strong>Authorized Transfer: </strong>We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure.\nPlease be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.\nWe are not liable for appropriate onward transfers of Personal Information to third parties.</p>\n<p>\n<strong>Data Processors: </strong>We may retain third parties to process or analyze Personal Information we collect from the Websites.\nFor example, a Site may be maintained or hosted by a third party service provider, a promotion may be administered by a sales promotion agency, and/or products may be fulfilled by a wholesaler.\nThese suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.\n</p>\n<p>\n<strong>Profiling:</strong> We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you.\nWe may make use of additional information about you when it is available from external sources to help us do this effectively.\nWe may also use Personal Information about you to detect and reduce fraud and credit risk.\n</p>\n<p>\n<strong>Your Rights: </strong>Your rights include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent.\n(b) a right to object to processing of Personal Information about you for the purpose of direct marketing.\nand (c) a right to have any incorrect part of the Personal Information about you corrected or removed.\n</p>\n<p>If you request to have incorrect Personal Information removed, we may retain some of your Personal Information as necessary for the purposes of our legitimate business interests or in furtherance of public interests in accordance with the Privacy Shield Principles.\nAny Personal Information you have shared publicly with others may continue to be publicly visible on the Sites.</p>\n<p>You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a reasonable fee for this depending on the nature and frequency of your request(s) and our cost to provide the information.\n</p>\n<p>\n<strong>Questions and Complaints: </strong>If you have questions or complaints regarding this Privacy Policy or our handing of Personal Information about you, please contact support@funko.com.\nWe will promptly investigate and attempt to resolve complaints and disputes in a manner that complies with the principles described in this Privacy Policy.\nResidents of Switzerland covered by the US Swiss Safe Harbor Principles should contact us with questions at the same address.\n</p>\n<p>\n<strong>Enforcement and Disputes: </strong> In compliance with the EU-U.S.\nPrivacy Shield and the US Swiss Safe Harbor Principles, we commit to resolve complaints about your privacy and our collection or use of your Personal Information.\nIf you do not receive timely acknowledgement of your request or have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.\n</p>\n<p>In addition to the above, you may complain to your home data protection authority and can invoke binding arbitration for some residual claims not resolved by other redress mechanisms.\nContact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.</p>\n<p>The Federal Trade Commission has jurisdiction over our compliance with this Privacy Policy and the EU-US Privacy Shield Framework.\nAs a last resort, privacy complaints that remain unresolved after pursuing these and other channels may be subject to binding arbitration before the Privacy Shield Panel to be created jointly by the US Department of Commerce and the European Commission.</p>\n<p>\n<strong>Questions?</strong>\n</p>\n<p>If you have any questions about this Privacy Policy, please contact us at support@funko.com.</p>\n<p>Last updated and effective as of: May 22, 2018</p> " updated_at: - 2019-08-19 23:16:42.714570994 Z - 2019-08-19 23:16:48.837751097 Z
Peepo: 2019-08-19 23:16:42 UTC
--- id: - - 1812 name: - - Privacy Policy url: - - https://www.funko.com/privacy-policy xpath: - - "/html/body/div[1]/div[1]/div/div/section/div/div/div[2]/article/div/div/div/div/p" created_at: - - &1 2019-08-19 23:16:42.714570994 Z updated_at: - - *1 service_id: - - 1797 user_id: - - 2527
Peepo: 2019-08-19 23:15:49 UTC
--- text: - '' - |- <p> </p>Terms &amp. Conditions <p>Welcome to Funko.com. This is the main website for Funko, LLC ("<strong>Funko</strong>"). Funko also owns and maintains funko-shop.com and separate-linked webpages for its products and services, all of which can accessed through the following sites: www.collectorcorps.com, www.smugglersbounty.com, www.legionofcollectors.com, disneytreasures.funko.com (“<strong>Sites</strong>”). These Terms of Use (“<strong>Terms</strong>”) govern your use of the Sites and supersede any prior agreement between you and Funko.</p> <p> <strong>Binding Contract</strong> </p> <p>THIS IS A BINDING CONTRACT BETWEEN YOU AND FUNKO. BY ACCESSING AND USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND THE FUNKO PRIVACY POLICY LOCATED AT FUNKO.COM/PRIVACY-POLICY. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES OR ANY OF THE FEATURES OR PRODUCTS AVAILABLE THROUGH THE SITES UNLESS YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. YOU MAY NOT PROCEED TO THE SITES UNTIL YOU HAVE READ THESE TERMS AND SIGNIFIED YOUR ACCEPTANCE OF THEM. YOUR USE OF THE SITES CONSTITUTES ACCEPTANCE OF THESE TERMS. </p> <p>Funko may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Sites. If you do not agree to any change to the Terms, you must cease use of the Sites. Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.</p> <p>Funko may terminate your use of the Sites and its contract with you if you do not comply with these Terms. </p> <p>ANY DISPUTE BETWEEN YOU AND FUNKO MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW. </p> <p> <strong>Funko Products and Services</strong> </p> <p>The Sites provide you with the ability to access various Funko products, content and services, including Funko collectibles, software, games and customized products. From the Sites you can subscribe to Funko collector boxes, learn about upcoming Funko events and promotions, share information with other Funko fans, and manage your Funko collections. You can also check out Funko's subscription boxes like Disney Treasures, Smugglers Bounty, Legion of Collectors and Collector Corps. All of the products, content and services accessible through the Sites are for your personal, non-commercial use only and your access to and use of them are subject to these Terms. </p> <p>The products, content, and services available through the Sites are subject to change and, in some cases, may be subject to additional terms of use. For example, additional terms apply to subscriptions, contests, and software accessible through the Sites. Funko will notify you of these "Supplemental Terms" in connection with the applicable product or service. </p> <p>Some of the features of the Sites require you to create a user profile or user account and some require you to pay a subscription or other fee. Funko will notify you when this is required. In addition, when you access the Sites through a mobile network, your mobile network provider's messaging, data and other fees may apply. </p> <p> <strong>Third Party Products/Services and Websites</strong> </p> <p>In addition to Funko products, the Sites may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the Sites. In others, access may be via links from the Sites to third party websites. Regardless, Funko is not responsible for the products, content or services available from third parties - even if they are provided through the Sites - or for how third party sites are managed or the terms applicable to your use of them. Your access to and use of these third party materials and websites is governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third party products or websites. Funko accepts no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Funko from all claims associated with them.</p> <p> <strong>Proprietary Rights and License</strong> </p> <p>All of the products, content and services available through the Sites are protected by copyright owned by Funko or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Sites (collectively, the “Site Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the Sites, Funko or the products or services available through the Sites ("Marks") are owned by Funko or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Sites or other Site Content or the Marks by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or services and other Site Content and Marks are reserved to their respective owners. </p> <p>Subject to these Terms, Funko grants you a personal, non-transferable, and non-exclusive limited license to access and use the Sites for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. Funko may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Sites or the Site Content. </p> <p>In addition to the above license, some products, content and services may have their own license terms. For example, videos, software, and games will all have their own license terms which are in addition to these Terms. </p> <p> <strong>License Restrictions</strong> </p> <p>As above, the license granted to you by Funko is limited. It is also subject to certain restrictions. Unless Funko give you express written authority, you may not (a) resell any of the products, content or services or any other Site Content (or any portion thereof) on the Sites. (b) distribute, publicly perform, or publicly display any of the above. or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof). </p> <p>In addition, under no case are you permitted to:</p> <ul> <li>use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Sites;</li> <li>violate the restrictions in any robot exclusion headers on the Sites or circumvent any other measures used to prevent or limit access to the Sites;</li> <li>take any action that imposes, or may impose, in Funko's sole discretion, an unreasonable or disproportionately large load on our infrastructure;</li> <li>engage in deep-linking to any portion of the Sites for any purpose;</li> <li>“frame”, “mirror” or otherwise incorporate any part of the Sites into any other web site;</li> <li>use the Sites or the Site Content other than for their intended purpose;</li> <li>post content to the Sites in violation of the Terms. or</li> <li>violate any of the Community Guidelines;</li> </ul> <p>Any use of the Sites or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of Funko’s intellectual property and other proprietary rights and a violation of applicable law.</p> <p> <strong>User Information</strong> </p> <p>In the course of your use of the Sites, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Funko’s policies for collecting, using and protecting User Information are set forth in the Funko Privacy Policy atFunko.com/privacy-policy, which is part of these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.</p> <p> <strong>Creating an Account</strong> </p> <p>Funko offers a variety of products, content and services through the Sites. Some of these are available without charge and others require you to pay a fee. Funko will notify you in advance if a fee is required. </p> <p>However, many of the features available through the Sites require you to set up an account ("User Account") to access them. If you already have a Funko User Account, you may be able to use that rather than create new account. When you set up a User Account, you will be asked to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique password for your Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You may use your Account to update, revise or delete your Registration Data (as defined below). purchase products. and otherwise manage your orders and use of and interaction with the Sites. By registering for an Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”). (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person's username, password or other account information, or provide false details for a parent or guardian. (c) to maintain the security of your Account password and identification. (d) to maintain and promptly update the Registration Data, and any other information you provide to Funko, to keep it accurate and current. (d) to accept all risks of unauthorized access to the Registration Data and any other information you provide to Funko. and (e) to notify Funko immediately of any unauthorized use of your account or any other breach of security by emailing us at support@funko.com. </p> <p> By setting up an Account, you represent and warrant that:</p> <ul> <li>all the information you submit for your Account is true and accurate;</li> <li>you are at least 18 years of age;</li> <li>you have reviewed these Terms. and</li> <li>you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.</li> </ul> <p>Funko may suspend or terminate your Account at any time, for any reason, and without advance notice at Funko’s sole discretion and without any liability to you. If Funko suspends or terminates your Account or this agreement, you understand and agree that (except as otherwise expressly provided) you shall receive no refund or exchange for any unused subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.</p> <p> <strong>Purchasing Funko Products</strong> </p> <p>Some of the Sites require you to set up a User Account in order to purchase related Funko products and Subscriptions.</p> <p> All purchases from the Sites and from funko.com are subject to these Terms, including Funko's policies for cancellations, replacements, subscriptions and auto-renewal, shipping, pricing, and payments all of which are located at: Funko.com/terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). For example, the purchase terms for Collector Corps subscriptions are at collectorcorps.com/terms-conditions, the terms for Funko Shop are at funko-shop.com, and the terms for Funko's Disney Treasures are at Disneytreasures.funko.com. Before making any purchase, you should be sure to read the Terms AND the terms on the Site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.</p> <p>Funko attempts to ensure that the content, product descriptions, prices, and other information on the Sites are as accurate as possible. However, Funko does not warrant or guarantee that any information on the Sites is accurate, complete, or error-free, and Funko undertakes no commitment or obligation to update any content, product descriptions, or other information on the Sites. Funko may at any time change the contents, product descriptions, or other information on the Sites, and/or any aspect of the Sites, without prior notice. Funko also reserves the right to limit quantities of any Funko product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Funko’s sole discretion.</p> <p> As to products and services that may be featured on the Sites, Funko makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. Funko cannot guarantee that your equipment will accurately display the details of our products and services.</p> <p>By purchasing products, content or services through the Sites, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, Funko is under no obligation to offer a refund but may do so at its discretion.</p> <ul> <li> <strong>Digital Content and Virtual Items</strong> </li> </ul> <p>Some of the Sites make available digital content for download (www.funko.com/mymoji) as well as virtual items (Avatars, Badges, etc.) for use within the Sites. When you purchase these items you are purchasing a limited access license to use them. This license gives you the right to download the content (or, in the case of virtual items, to access and use them within the Sites) for your personal, non-commercial, use only and the license is not transferrable. The charge for the license may be in the form of a one-time license fee or it may be a recurring fee, depending on the item. Funko will advise you of the specific purchase terms before you complete the license purchase. Digital content may require specific software or hardware in order for you to use it and these requirements are noted on the Sites in connection with those products. You are responsible for ensuring that you meet these software and hardware requirements. Digital content and virtual items may not be returned or refunded and virtual items, may only be used within the Sites, and we may modify or discontinue them at any time. </p> <ul> <li> <strong>Software and Apps</strong> </li> </ul> <p>Funko may make software and mobile apps available for purchase from the Sites or via links to app stores such as iTunes and Google Play. Like digital content, software and mobile apps are licensed, not sold, and may be available without purchase, for a one-time fee, or a recurring fee. Funko will advise you of the specific terms of the license and any fees prior to purchase. If software is provided to you on physical media, you will own the media on which it is provided, but Funko retains all intellectual property rights in the software itself. You are responsible for confirming that the device on which you will install software meets the software and hardware requirements necessary for you to use the software. </p> <ul> <li> <strong>Funko Collectibles</strong> </li> </ul> <p>You can also purchase Funko collectible items from the Sites. When you purchase these items, Funko ships them to you according to Funko's payment, shipping and return policies. Unlike digital content and software, when you purchase Funko collectibles, you own the physical item. But, like software and other products for which you may purchase a license, you do not obtain any rights in any of the intellectual property embodied in these items. Funko retains all copyright, trademark, trade dress and other rights in them and your use of them is subject to Funko's retained rights. </p> <ul> <li> <strong>Subscriptions</strong> </li> </ul> <p>Funko also offers a variety of subscriptions for Funko products. These include: Disney Treasures, Smugglers Bounty, Legion of Collectors and Collector Corps. For a complete listing of Funko subscriptions, visit funko.com. </p> <p> The terms for each subscription are different and Funko may change them without prior notice. Some of the subscriptions may be made available on a free-trial basis and others not. Similarly, some may be available for monthly, bi-monthly, quarterly, semi-annual or annual subscription fees. Funko will advise you of the terms applicable to each subscription prior to purchase.</p> <p> <strong> <em>Each of your Funko subscriptions will automatically renew unless you modify your settings after purchase. </em> By signing up for a subscription, you agree that Funko may charge your payment method on a periodic basis as set forth at the time of your initial subscription. These charges and your subscription will continue until you cancel or modify your subscription. The renewal fee will be the same as that charged for the immediately prior renewal period, unless Funko notifies you of a rate change prior to your auto-renewal or if a coupon was used during initial sign-up. You may cancel a subscription by sending an email requesting cancellation to support@funko.com or by visiting your "My Subscription" page for your subscription and modifying your preferences. Funko will cancel your subscription within 24 hours of our receipt of your request, at which time you will no longer receive the benefit of the subscription. </strong> </p> <p> <strong>Social and Community Features</strong> </p> <p>Funko may offer various community features on the Sites, such as message or bulletin boards, forums, and chat rooms. Access to these features may be subject to age restrictions. Unless otherwise expressly stated by Funko, we will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties through these social features, although Funko reserves the right to do so in its sole discretion. Funko does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.</p> <p> As to any information or content that you submit or post to the Sites, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not do any of the following in or through the Sites:</p> <ul> <li>Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.) or that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;</li> </ul> <ul> <li>Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Sites that Funko may expressly designate for such purposes;</li> </ul> <ul> <li>Engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;</li> </ul> <ul> <li>Disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Sites, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;</li> </ul> <ul> <li>Modify, obscure, or eliminate the Funko frame set, banner advertising, or any other content or information that originates from the Sites;</li> </ul> <ul> <li>Promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals;</li> </ul> <ul> <li>Collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;</li> </ul> <ul> <li>Interfere with or disrupt the Sites or any services or features thereon, or servers or networks connected to the Sites, or violate any requirements, policies, regulations, or procedures of networks connected to the Sites</li> </ul> <ul> <li>Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;</li> <li>Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of the Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms;</li> </ul> <ul> <li>Use your web pages or other personal features or areas of the Sites as storage for remote loading or as a door or signpost to another web page, whether inside or outside the Sites. or</li> </ul> <ul> <li>Interfere with the operation or design of any elements that Funko may add to users' pages or other personal features or areas of the Sites, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.</li> </ul> <p>Funko reserves the right, in its sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Funko also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on the Sites that violate these Terms and to deny access by any user to the Sites.</p> <p>NOTICE: The information and content you submit through a social feature, such as a chat service, may be recorded and stored in multiple places, both on the Sites and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other participants of the service, some of your account information and other materials that you provide, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Sites or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to Funko's public or community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).</p> <p>While using the social and community features on the Sites, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. Funko will not be liable, and disclaims all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Sites, whether that content is posted to, downloaded from, or otherwise made available through the Sites by Funko, you, another user, or any other third party.</p> <p>Funko encourages you to report any suspected violations of these Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features. You may contact Funko to report violations at contact@funko.com.</p> <p> Funko reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms, including without limitation, removing the offending communication in whole or in part from the Sites, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Sites.</p> <p> <strong>User Generated Content</strong> </p> <p>Funko may allow you to submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”) through the Sites. All submissions must comply with the rules above for Social and Community Features. </p> <p>Funko does not claim ownership to your User Generated Content. however, you grant Funko a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.</p> <p> You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold Funko and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.</p> <p>To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of Funko copyrighted works, Funko grants you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Funko of all rights in the work you create. If such rights are not assigned to Funko, your license to create derivative works using our copyrighted works shall be null and void.</p> <p> <strong> Communications with Funko</strong> </p> <p> Funko likes to hear from you. However, in your communications with Funko, please keep in mind that, unless we specifically request them, Funko does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way, and Funko does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.</p> <p> Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to Funko via the Sites, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Sites (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Funko will not assume any responsibility, obligation, or liability for them or for Funko's receipt or non-receipt of them. Funko may delete or destroy Your Submissions at any time. Funko's receipt of Your Submissions is not an admission by Funko of their novelty, priority, or originality, and it does not impair Funko's right to contest existing or future intellectual property rights relating to Your Submissions.</p> <p> By submitting or sending Your Submissions to Funko, you grant Funko a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Funko under these Terms, do not and will not infringe any right of any third party.</p> <p> <strong>Email Contacts</strong> </p> <p>By creating a User Account or sending e-mail to Funko, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing.</p> <p> <strong>Investigations</strong> </p> <p>Funko reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Sites or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Sites, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the Sites, including any materials or items you may have acquired through your use of the Sites, and (f) discontinue any of the Sites or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.</p> <p> <strong>Privacy</strong> </p> <p>Funko may collect certain information in order to operate the Sites and to fulfill your requests or enable participation in certain online activities. Under the Funko Privacy Policy, we may disclose to third parties certain aggregate information contained in your registration information (if any) or related information. Funko will not, however, disclose personally identifiable information about you to anyone outside our corporate family, except our agents and service providers, unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce these Terms, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). For more information about and to read the Funko Privacy Policy see [link].</p> <p> Funko has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.</p> <p> <strong>Notice to International Visitors</strong> </p> <p>The Sites and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.</p> <p> Funko makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Sites from other locations, you are responsible for compliance with applicable local laws. Although Funko products and services are available in many parts of the world, the Sites may describe products and services that are available only in the United States of America and are not available worldwide. </p> <p> <strong>Banners, Advertisements and Promotions</strong> </p> <p>Funko reserves the right to post banners, advertisements, promotions, and similar content throughout the Sites. Funko may also allow advertisers and corporate partners to post content on the Sites. This content may be targeted to users based on information they provide through use of the Sites or other information. Funko does not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Sites (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Funko disclaims all liability in connection with them.</p> <p> <strong>Links to Other Sites</strong> </p> <p>The Sites may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners. Funko has no control over the content of Linked Sites, and Funko does not assume any obligation to review any Linked Sites. Funko does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Funko disclaims all liability in connection therewith. Any activity you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Funko disclaims all liability in connection therewith.</p> <p> <strong>Contests and Promotions</strong> </p> <p>Competitions that you enter through the Sites may have supplemental rules and conditions, but the following general rules apply unless otherwise provided.</p> <ul> <li> <strong>Entries</strong> </li> </ul> <p> Your competition entry is User Generated Content and subject to all provisions of these Terms. Funko may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.</p> <p>Funko reserves the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. </p> <ul> <li> <strong>Eligibility</strong> </li> </ul> <p> To enter a competition, you must have a valid User Account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. Funko reserves the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.</p> <ul> <li> <strong>Prizes</strong> </li> </ul> <p> No cash or alternative prizes are available, except that Funko reserves the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by winners. All prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.</p> <ul> <li> <strong>Publicity</strong> </li> </ul> <p> Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Funko an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.</p> <p> <strong>Copyright Claims</strong> </p> <p>Funko will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Sites, then send Funko a written notice that includes all of the following:</p> <ul> <li>a legend or subject line that says: "DMCA Copyright Infringement Notice";</li> <li>a description of the copyrighted work that you claim has been infringed;</li> <li>the URL of the site and a description of where the material that you claim is infringing is located on that site;</li> <li>your address, telephone number, and e-mail address;</li> <li>a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;</li> <li>a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed). and,</li> <li>your electronic or physical signature.</li> </ul> <p>Funko will only receive DMCA notices by mail, e-mail, or facsimile directed to Funko's Designated Agent at the addresses below:</p> <p> By Mail:</p> <p> Funko, LLC</p> <p>Attention: Legal Department</p> <p>1202 Shuksan Way</p> <p>Everett, WA 98203</p> <p>By E-Mail: contact@funko.com </p> <p>Funko may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Funko may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.</p> <p> <strong>Warranty Disclaimers and Waiver</strong> </p> <p>THE SITES, AND ALL SITE CONTENT, FUNKO PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FUNKO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FUNKO ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITES AND INFORMATION THEREON. FUNKO FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITES. FINALLY, FUNKO DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR IN CONNECTION WITH THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES.<br>YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST FUNKO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES, ANY CONTENT ON THE SITES, AND ANY FUNKO PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).</p> <p> <strong>Limitation of Liability</strong> </p> <p>Funko will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Sites or resulting from use of or reliance on the information present, even if Funko may have been advised of the possibility of such damages. If you are dissatisfied with the Sites, you do not agree with any part of these Terms, or you have any other dispute or claim with or against Funko with respect to these Terms or the Sites, then your sole and exclusive remedy is to discontinue using the Sites. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Funko’s aggregate liability shall not exceed USD $100.<br>SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.</p> <p> <strong>Force Majeure</strong> </p> <p>Without limiting any provision in the previous section, Funko shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of Funko’s obligations in relation to the subscription boxes or other Funko products if the delay or failure was due to any cause beyond Funko’s reasonable control. Causes beyond Funko’s reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident. war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance. acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority. import or export regulations or embargoes. strikes or other industrial actions or trade disputes (whether involving employees of Funko or a third party). problems in obtaining raw materials, labor, transportation, fuel, parts or machinery. and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.</p> <p> <strong>Indemnification</strong> </p> <p>You agree to indemnify, defend and hold Funko, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from any violation of these Terms or any activity related to use of the Sites by anyone using your User Account or password. </p> <p> <strong>Applicable Law</strong> </p> <p>These Terms, together with the Privacy Policy, constitute the entire agreement between you and Funko concerning your use of the Sites, superseding any prior agreements between you and Funko with respect to the Sites. These Terms and the relationship between you and Funko shall be subject to the internal laws of the State of Washington without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.</p> <p> <strong>Binding Arbitration. Class Action Waiver</strong> </p> <p>Except for matters relating to the enforcement of Funko's intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH FUNKO BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and Funko agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Funko opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Funko expressly waive the ability to participate in any class or representative litigation.</p> <p>If a dispute arises that is subject to arbitration, you must give Funko written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Funko does not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to Funko at the address set forth above in "Copyright Claims." </p> <p>Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Funko. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Seattle, Washington, unless otherwise agreed upon by you and Funko in writing. You and Funko will each bear its own expenses in the arbitration and will share equally the costs of the arbitration. provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith</p> <p>You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Funko at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.</p> <p>Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Washington law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration. Class Action Waiver" survives any termination of these Terms.</p> <p> <strong>Severability. Survival</strong> </p> <p>The Terms shall survive termination of your agreement with Funko. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.</p> <p> Last updated: December 1, 2017</p> <p> </p> updated_at: - 2019-08-19 23:15:06.222939000 Z - 2019-08-19 23:15:49.652333446 Z
Peepo: 2019-08-19 23:15:49 UTC
--- text: - '' - |- <p> </p>Terms &amp. Conditions <p>Welcome to Funko.com. This is the main website for Funko, LLC ("<strong>Funko</strong>"). Funko also owns and maintains funko-shop.com and separate-linked webpages for its products and services, all of which can accessed through the following sites: www.collectorcorps.com, www.smugglersbounty.com, www.legionofcollectors.com, disneytreasures.funko.com (“<strong>Sites</strong>”). These Terms of Use (“<strong>Terms</strong>”) govern your use of the Sites and supersede any prior agreement between you and Funko.</p> <p> <strong>Binding Contract</strong> </p> <p>THIS IS A BINDING CONTRACT BETWEEN YOU AND FUNKO. BY ACCESSING AND USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND THE FUNKO PRIVACY POLICY LOCATED AT FUNKO.COM/PRIVACY-POLICY. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITES OR ANY OF THE FEATURES OR PRODUCTS AVAILABLE THROUGH THE SITES UNLESS YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. YOU MAY NOT PROCEED TO THE SITES UNTIL YOU HAVE READ THESE TERMS AND SIGNIFIED YOUR ACCEPTANCE OF THEM. YOUR USE OF THE SITES CONSTITUTES ACCEPTANCE OF THESE TERMS. </p> <p>Funko may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Sites. If you do not agree to any change to the Terms, you must cease use of the Sites. Your continued access and use of any of the Sites signifies your acceptance of the Terms as modified.</p> <p>Funko may terminate your use of the Sites and its contract with you if you do not comply with these Terms. </p> <p>ANY DISPUTE BETWEEN YOU AND FUNKO MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, AS MORE FULLY DESCRIBED BELOW. </p> <p> <strong>Funko Products and Services</strong> </p> <p>The Sites provide you with the ability to access various Funko products, content and services, including Funko collectibles, software, games and customized products. From the Sites you can subscribe to Funko collector boxes, learn about upcoming Funko events and promotions, share information with other Funko fans, and manage your Funko collections. You can also check out Funko's subscription boxes like Disney Treasures, Smugglers Bounty, Legion of Collectors and Collector Corps. All of the products, content and services accessible through the Sites are for your personal, non-commercial use only and your access to and use of them are subject to these Terms. </p> <p>The products, content, and services available through the Sites are subject to change and, in some cases, may be subject to additional terms of use. For example, additional terms apply to subscriptions, contests, and software accessible through the Sites. Funko will notify you of these "Supplemental Terms" in connection with the applicable product or service. </p> <p>Some of the features of the Sites require you to create a user profile or user account and some require you to pay a subscription or other fee. Funko will notify you when this is required. In addition, when you access the Sites through a mobile network, your mobile network provider's messaging, data and other fees may apply. </p> <p> <strong>Third Party Products/Services and Websites</strong> </p> <p>In addition to Funko products, the Sites may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the Sites. In others, access may be via links from the Sites to third party websites. Regardless, Funko is not responsible for the products, content or services available from third parties - even if they are provided through the Sites - or for how third party sites are managed or the terms applicable to your use of them. Your access to and use of these third party materials and websites is governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third party products or websites. Funko accepts no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Funko from all claims associated with them.</p> <p> <strong>Proprietary Rights and License</strong> </p> <p>All of the products, content and services available through the Sites are protected by copyright owned by Funko or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Sites (collectively, the “Site Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the Sites, Funko or the products or services available through the Sites ("Marks") are owned by Funko or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Sites or other Site Content or the Marks by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or services and other Site Content and Marks are reserved to their respective owners. </p> <p>Subject to these Terms, Funko grants you a personal, non-transferable, and non-exclusive limited license to access and use the Sites for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. Funko may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Sites or the Site Content. </p> <p>In addition to the above license, some products, content and services may have their own license terms. For example, videos, software, and games will all have their own license terms which are in addition to these Terms. </p> <p> <strong>License Restrictions</strong> </p> <p>As above, the license granted to you by Funko is limited. It is also subject to certain restrictions. Unless Funko give you express written authority, you may not (a) resell any of the products, content or services or any other Site Content (or any portion thereof) on the Sites. (b) distribute, publicly perform, or publicly display any of the above. or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof). </p> <p>In addition, under no case are you permitted to:</p> <ul> <li>use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Sites;</li> <li>violate the restrictions in any robot exclusion headers on the Sites or circumvent any other measures used to prevent or limit access to the Sites;</li> <li>take any action that imposes, or may impose, in Funko's sole discretion, an unreasonable or disproportionately large load on our infrastructure;</li> <li>engage in deep-linking to any portion of the Sites for any purpose;</li> <li>“frame”, “mirror” or otherwise incorporate any part of the Sites into any other web site;</li> <li>use the Sites or the Site Content other than for their intended purpose;</li> <li>post content to the Sites in violation of the Terms. or</li> <li>violate any of the Community Guidelines;</li> </ul> <p>Any use of the Sites or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of Funko’s intellectual property and other proprietary rights and a violation of applicable law.</p> <p> <strong>User Information</strong> </p> <p>In the course of your use of the Sites, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Funko’s policies for collecting, using and protecting User Information are set forth in the Funko Privacy Policy atFunko.com/privacy-policy, which is part of these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.</p> <p> <strong>Creating an Account</strong> </p> <p>Funko offers a variety of products, content and services through the Sites. Some of these are available without charge and others require you to pay a fee. Funko will notify you in advance if a fee is required. </p> <p>However, many of the features available through the Sites require you to set up an account ("User Account") to access them. If you already have a Funko User Account, you may be able to use that rather than create new account. When you set up a User Account, you will be asked to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique password for your Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You may use your Account to update, revise or delete your Registration Data (as defined below). purchase products. and otherwise manage your orders and use of and interaction with the Sites. By registering for an Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”). (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person's username, password or other account information, or provide false details for a parent or guardian. (c) to maintain the security of your Account password and identification. (d) to maintain and promptly update the Registration Data, and any other information you provide to Funko, to keep it accurate and current. (d) to accept all risks of unauthorized access to the Registration Data and any other information you provide to Funko. and (e) to notify Funko immediately of any unauthorized use of your account or any other breach of security by emailing us at support@funko.com. </p> <p> By setting up an Account, you represent and warrant that:</p> <ul> <li>all the information you submit for your Account is true and accurate;</li> <li>you are at least 18 years of age;</li> <li>you have reviewed these Terms. and</li> <li>you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.</li> </ul> <p>Funko may suspend or terminate your Account at any time, for any reason, and without advance notice at Funko’s sole discretion and without any liability to you. If Funko suspends or terminates your Account or this agreement, you understand and agree that (except as otherwise expressly provided) you shall receive no refund or exchange for any unused subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.</p> <p> <strong>Purchasing Funko Products</strong> </p> <p>Some of the Sites require you to set up a User Account in order to purchase related Funko products and Subscriptions.</p> <p> All purchases from the Sites and from funko.com are subject to these Terms, including Funko's policies for cancellations, replacements, subscriptions and auto-renewal, shipping, pricing, and payments all of which are located at: Funko.com/terms. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). For example, the purchase terms for Collector Corps subscriptions are at collectorcorps.com/terms-conditions, the terms for Funko Shop are at funko-shop.com, and the terms for Funko's Disney Treasures are at Disneytreasures.funko.com. Before making any purchase, you should be sure to read the Terms AND the terms on the Site carefully. In the event of a conflict between the general purchase terms here and the individual purchase terms, the individual purchase terms will govern.</p> <p>Funko attempts to ensure that the content, product descriptions, prices, and other information on the Sites are as accurate as possible. However, Funko does not warrant or guarantee that any information on the Sites is accurate, complete, or error-free, and Funko undertakes no commitment or obligation to update any content, product descriptions, or other information on the Sites. Funko may at any time change the contents, product descriptions, or other information on the Sites, and/or any aspect of the Sites, without prior notice. Funko also reserves the right to limit quantities of any Funko product or service purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Funko’s sole discretion.</p> <p> As to products and services that may be featured on the Sites, Funko makes every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. Funko cannot guarantee that your equipment will accurately display the details of our products and services.</p> <p>By purchasing products, content or services through the Sites, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, Funko is under no obligation to offer a refund but may do so at its discretion.</p> <ul> <li> <strong>Digital Content and Virtual Items</strong> </li> </ul> <p>Some of the Sites make available digital content for download (www.funko.com/mymoji) as well as virtual items (Avatars, Badges, etc.) for use within the Sites. When you purchase these items you are purchasing a limited access license to use them. This license gives you the right to download the content (or, in the case of virtual items, to access and use them within the Sites) for your personal, non-commercial, use only and the license is not transferrable. The charge for the license may be in the form of a one-time license fee or it may be a recurring fee, depending on the item. Funko will advise you of the specific purchase terms before you complete the license purchase. Digital content may require specific software or hardware in order for you to use it and these requirements are noted on the Sites in connection with those products. You are responsible for ensuring that you meet these software and hardware requirements. Digital content and virtual items may not be returned or refunded and virtual items, may only be used within the Sites, and we may modify or discontinue them at any time. </p> <ul> <li> <strong>Software and Apps</strong> </li> </ul> <p>Funko may make software and mobile apps available for purchase from the Sites or via links to app stores such as iTunes and Google Play. Like digital content, software and mobile apps are licensed, not sold, and may be available without purchase, for a one-time fee, or a recurring fee. Funko will advise you of the specific terms of the license and any fees prior to purchase. If software is provided to you on physical media, you will own the media on which it is provided, but Funko retains all intellectual property rights in the software itself. You are responsible for confirming that the device on which you will install software meets the software and hardware requirements necessary for you to use the software. </p> <ul> <li> <strong>Funko Collectibles</strong> </li> </ul> <p>You can also purchase Funko collectible items from the Sites. When you purchase these items, Funko ships them to you according to Funko's payment, shipping and return policies. Unlike digital content and software, when you purchase Funko collectibles, you own the physical item. But, like software and other products for which you may purchase a license, you do not obtain any rights in any of the intellectual property embodied in these items. Funko retains all copyright, trademark, trade dress and other rights in them and your use of them is subject to Funko's retained rights. </p> <ul> <li> <strong>Subscriptions</strong> </li> </ul> <p>Funko also offers a variety of subscriptions for Funko products. These include: Disney Treasures, Smugglers Bounty, Legion of Collectors and Collector Corps. For a complete listing of Funko subscriptions, visit funko.com. </p> <p> The terms for each subscription are different and Funko may change them without prior notice. Some of the subscriptions may be made available on a free-trial basis and others not. Similarly, some may be available for monthly, bi-monthly, quarterly, semi-annual or annual subscription fees. Funko will advise you of the terms applicable to each subscription prior to purchase.</p> <p> <strong> <em>Each of your Funko subscriptions will automatically renew unless you modify your settings after purchase. </em> By signing up for a subscription, you agree that Funko may charge your payment method on a periodic basis as set forth at the time of your initial subscription. These charges and your subscription will continue until you cancel or modify your subscription. The renewal fee will be the same as that charged for the immediately prior renewal period, unless Funko notifies you of a rate change prior to your auto-renewal or if a coupon was used during initial sign-up. You may cancel a subscription by sending an email requesting cancellation to support@funko.com or by visiting your "My Subscription" page for your subscription and modifying your preferences. Funko will cancel your subscription within 24 hours of our receipt of your request, at which time you will no longer receive the benefit of the subscription. </strong> </p> <p> <strong>Social and Community Features</strong> </p> <p>Funko may offer various community features on the Sites, such as message or bulletin boards, forums, and chat rooms. Access to these features may be subject to age restrictions. Unless otherwise expressly stated by Funko, we will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties through these social features, although Funko reserves the right to do so in its sole discretion. Funko does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.</p> <p> As to any information or content that you submit or post to the Sites, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not do any of the following in or through the Sites:</p> <ul> <li>Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.) or that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;</li> </ul> <ul> <li>Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Sites that Funko may expressly designate for such purposes;</li> </ul> <ul> <li>Engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;</li> </ul> <ul> <li>Disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Sites, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;</li> </ul> <ul> <li>Modify, obscure, or eliminate the Funko frame set, banner advertising, or any other content or information that originates from the Sites;</li> </ul> <ul> <li>Promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals;</li> </ul> <ul> <li>Collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;</li> </ul> <ul> <li>Interfere with or disrupt the Sites or any services or features thereon, or servers or networks connected to the Sites, or violate any requirements, policies, regulations, or procedures of networks connected to the Sites</li> </ul> <ul> <li>Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;</li> <li>Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of the Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms;</li> </ul> <ul> <li>Use your web pages or other personal features or areas of the Sites as storage for remote loading or as a door or signpost to another web page, whether inside or outside the Sites. or</li> </ul> <ul> <li>Interfere with the operation or design of any elements that Funko may add to users' pages or other personal features or areas of the Sites, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.</li> </ul> <p>Funko reserves the right, in its sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Funko also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on the Sites that violate these Terms and to deny access by any user to the Sites.</p> <p>NOTICE: The information and content you submit through a social feature, such as a chat service, may be recorded and stored in multiple places, both on the Sites and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other participants of the service, some of your account information and other materials that you provide, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Sites or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to Funko's public or community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).</p> <p>While using the social and community features on the Sites, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. Funko will not be liable, and disclaims all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Sites, whether that content is posted to, downloaded from, or otherwise made available through the Sites by Funko, you, another user, or any other third party.</p> <p>Funko encourages you to report any suspected violations of these Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features. You may contact Funko to report violations at contact@funko.com.</p> <p> Funko reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms, including without limitation, removing the offending communication in whole or in part from the Sites, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Sites.</p> <p> <strong>User Generated Content</strong> </p> <p>Funko may allow you to submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”) through the Sites. All submissions must comply with the rules above for Social and Community Features. </p> <p>Funko does not claim ownership to your User Generated Content. however, you grant Funko a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.</p> <p> You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold Funko and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.</p> <p>To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of Funko copyrighted works, Funko grants you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Funko of all rights in the work you create. If such rights are not assigned to Funko, your license to create derivative works using our copyrighted works shall be null and void.</p> <p> <strong> Communications with Funko</strong> </p> <p> Funko likes to hear from you. However, in your communications with Funko, please keep in mind that, unless we specifically request them, Funko does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way, and Funko does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.</p> <p> Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to Funko via the Sites, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Sites (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Funko will not assume any responsibility, obligation, or liability for them or for Funko's receipt or non-receipt of them. Funko may delete or destroy Your Submissions at any time. Funko's receipt of Your Submissions is not an admission by Funko of their novelty, priority, or originality, and it does not impair Funko's right to contest existing or future intellectual property rights relating to Your Submissions.</p> <p> By submitting or sending Your Submissions to Funko, you grant Funko a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Funko under these Terms, do not and will not infringe any right of any third party.</p> <p> <strong>Email Contacts</strong> </p> <p>By creating a User Account or sending e-mail to Funko, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing.</p> <p> <strong>Investigations</strong> </p> <p>Funko reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Sites or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Sites, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the Sites, including any materials or items you may have acquired through your use of the Sites, and (f) discontinue any of the Sites or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.</p> <p> <strong>Privacy</strong> </p> <p>Funko may collect certain information in order to operate the Sites and to fulfill your requests or enable participation in certain online activities. Under the Funko Privacy Policy, we may disclose to third parties certain aggregate information contained in your registration information (if any) or related information. Funko will not, however, disclose personally identifiable information about you to anyone outside our corporate family, except our agents and service providers, unless: (a) you specifically authorize us to do so, (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce these Terms, or (c) it's otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). For more information about and to read the Funko Privacy Policy see [link].</p> <p> Funko has adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of personal information.</p> <p> <strong>Notice to International Visitors</strong> </p> <p>The Sites and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.</p> <p> Funko makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Sites from other locations, you are responsible for compliance with applicable local laws. Although Funko products and services are available in many parts of the world, the Sites may describe products and services that are available only in the United States of America and are not available worldwide. </p> <p> <strong>Banners, Advertisements and Promotions</strong> </p> <p>Funko reserves the right to post banners, advertisements, promotions, and similar content throughout the Sites. Funko may also allow advertisers and corporate partners to post content on the Sites. This content may be targeted to users based on information they provide through use of the Sites or other information. Funko does not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Sites (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Funko disclaims all liability in connection with them.</p> <p> <strong>Links to Other Sites</strong> </p> <p>The Sites may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners. Funko has no control over the content of Linked Sites, and Funko does not assume any obligation to review any Linked Sites. Funko does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Funko disclaims all liability in connection therewith. Any activity you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Funko disclaims all liability in connection therewith.</p> <p> <strong>Contests and Promotions</strong> </p> <p>Competitions that you enter through the Sites may have supplemental rules and conditions, but the following general rules apply unless otherwise provided.</p> <ul> <li> <strong>Entries</strong> </li> </ul> <p> Your competition entry is User Generated Content and subject to all provisions of these Terms. Funko may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.</p> <p>Funko reserves the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. </p> <ul> <li> <strong>Eligibility</strong> </li> </ul> <p> To enter a competition, you must have a valid User Account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. Funko reserves the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.</p> <ul> <li> <strong>Prizes</strong> </li> </ul> <p> No cash or alternative prizes are available, except that Funko reserves the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by winners. All prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.</p> <ul> <li> <strong>Publicity</strong> </li> </ul> <p> Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Funko an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.</p> <p> <strong>Copyright Claims</strong> </p> <p>Funko will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Sites, then send Funko a written notice that includes all of the following:</p> <ul> <li>a legend or subject line that says: "DMCA Copyright Infringement Notice";</li> <li>a description of the copyrighted work that you claim has been infringed;</li> <li>the URL of the site and a description of where the material that you claim is infringing is located on that site;</li> <li>your address, telephone number, and e-mail address;</li> <li>a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;</li> <li>a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed). and,</li> <li>your electronic or physical signature.</li> </ul> <p>Funko will only receive DMCA notices by mail, e-mail, or facsimile directed to Funko's Designated Agent at the addresses below:</p> <p> By Mail:</p> <p> Funko, LLC</p> <p>Attention: Legal Department</p> <p>1202 Shuksan Way</p> <p>Everett, WA 98203</p> <p>By E-Mail: contact@funko.com </p> <p>Funko may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Funko may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.</p> <p> <strong>Warranty Disclaimers and Waiver</strong> </p> <p>THE SITES, AND ALL SITE CONTENT, FUNKO PRODUCTS AND SERVICES, AND OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FUNKO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FUNKO ALSO DISCLAIMS ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITES AND INFORMATION THEREON. FUNKO FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITES. FINALLY, FUNKO DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR IN CONNECTION WITH THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITES.<br>YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST FUNKO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITES, ANY CONTENT ON THE SITES, AND ANY FUNKO PRODUCTS AND/OR SERVICES, AS WELL AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION).</p> <p> <strong>Limitation of Liability</strong> </p> <p>Funko will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data, or costs of replacement goods) arising out of or relating to your use or inability to use the Sites or resulting from use of or reliance on the information present, even if Funko may have been advised of the possibility of such damages. If you are dissatisfied with the Sites, you do not agree with any part of these Terms, or you have any other dispute or claim with or against Funko with respect to these Terms or the Sites, then your sole and exclusive remedy is to discontinue using the Sites. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Funko’s aggregate liability shall not exceed USD $100.<br>SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.</p> <p> <strong>Force Majeure</strong> </p> <p>Without limiting any provision in the previous section, Funko shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of Funko’s obligations in relation to the subscription boxes or other Funko products if the delay or failure was due to any cause beyond Funko’s reasonable control. Causes beyond Funko’s reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident. war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance. acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority. import or export regulations or embargoes. strikes or other industrial actions or trade disputes (whether involving employees of Funko or a third party). problems in obtaining raw materials, labor, transportation, fuel, parts or machinery. and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.</p> <p> <strong>Indemnification</strong> </p> <p>You agree to indemnify, defend and hold Funko, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and costs, resulting from any violation of these Terms or any activity related to use of the Sites by anyone using your User Account or password. </p> <p> <strong>Applicable Law</strong> </p> <p>These Terms, together with the Privacy Policy, constitute the entire agreement between you and Funko concerning your use of the Sites, superseding any prior agreements between you and Funko with respect to the Sites. These Terms and the relationship between you and Funko shall be subject to the internal laws of the State of Washington without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.</p> <p> <strong>Binding Arbitration. Class Action Waiver</strong> </p> <p>Except for matters relating to the enforcement of Funko's intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH FUNKO BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and Funko agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Funko opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Funko expressly waive the ability to participate in any class or representative litigation.</p> <p>If a dispute arises that is subject to arbitration, you must give Funko written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Funko does not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to Funko at the address set forth above in "Copyright Claims." </p> <p>Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Funko. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Seattle, Washington, unless otherwise agreed upon by you and Funko in writing. You and Funko will each bear its own expenses in the arbitration and will share equally the costs of the arbitration. provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith</p> <p>You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Funko at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.</p> <p>Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Washington law to any underlying claims as provided above). You agree the arbitration and other provisions of this section "Binding Arbitration. Class Action Waiver" survives any termination of these Terms.</p> <p> <strong>Severability. Survival</strong> </p> <p>The Terms shall survive termination of your agreement with Funko. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.</p> <p> Last updated: December 1, 2017</p> <p> </p> updated_at: - 2019-08-19 23:15:06.222939000 Z - 2019-08-19 23:15:49.351445055 Z
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--- id: - - 1797 name: - - Funko url: - - funko.com created_at: - - &1 2019-08-19 23:13:11.393579210 Z updated_at: - - *1 wikipedia: - - https://en.wikipedia.org/wiki/Funko user_id: - - 2527
osnelson: 2019-08-19 16:41:19 UTC
--- text: - - |- MicrosoftMicrosoft Services AgreementMicrosoft Services Agreement Microsoft Services Agreement <ul> <li> Home </li> <li>FAQ</li> <li>Microsoft Services Agreement</li> <li>More<ul> <li>Microsoft Privacy Statement</li> <li>Bing Suppliers Page</li> </ul> </li> </ul> <ul> <li>All Microsoft<ul> <li> <ul> <li>Office</li> <li>Windows</li> <li>Surface</li> <li>Xbox</li> <li>Deals</li> <li>Support</li> </ul> </li> <li>Software<ul> <li>Windows apps</li> <li>OneDrive</li> <li>Outlook</li> <li>Skype</li> <li>OneNote</li> </ul> </li> <li>PCs &amp. Devices <ul> <li>PCs &amp. tablets</li> <li>Accessories</li> </ul> </li> <li>Entertainment<ul> <li>Xbox games</li> <li>PC games</li> <li>Windows digital games</li> <li>Movies &amp. TV</li> <li>Books</li> </ul> </li> <li>Business<ul> <li>Microsoft Azure</li> <li>Microsoft Dynamics 365</li> <li>Microsoft 365</li> <li>Microsoft Industry</li> <li>Data platform</li> <li>Microsoft Advertising</li> <li>Licensing</li> </ul> </li> <li>Developer &amp. IT <ul> <li>.NET</li> <li>Visual Studio</li> <li>Windows Server</li> <li>Windows Dev Center</li> <li>Docs</li> </ul> </li> <li>Other<ul> <li>Microsoft Store</li> <li>Microsoft Rewards </li> <li>Free downloads &amp. security</li> <li>Education</li> <li>Store locations</li> <li>Gift cards</li> </ul> </li> <li>View Sitemap</li> </ul> </li> </ul>Search<ul> </ul>Cancel Published: July 1, 2019What's new?Effective: August 30, 2019Existing Microsoft Services AgreementPrintMicrosoft Services Agreement<p> <strong>IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. IT AFFECTS HOW DISPUTES ARE RESOLVED.</strong> </p> <p>These terms (“<strong>Terms</strong>”) cover the use of those Microsoft consumer products, websites, and services listed here (the “<strong>Services</strong>”). You accept these Terms by creating a Microsoft account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. </p>Your PrivacyYour Privacy<p>1. <strong>Your Privacy.</strong> Your privacy is important to us. Please read the Microsoft Privacy Statement (the "<strong>Privacy Statement</strong>") as it describes the types of data we collect from you and your devices ("<strong>Data</strong>"), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others. postings submitted by you to Microsoft via the Services. and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services ("<strong>Your Content</strong>"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement. </p>Top of pageYour ContentYour Content<p>2. <strong>Your Content.</strong> Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.</p> <ul> <li>a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Microsoft cannot be held responsible for Your Content or the material others upload, store or share using the Services.</li> <li>b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how Microsoft personalizes advertising are available on the Security &amp. privacy page of the Microsoft account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.</li> </ul>Top of pageCode of ConductCode of Conduct<p>3. <strong>Code of Conduct.</strong> </p> <ul> <li>a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:</li> <ul> <li>i. Don’t do anything illegal.</li> <li>ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.</li> <li>iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.</li> <li>iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).</li> <li>v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).</li> <li>vi. Don’t circumvent any restrictions on access to or availability of the Services.</li> <li>vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).</li> <li>viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).</li> <li>ix. Don’t engage in activity that violates the privacy of others.</li> <li>x. Don’t help others break these rules.</li> </ul> <li>b. <strong>Enforcement.</strong> If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.</li> <li>c. <strong>Application to Xbox Services.</strong> Click here for more information about how this Code of Conduct applies to Xbox Live, Xbox Game Pass, Games for Windows Live and Xbox Game Studios games, applications, services and content provided by Microsoft. Violation of the Code of Conduct through Xbox Services (defined in section 14(a)(i)) may result in suspensions or bans from participation in Xbox Services, including forfeiture of content licenses, Xbox Gold Membership time, and Microsoft account balances associated with the account.</li> </ul>Top of pageUsing the Services &amp. SupportUsing the Services &amp. Support<p>4. <strong>Using the Services &amp. Support.</strong> </p> <ul> <li>a. <strong>Microsoft account.</strong> You’ll need a Microsoft account to access many of the Services. Your Microsoft account lets you sign in to products, websites and services provided by Microsoft and some Microsoft partners. <ul> <li>i. <strong>Creating an Account.</strong> You can create a Microsoft account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Microsoft account. In some cases, a third party, like your Internet service provider, may have assigned a Microsoft account to you. If you received your Microsoft account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Microsoft account. Please review any additional terms the third party provided you, as Microsoft has no responsibility regarding these additional terms. If you create a Microsoft account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Microsoft account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Microsoft account.</li> <li>ii. <strong>Account Use.</strong> You must use your Microsoft account to keep it active. This means you must sign in at least once in a two-year period to keep your Microsoft account, and associated Services, active, unless a longer period is provided in the Microsoft account activity policy at https://go.microsoft.com/fwlink/p/?linkid=2086738 or in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Microsoft account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Microsoft account. You must sign into your Outlook.com inbox and your OneDrive (separately) at least once in a one-year period, otherwise we will close your Outlook.com inbox and your OneDrive for you. You must sign into the Xbox Services at least once in a five-year period to keep the gamertag associated with your Microsoft account. If we reasonably suspect that your Microsoft account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), Microsoft may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Microsoft account, please visit this website: https://go.microsoft.com/fwlink/?LinkId=238656.</li> <li>iii. <strong>Kids and Accounts.</strong> By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a Microsoft account. If you are the parent or legal guardian of a minor who creates a Microsoft account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Microsoft account or Services, including purchases, whether the minor’s account is now open or created later.</li> <li>iv. <strong>Closing Your Account.</strong> <ul> <li>1. You can cancel specific Services or close your Microsoft account at any time and for any reason. To close your Microsoft account, please visit https://account.live.com/closeaccount.aspx. When you ask us to close your Microsoft account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Microsoft account will be closed. Please see section 4(a)(iv)(2) below for an explanation as to what happens when your Microsoft account is closed. Logging back in during that 60-day period will reactivate your Microsoft account.</li> <li>2. If your Microsoft account is closed (whether by you or us), a few things happen. First, your right to use the Microsoft account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your Microsoft account or will otherwise disassociate it from you and your Microsoft account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as Microsoft won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired. Fourth, we may temporarily prevent creation of an account associated with the email address you provided.</li> </ul> </li> </ul> </li> <li>b. <strong>Work or School Accounts.</strong> You can sign into certain Microsoft services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your Microsoft account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that Microsoft may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the Microsoft services may be subject to the agreements Microsoft has with you or your organization and these Terms may not apply. If you already have a Microsoft account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Microsoft account in order to continue accessing such Services. </li> <li>c. <strong>Additional Equipment/Data Plans.</strong> To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you. </li> <li>d. <strong>Service Notifications.</strong> When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your Microsoft account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). <strong>Data or messaging rates may apply when receiving notifications via SMS.</strong> </li> <li>e. <strong>Support.</strong> Customer support for some Services is available at https://support.microsoft.com. Certain Services may offer separate or additional customer support, subject to the terms available at www.microsoft.com/support-service-agreement, unless otherwise specified. Support may not be available for preview or beta versions of features or Services. </li> <li>f. <strong>Ending your Services.</strong> If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Microsoft account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your Microsoft account and have no other account able to access the Services your Services may be canceled immediately. </li> </ul>Top of pageUsing Third-Party Apps and ServicesUsing Third-Party Apps and Services<p>5. <strong>Using Third-Party Apps and Services.</strong> The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t Microsoft) (<strong>"Third-Party Apps and Services"</strong>). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App or Service. See section 14(b) for additional terms for applications acquired through certain Stores owned or operated by Microsoft or its affiliates (including, but not limited to, the Office Store, the Microsoft Store on Xbox and the Microsoft Store on Windows). You should review the third-party terms and privacy policies before acquiring, using, requesting, or linking your Microsoft Account to any Third-Party Apps and Services. Any third-party terms do not modify any of these Terms. You are responsible for your dealings with third parties. Microsoft does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.</p>Top of pageService AvailabilityService Availability<p>6. <strong>Service Availability.</strong> </p> <ul> <li>a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Microsoft account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.</li> <li>b. We strive to keep the Services up and running. however, all online services suffer occasional disruptions and outages, and Microsoft is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.</li> </ul>Top of pageUpdates to the Services or Software, and Changes to These TermsUpdates to the Services or Software, and Changes to These Terms<p>7. <strong>Updates to the Services or Software, and Changes to These Terms.</strong> </p> <ul> <li>a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Microsoft account and, if you are a parent or guardian, help your minor child close his or her Microsoft account.</li> <li>b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Microsoft isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.</li> <li>c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.</li> <li>d. So that you can use material protected with digital rights management (DRM), like some music, games, movies, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.</li> </ul>Top of pageSoftware LicenseSoftware License<p>8. <strong>Software License.</strong> Unless accompanied by a separate Microsoft license agreement (for example, if you are using a Microsoft application that is included with and a part of Windows, then the Microsoft Software License Terms for the Windows Operating System govern such software), any software provided by us to you as part of the Services is subject to these Terms. Applications acquired through certain Stores owned or operated by Microsoft or its affiliates (including, but not limited to the Office Store, Microsoft Store on Windows and Microsoft Store on Xbox) are subject to section 14(b)(i) below.</p> <ul> <li>a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Microsoft. Notices, if any, for the third-party code are included for your information only.</li> <li>b. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not: <ul> <li>i. circumvent or bypass any technological protection measures in or relating to the software or Services;</li> <li>ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;</li> <li>iii. separate components of the software or Services for use on different devices;</li> <li>iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Microsoft expressly authorizes you to do so;</li> <li>v. transfer the software, any software licenses, or any rights to access or use the Services;</li> <li>vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;</li> <li>vii. enable access to the Services or modify any Microsoft-authorized device (e.g., Xbox One, Xbox 360, Microsoft Surface, etc.) by unauthorized third-party applications.</li> </ul> </li> </ul>Top of pagePayment TermsPayment Terms<p>9. <strong>Payment Terms.</strong> If you purchase a Service, then these payment terms apply to your purchase and you agree to them.</p> <ul> <li>a. <strong>Charges.</strong> If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for Skype paid products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Microsoft account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.</li> <li>b. <strong>Your Billing Account.</strong> To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Microsoft account management website and for Skype by signing into your account portal at https://skype.com/go/myaccount. Additionally, you agree to permit Microsoft to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.</li> <li>c. <strong>Billing.</strong> By providing Microsoft with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate. (ii) authorize Microsoft to charge you for the Services or available content using your payment method. and (iii) authorize Microsoft to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance. (b) at the time of purchase. (c) shortly after purchase. or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.</li> <li>d. <strong>Recurring Payments.</strong> When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Microsoft by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Microsoft. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Microsoft to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, <strong>"Electronic Payments"</strong>). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.</li> <li>e. <strong>Online Statement and Errors.</strong> Microsoft will provide you with an online billing statement on the Microsoft account management website, where you can view and print your statement. For Skype, you can access your online statement by signing into your account at www.skype.com. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Microsoft has identified a billing error, we will correct that error within 90 days.</li> <li>f. <strong>Refund Policy.</strong> Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Microsoft has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.</li> <li>g. <strong>Canceling the Services.</strong> You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the Microsoft account management website. You can request a refund from Skype using the Cancellation and Refund form. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation. (ii) you may be obligated to pay cancellation charges. (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation. and (iv) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.</li> <li>h. <strong>Trial-Period Offers.</strong> If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.</li> <li>i. <strong>Promotional Offers.</strong> From time to time, Microsoft may offer Services for a trial period during which Microsoft will not charge you for the Services. Microsoft reserves the right to charge you for such Services (at the normal rate) if Microsoft determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.</li> <li>j. <strong>Price Changes.</strong> We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.</li> <li>k. <strong>Payments to You.</strong> If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.</li> <li>l. <strong>Gift Cards.</strong> Redemption and use of gift cards (other than Skype gift cards) are governed by the Microsoft Gift Card Terms and Conditions. Information on Skype gift cards is available on Skype’s Help page.</li> <li>m. <strong>Bank Account Payment Method.</strong> You may register an eligible bank account with your Microsoft account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("<strong>ACH</strong>") entries, a European financial institution that supports Single Euro Payments Area ("<strong>SEPA</strong>") or "iDEAL" in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your Microsoft account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize Microsoft (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Microsoft account. Contact customer support as outlined above in section 4(e) as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.</li> </ul>Top of pageContracting Entity, Choice of Law, JurisdictionContracting Entity, Choice of Law, Jurisdiction<p>10. <strong>Contracting Entity.</strong> For use of free and paid consumer Skype-branded Services, you're contracting with, and all references to “Microsoft” in these Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg. For all other Services, you're contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.</p> <p>11. <strong>Choice of Law and Place to Resolve Disputes.</strong> If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).</p>Top of pageWarrantiesWarranties<p> 12.<strong> Warranties. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.</strong> </p>Top of pageLimitation of LiabilityLimitation of Liability<p> 13. <strong>Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive.</strong> These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.</p>Top of pageService-Specific TermsService-Specific Terms<p>14. <strong>Service-Specific Terms.</strong> The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.</p>Top of pageXbox Live and Xbox Game Studios Games and ApplicationsXbox Live and Xbox Game Studios Games and Applications<ul> <li>a. <strong>Xbox Live and Xbox Game Studios Games and Applications.</strong> <ul> <li>i. <strong>Personal Noncommercial Use.</strong> Xbox Live, Games for Windows Live and Xbox Game Studios games, applications, services and content provided by Microsoft (collectively, the "<strong>Xbox Services</strong>") are only for your personal and noncommercial use.</li> <li>ii. <strong>Xbox Services.</strong> When you sign up to Xbox Live and/or receive Xbox Services, information about your game play, activities and usage of games and Xbox Services will be tracked and shared with applicable third-party game developers in order for Microsoft and the third-party game developers to operate their games and to deliver the Xbox Services. If you choose to link your Microsoft Xbox Services account with your account on a non-Microsoft service (for example, a non-Microsoft game publisher of Third-Party Apps and Services), you agree that: (a) Microsoft may share limited account information (including without limitation gamertag, gamerscore, game score, game history, and friends list), with that non-Microsoft party as stated in the Microsoft Privacy Statement, and (b) if allowed by your Xbox privacy settings, the non-Microsoft party may also have access to Your Content from in-game communications when you are signed into your account with that non-Microsoft party. Also, if allowed by your Xbox privacy settings, Microsoft can publish your name, gamertag, gamerpic, motto, avatar, gameclips and games that you’ve played in communications to people you allow.</li> <li>iii. <strong>Your Content.</strong> As part of building the Xbox Services community, you grant to Microsoft, its affiliates and sublicensees a free and worldwide right to use, modify, reproduce, distribute, broadcast, share and display Your Content or your name, gamertag, motto, or avatar that you posted for any Xbox Services.</li> <li>iv. <strong>Game Managers.</strong> Some games may use game managers and hosts. Game managers and hosts are not authorized Microsoft spokespersons. Their views do not necessarily reflect those of Microsoft.</li> <li>v. <strong>Kids on Xbox.</strong> If you are a minor using Xbox Live, your parent or guardian may have control over many aspects of your account and may receive reports about your use of Xbox Live.</li> <li>vi. <strong>Game Currency or Virtual Goods.</strong> The Services may include a virtual, game currency (like gold, coins or points) that may be purchased from Microsoft using actual monetary instruments if you have reached the age of "majority" where you live. The Services may also include virtual, digital items or goods that may be purchased from Microsoft using actual monetary instruments or using game currency. Game currency and virtual goods may never be redeemed for actual monetary instruments, goods or other items of monetary value from Microsoft or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the game currency and virtual goods in the Services only, you have no right or title in or to any such game currency or virtual goods appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Microsoft may at any time regulate, control, modify and/or eliminate the game currency and/or virtual goods as it sees fit in its sole discretion.</li> <li>vii. <strong>Software Updates.</strong> For any device that can connect to Xbox Services, we may automatically check your version of Xbox console software or the Xbox app software and download Xbox console or Xbox app software updates or configuration changes, including those that prevent you from accessing the Xbox Services, using unauthorized Xbox games or Xbox apps, or using unauthorized hardware peripheral devices with an Xbox console.</li> <li>viii. <strong>Gamertag Expiration.</strong> You must sign into Xbox Services at least once in a five-year period, otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others.</li> <li>ix. <strong>Arena.</strong> Arena is an Xbox Service by which Microsoft or a third party may offer you the ability to participate in or create a competitive videogame contest, sometimes for a prize ("<strong>Contest</strong>"). Your use of Arena is subject to these Terms, and may require you to accept additional Contest terms, conditions and rules required by the Contest organizer at the time of signup ("<strong>Contest Terms</strong>"). Eligibility rules may apply, and may vary by jurisdiction. Contests are void where prohibited or restricted by law. Violation of these Terms (including the Code of Conduct) or Contest Terms may result in a penalty or disqualification from the Contest. If you create a Contest, you may not require any Contest Rules that Microsoft (in its sole discretion) deems inconsistent with these Terms. Microsoft reserves the right to cancel any Contest at any time. </li> <li>x. <strong>Cheating and Tampering Software.</strong> For any device that can connect to Xbox Services, we may automatically check your device for unauthorized hardware or software that enables cheating or tampering in violation of the Code of Conduct or these Terms, and download Xbox app software updates or configuration changes, including those that prevent you from accessing the Xbox Services, or from using unauthorized hardware or software that enables cheating or tampering.</li> <li>xi. <strong>Mixer.</strong> <ul> <li>1. <strong>Mixer Terms.</strong> If you use the Mixer Service then your use is covered by the Mixer Terms of Service available at https://mixer.com/about/tos in addition to these Terms. These Terms apply where there is conflict.</li> <li>2. <strong>Your Content on Mixer. "Your Content on Mixer"</strong> means all content you, or someone on your behalf, creates on the Mixer Service, including but not limited to live and recorded streams (and any content, like audiovisual content, they contain). brand names, trademarks, service marks, trade names, logos, or indicia of origin. your comments, emoticons, and activity in Mixer channels (including bot-generated content). and all related metadata. Anyone, including Microsoft and users, can see, use, host, reproduce, modify, distribute, publish, publicly and digitally perform and display, translate, adapt, and otherwise exploit Your Content on Mixer, in any form, format, media, or channels now known or later developed.</li> <li>3. <strong>Code of Conduct Applied to Mixer.</strong> Click here for more information about how Microsoft’s Code of Conduct applies to Mixer.</li> <li>4. <strong>Using the Mixer Service.</strong> <ul> <li>a. <em>Minimum Age.</em> By using the Mixer Service, you represent that you are at least 13 years old and, if you are under the age of majority where you live, your use is supervised by a parent or legal guardian. </li> <li>b. <em>Anonymous and Non-Anonymous Use.</em> You can use Mixer anonymously if you only want to view content. However, chatting, following channels, streaming, and other interactions require you to sign into an account, in which case the Mixer Service uses your existing Microsoft account. Otherwise, you need to create an account, sign-in, and will be identified to other users by your Mixer name.</li> <li>c. <em> Mixer Accounts and Third-Party Accounts.</em> Mixer offers the ability to sign in using a Mixer account or a third-party account (Twitter or Discord). If you use any of these accounts to sign in, you must associate the account with your Microsoft account.</li> <li>d. <em>Account Use.</em> If you use a Mixer account, you must use it to keep it active. Sign into the Mixer Service at least once in a five-year period to keep your Mixer alias associated with your Microsoft account.</li> </ul> </li> <li>5. <strong>Service Notifications.</strong> When there’s something we need to tell you about the Mixer Service, we’ll send you Service notifications to the email associated with your Mixer account and/or Microsoft account.</li> <li>6. <strong>Support.</strong> Customer support for the Mixer Service is available at mixer.com/contact.</li> </ul> </li> </ul> </li> </ul>Top of pageStoreStore<ul> <li>b. <strong>Store.</strong> "Store" refers to a Service that allows you to browse, download, purchase, and rate and review applications (the term "application" includes games) and other digital content. These Terms cover use of certain Stores owned or operated by Microsoft or its affiliates (including, but not limited to, the Office Store, Microsoft Store on Xbox and Microsoft Store on Windows). <strong>"Office Store"</strong> means a Store for Office products and apps for Office, Office 365, SharePoint, Exchange, Access and Project (2013 versions or later), or any other experience that is branded Office Store. <strong>"Microsoft Store on Windows"</strong> means a Store, owned and operated by Microsoft or its affiliates, for Windows devices such as phone, PC and tablet, or any other experience that is branded Microsoft Store and accessible on Windows devices such as phone, PC, or tablet. <strong>"Microsoft Store on Xbox"</strong> means a Store owned and operated by Microsoft or its affiliates and made available on Xbox One or Xbox 360 consoles, or any other experience that is branded Microsoft Store and made available on an Xbox console. <ul> <li>i. <strong>License Terms.</strong> We will identify the publisher of each application available in the relevant Store. Unless different license terms are provided with the application, the Standard Application License Terms (<strong>"SALT"</strong>) at the end of these Terms are an agreement between you and the application publisher setting forth the license terms that apply to an application you download through any Store owned or operated by Microsoft or its affiliates (excluding the Office Store). For clarity, these Terms cover the use of, and services provided by, Microsoft Services. Section 5 of these Terms also applies to any Third-Party Apps and Services acquired through a Store. Applications downloaded through the Office Store are not governed by the SALT and have separate license terms that apply.</li> <li>ii. <strong>Updates.</strong> Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications. However, certain Office Store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update.</li> <li>iii. <strong>Ratings and Reviews.</strong> If you rate or review an application or other Digital Good in the Store, you may receive email from Microsoft containing content from the publisher of the application or Digital Good. Any such email comes from Microsoft. we do not share your email address with publishers of applications or other Digital Goods you acquire through the Store.</li> <li>iv. <strong>Safety Warning.</strong> To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.</li> </ul> </li> </ul>Top of pageMicrosoft Family FeaturesMicrosoft Family Features<ul> <li>c. <strong>Microsoft Family Features.</strong> Parents and kids can use Microsoft family features to build trust based on a shared understanding of what behaviors, websites, apps, games, physical locations, and spending is right in their family. Parents can create a family by going to https://account.microsoft.com/family (or by following the instructions on their Windows device or Xbox console) and inviting kids or other parents to join. There are many features available to family members, so please carefully review the information provided when you agree to create or join a family and when you purchase Digital Goods for family access. By creating or joining a family, you agree to use the family in accordance with its purpose and won’t use it in an unauthorized way to unlawfully gain access to another person’s information. </li> </ul>Top of pageGroup MessagingGroup Messaging<ul> <li>d. <strong>Group Messaging.</strong> Various Microsoft services allow you to send messages to others via voice or SMS ("messages"), and/or allow Microsoft and Microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf. WHEN YOU INSTRUCT MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES. "Administrative text messages" are periodic transactional messages from a particular Microsoft service, including but not limited to a "welcome message" or instructions on how to stop receiving messages. You or group members no longer wishing to receive such messages can opt-out of receiving further messages from Microsoft or Microsoft-controlled affiliates at any time by following the instructions provided. If you no longer wish to receive such messages or participate in the group, you agree that you will opt out through the instructions provided by the applicable program or service. If you have reason to believe that a group member no longer wishes to receive such messages or participate in the group, you agree to remove them from the group. You also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from US-based numbers. </li> </ul>Top of pageSkype and GroupMeSkype and GroupMe<ul> <li>e. <strong>Skype and GroupMe.</strong> <ul> <li>i. <strong>No Access to Emergency Services.</strong> There are important differences between traditional telephone services and Skype. Skype is not required to offer access to Emergency Services under any applicable local or national rules, regulations, or law. Skype’s software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points (<strong>"Emergency Services"</strong>). You acknowledge and agree that: (i) it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and (ii) Skype is not a replacement for your primary telephone service.</li> <li>ii. <strong>APIs or Broadcasting.</strong> If you want to use Skype in connection with any broadcast, you must comply with the "Broadcast TOS" at https://www.skype.com/legal/broadcast. If you want to use any application program interface (<strong>"API"</strong>) exposed or made available by Skype you must comply with the applicable licensing terms, which are available at www.skype.com/go/legal.</li> <li>iii. <strong>Fair Use Policies.</strong> Fair usage policies may apply to your use of Skype. Please review these policies which are designed to protect against fraud and abuse and may place limits on the type, duration or volume of calls or messages that you are able to make. These policies are incorporated in these Terms by reference. You can find these policies at: https://www.skype.com/en/legal/fair-usage/</li> <li>iv. <strong>Mapping.</strong> Skype contains features that allow you to submit information to, or plot yourself on a map using, a mapping service. By using those features, you agree to these Terms and the Google Maps terms available at https://www.google.com/intl/en_ALL/help/terms_maps.html.</li> <li>v. <strong>Government Users.</strong> If you wish to use a business account or Skype Manager on behalf of the U.S. Government or an agency of the U.S. Government, these Terms do not apply to that use. For applicable terms or further information, please contact usgovusers@skype.net.</li> <li>vi. <strong>Personal/Noncommercial Use.</strong> The use of Skype is for your personal and noncommercial use. You are permitted to use Skype at work for your own business communications.</li> <li>vii. <strong>Skype Number/Skype To Go.</strong> If Skype provides you with a Skype Number or Skype To Go number, you agree that you do not own the number or have a right to retain that number forever.</li> <li>viii. <strong>Skype Manager.</strong> A "Skype Manager Admin Account" is created and managed by you, acting as an individual administrator of a Skype Manager group and not as a business entity. You may link your individual Microsoft account to a Skype Manager group (<strong>"Linked Account"</strong>). You may appoint additional administrators to your Skype Manager group subject to their acceptance of these Terms. If you allocate Skype Numbers to a Linked Account, you are responsible for compliance with any requirements related to the residency or location of your Linked Account users. If you choose to unlink a Linked Account from a Skype Manager group, any allocated subscriptions, Skype Credit or Skype Numbers will not be retrievable and Your Content or material associated with the unlinked account will no longer be accessible by you. You agree to process any personal information of your Linked Account users in accordance with all applicable data protection laws.</li> <li>ix. <strong>Skype Charges.</strong> Skype paid products are sold to you by Skype Communications S.à.r.l, however the seller-of-record accountable for taxes is Skype Communications US Corporation. Taxes means the amount of taxes, regulatory fees, surcharges or other fees that we are required to collect from you and must pay to any United States (federal, state or local) or foreign government, agency, commission or quasi-governmental body as a result of our provision of Skype paid products to you. These taxes are listed at www.skype.com/go/ustax. All prices for Skype paid products are inclusive of a charge for your product and a charge for taxes, unless otherwise stated. The charges payable for calling phones outside of a subscription consist of a connection fee (charged once per call) and a per-minute rate as set out at www.skype.com/go/allrates. Call charges will be deducted from your Skype Credit balance. Skype may change its calling rates at any time by posting such change at www.skype.com/go/allrates. The new rate will apply to your next call after publication of the new rates. Please check the latest rates before you make your call. Fractional call minutes and fractional cent charges will be rounded up to the next whole unit.</li> <li>x. <strong>Skype Credit.</strong> Skype does not guarantee that you will be able to use your Skype Credit balance to purchase all Skype paid products. If you do not use your Skype Credit for a period of 180 days, Skype will place your Skype Credit on inactive status. You can reactivate the Skype Credit by following the reactivation link at https://www.skype.com/go/store.reactivate.credit. You can enable the Auto Recharge feature when you buy Skype Credit by ticking the appropriate box. If enabled, your Skype Credit balance will be recharged with the same amount and by your chosen payment method every time your Skype balance goes below the threshold set by Skype from time to time. If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your Skype Credit balance will be recharged with the amount necessary to purchase your next recurring subscription. You can disable Auto-Recharge at any time by accessing and changing your settings in your account portal in Skype. If your Microsoft Account is closed, for any reason, any unused Skype credit associated with your Microsoft account will be lost and cannot be retrieved. </li> <li>xi. <strong>International Message Fees.</strong> GroupMe currently uses US-based numbers for each group created. Every text message sent to or received from a GroupMe number will count as an international text message sent to or received from the United States. Please check with your provider for the associated international rates.</li> <li>xii. <strong>Send and receive money.</strong> By using the send and receive money feature (if available), you acknowledge that Skype uses third parties to provide payment services and effect transfers. Skype does not provide payment services or effect transfers and is not a money services business. Sending and receiving money on Skype may only be available to users who are 18 years old and over (or otherwise in accordance with the third parties’ terms) and who register and are approved for an account with the third party provider. To use the send money feature, you may be required to sign up to the third parties’ terms and conditions and to provide permissions to share data with these third parties for the purposes of providing the service. If Skype receives notice that your use of the send money feature violates a third party’s terms and conditions, Skype may have to take action against your account, such as cancelling or suspending your account. Skype, or Microsoft, will not be liable for payment services provided by third parties or any actions taken under third parties’ terms and conditions. Skype makes no guarantees, representations or warranties that the send and receive money feature will be available or continue to be available.</li> </ul> </li> </ul>Top of pageBing and MSNBing and MSN<ul> <li>f. <strong>Bing and MSN.</strong> <ul> <li>i. <strong>Bing and MSN Materials.</strong> The articles, text, photos, maps, videos, video players, and third-party material available on Bing and MSN, including through Microsoft bots, applications and programs, are for your noncommercial, personal use only. Other uses, including downloading, copying, or redistributing these materials, or using these materials or products to build your own products, are permitted only to the extent specifically authorized by Microsoft or rights holders, or allowed by applicable copyright law. Microsoft or other rights holders reserve all rights to the material not expressly granted by Microsoft under the license terms, whether by implication, estoppel, or otherwise. </li> <li>ii. <strong>Bing Maps.</strong> You may not use Bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia or Japan for governmental use without our separate written approval.</li> <li>iii. <strong>Bing Places and Bing Manufacturer Center.</strong> When you provide your Data or Your Content to Bing Places or Bing Manufacturer Center, you grant Microsoft a worldwide, royalty-free intellectual property license to use, reproduce, save, modify, aggregate, promote, transmit, display or distribute as part of a service, and sub-license those rights to third parties.</li> </ul> </li> </ul>Top of pageCortanaCortana<ul> <li>g. <strong>Cortana.</strong> <ul> <li>i. <strong>Personal Noncommercial Use.</strong> Cortana is Microsoft’s personal assistant Service. The features, services and content provided by Cortana (collectively <strong>"Cortana Services"</strong>) are only for your personal and noncommercial use. </li> <li>ii. <strong>Functionality and Content.</strong> Cortana provides a range of features, some of which are personalized. Cortana Services may allow you to access services, information or functionality provided by other Microsoft Services or Third-Party Apps and Services. The service-specific Terms of section 14 also apply to your use of applicable Microsoft Services accessed through Cortana Services. Cortana provides information for your planning purposes only and you should exercise your own independent judgment when reviewing and relying on this information. Microsoft does not guarantee the reliability, availability or timeliness of personalized experiences provided by Cortana. Microsoft is not responsible if a Cortana feature delays or prevents you from receiving, reviewing or sending a communication or notification, or obtaining a service.</li> <li>iii. <strong>Third-Party Apps and Services.</strong> As part of delivering the Cortana Services, Cortana may suggest and help you interact with Third-Party Apps and Services (third-party skills or connected services). If you choose, Cortana may exchange information with Third-Party Apps and Services, such as your zip code and queries and responses returned by the Third-Party App and Services, to help you obtain requested services. Cortana may enable you to make purchases through Third-Party Apps and Services using the account preferences and settings you have established directly with those Third-Party Apps and Services. You can disconnect your Cortana Service from Third-Party Apps and Services at any time. Your use of Cortana Services to connect with Third-Party Apps and Services is subject to section 5 of these Terms. Publishers of Third-Party Apps and Services may change or discontinue the functionality or features of their Third-Party Apps and Services or integration with Cortana Services. Microsoft is not responsible or liable for manufacturer provided software or firmware.</li> <li>iv. <strong>Cortana-Enabled Devices.</strong> Cortana-enabled devices are products or devices that are enabled to access Cortana Services, or products or devices that are compatible with Cortana Services. Cortana-enabled devices include third-party devices or products that Microsoft does not own, manufacture, or develop. Microsoft is not responsible or liable for these third-party devices or products.</li> <li>v. <strong>Software Updates.</strong> We may automatically check your version of Cortana Services software and download software updates or configuration change or require any manufacturers of Cortana enabled devices to keep the Cortana Services software up to date.</li> </ul> </li> </ul>Top of pageOutlook.comOutlook.com<ul> <li>h. <strong>Outlook.com.</strong> The Outlook.com (or @msn, @hotmail, or @live) email address that you use to create your Microsoft account will be unique to you for as long as your Outlook.com inbox or Microsoft account is still active. In the event your Outlook.com inbox or Microsoft account is closed either by you or by Microsoft pursuant to these Terms, the email address or username may be recycled into our system and assigned to another user.</li> </ul>Top of pageOffice ServicesOffice-based Services<ul> <li>i. <strong>Office Services.</strong> Office 365 Home, Office 365 Personal, Office 365 University, Office Online, Sway, OneNote.com and any other Office 365 subscription or Office-branded Services are for your personal, noncommercial use, unless you have commercial use rights under a separate agreement with Microsoft. </li> </ul>Top of pageMicrosoft Health ServicesMicrosoft Health Services<ul> <li>j. <strong>Microsoft Health Services.</strong> <ul> <li>i. <strong>HealthVault.</strong> HealthVault is intended for you to store your personal health-related information and information about other people (such as your family) with their consent. HealthVault accounts are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only. The HealthVault Service does not hold records for healthcare providers or other medical or case management purposes. For example, HealthVault records are not designated record sets as defined under U.S. regulations. If a healthcare provider decides to include any data made available from HealthVault in its records, it should store a copy in its own system. If there is a co-custodian of a record in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples' access to the record, and view the record's data including how and when the record is used. Microsoft does not support non-Microsoft credentials (such as Facebook and OpenID), so HealthVault customer support will not be able to help with sign-in issues for those. If you lose your sign-in credentials, or if the account where you got your credentials closes, you will not be able to recover your stored data. To help maintain continued access, we suggest you use more than one sign-in credential with your HealthVault account. Microsoft does not endorse or control, and is not responsible for, the operation, support, or security of non-Microsoft credentials you may use.</li> <li>ii. <strong>Microsoft Band.</strong> Microsoft Band device and application are not medical devices and are intended for fitness and wellness purposes only. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions. Microsoft is not responsible for any decision you make based on information you receive from Microsoft Band.</li> <li>iii. <strong>Health Bots.</strong> Health bots, which may include action plans, insights, reminders and other features, are not medical devices and are only intended for fitness and wellness purposes with a program issued by a care provider. They are not designed or intended as substitutes for professional medical advice or for use in the diagnosis, cure, mitigation, prevention, or treatment of disease or other conditions. You assume full responsibility for your use of health bots. Microsoft is not responsible for any decision you make based on information you receive from health bots. You should always consult a doctor with any questions you may have regarding a medical condition, diet, fitness, or wellness program before using health bots. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services. As with any technology, health bots may not work as intended for a variety of reasons including loss of power connectivity.</li> </ul> </li> </ul>Top of pageDigital GoodsDigital Goods<ul> <li>k. <strong>Digital Goods.</strong> Through Microsoft Groove, Microsoft Movies &amp. TV, Store and any other related and future services, Microsoft may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material (<strong>"Digital Goods"</strong>) that you may get in digital form. The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Microsoft or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law, and the Usage Rules located at https://go.microsoft.com/fwlink/p/?LinkId=723143. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Microsoft or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice. </li> </ul>Top of pageOneDriveOneDrive<ul> <li>l. <strong>OneDrive.</strong> <ul> <li>i. <strong>Storage Allocation.</strong> If you have more content stored in your OneDrive account than is provided to you under the terms of your free or paid subscription service for OneDrive and you do not respond to notice from Microsoft to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content on OneDrive.</li> <li>ii. <strong>Service Performance.</strong> Depending on factors such as your equipment, internet connection and Microsoft’s efforts to maintain the performance and integrity of its service, you may occasionally experience delays in uploading or syncing content on OneDrive.</li> </ul> </li> </ul>Top of pageMicrosoft RewardsMicrosoft Rewards<ul> <li>m. <strong>Microsoft Rewards.</strong> <ul> <li> i. Microsoft Rewards (the "<strong>Program</strong>") enables you to earn redeemable points for activities such as qualified searches, acquisitions, and other offers from Microsoft. Offers may vary by market. A search is the act of an individual user manually entering text for the good faith purpose of obtaining Bing search results for such user’s own research purposes and does not include any query entered by a bot, macro, or other automated or fraudulent means of any kind ("<strong>Search</strong>"). An acquisition is the process of purchasing goods or downloading and acquiring a license for digital content from Microsoft, whether free or paid ("<strong>Acquisition</strong>"). Rewards points are not offered for every purchase from Microsoft. Microsoft may offer additional opportunities to earn points from time to time, and each points-earning offer will not be available in perpetuity. Your earned points can be redeemed for items ("<strong>Rewards</strong>") in the redeem page. For more information see the Rewards section at support.microsoft.com ("<strong>FAQ</strong>"). <ul> <li>1. <em>Program Requirements.</em> You need a valid Microsoft account and your devices must meet the minimum system requirements. The Program is open to users who reside in the markets listed in the FAQ. Individuals can have no more than one Program account, even if an individual has multiple email addresses, and households are limited to six accounts. The Program is solely for your personal and noncommercial use.</li> <li>2. <em>Points.</em> Except for sharing points within your Microsoft family (limits may apply) or donating your points to a nonprofit organization listed in the redemption center, you cannot transfer points. Points are not your personal property, and you may not obtain any cash or money in exchange for them. Points are awarded to you on a promotional basis. You cannot purchase points. Microsoft may limit the quantity of points or Rewards per person, per household, or over a set period (e.g., a day) provided that you are not disadvantaged in breach of good faith. You may redeem no more than 550,000 points per calendar year in the Program. Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Microsoft or third parties. <strong>Unredeemed points expire if you do not earn or redeem any points for 18 months.</strong> </li> <li>3. <em>Rewards.</em> You may redeem your points by visiting the redeem page or you may contribute points to a listed nonprofit organization. There may be a limited number of a particular Reward available, and those Rewards will be delivered on a first-come, first-served basis. You may be required to provide additional information, like your mailing address and a telephone number (other than a VOIP or toll-free number), and you may also be asked to enter a fraud-prevention code or sign additional legal documents to redeem points for Rewards. Once you order a Reward, you cannot cancel it or return it for a refund of points except in the case of defective products or as required by applicable law. If you order a Reward that is out of stock or unavailable for other reasons, we may substitute a Reward of comparable value or refund your points. Microsoft may update the Rewards offered on the redeem page or discontinue offering specific Rewards. Some Rewards may have age eligibility requirements. Any such requirements will be included in the relevant offer. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward. Rewards will be emailed to the email address associated with your Microsoft account, so keep your email address up to date. Rewards that are undeliverable will not be reissued and are therefore forfeited. Rewards are not for resale.</li> <li>4. <em>Cancelling Your Participation in the Program.</em> Your Program account may be cancelled if you do not log in at least once in an 18-month period. Additionally, Microsoft reserves the right to cancel the Program account of a specific user for tampering with, abusing, or defrauding the Program, or for breach of these terms. Upon Program cancellation (by you or us) or if the Program is suspended, you will have 90 days to redeem your points. otherwise, those points will be forfeited. At the point of cancellation, your right to use the Program and accrue future points ends.</li> <li>5. <em>Other Conditions.</em> Microsoft reserves the right to disqualify you. disable your access to the Program or your Rewards account. and/or withhold points, Rewards and charitable contributions, if Microsoft believes you are tampering with or abusing any aspect of the Program or may be engaging in activities that violate these Terms.</li> </ul> </li> </ul> </li> </ul>Top of pageAzureAzure<ul> <li>n. <strong>Azure.</strong> Your use of the Azure service is governed by the terms and conditions of the separate agreement under which you obtained the services, as detailed at https://go.microsoft.com/fwLink/?LinkID=522330.</li> </ul>Top of pageBinding Arbitration and Class Action WaiverBinding Arbitration and Class Action Waiver<p>15. <strong>Binding Arbitration and Class Action Waiver If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States.</strong> We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to <strong>binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury</strong>. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. <strong>Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. </strong>"We," "our," and "us" includes Microsoft, Skype (see section 10) and Microsoft’s affiliates and, if you use Skype Pay by Mobile, your mobile phone carrier.</p> <ul> <li>a. <strong>Disputes Covered—Everything Except IP.</strong> The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Microsoft account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, <strong>except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights</strong>.</li> <li>b. <strong>Mail a Notice of Dispute First.</strong> If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to <strong>Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A.</strong> (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.</li> <li>c. <strong>Small Claims Court Option.</strong> Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements. </li> <li>d. <strong>Arbitration Procedure.</strong> The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.</li> <li>e. <strong>Arbitration Fees and Payments.</strong> <ul> <li>i. <strong>Disputes Involving $75,000 or Less.</strong> We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000. (ii) pay your reasonable attorney’s fees, if any. and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.</li> <li>ii. <strong>Disputes Involving More than $75,000.</strong> The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.</li> </ul> </li> <li>f. <strong>Conflict with AAA Rules.</strong> These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.</li> <li>g. <strong>Must File Within One Year.</strong> You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15(a)) within one year from when it first could be filed. Otherwise, it's permanently barred.</li> <li>h. <strong>Rejecting Future Arbitration Changes.</strong> You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 15(b). If you do, the most recent version of section 15 before the change you rejected will apply.</li> <li>i. <strong>Severability.</strong> If any part of section 15 (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, section 15 will be unenforceable in its entirety.</li> <li>j. <strong>Mobile Phone Carrier as Third-Party Beneficiary.</strong> If you use Skype Pay by Mobile, your mobile phone carrier is a third-party beneficiary of your agreement with Microsoft and Skype to resolve disputes through informal negotiation and arbitration. Your mobile phone carrier agrees to do everything Microsoft and Skype agree to do in section 15.</li> </ul>Top of pageMiscellaneousMiscellaneous<p>16. <strong>Miscellaneous.</strong> This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 15, 18 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreements between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Section 15(i) says what happens if parts of section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15(i) prevails over this section if inconsistent with it. Except for section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit. they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns.</p> <p>17. <strong>Export Laws.</strong> You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit https://go.microsoft.com/fwlink/?linkid=868968 and https://www.microsoft.com/exporting.</p> <p>18. <strong>Reservation of Rights and Feedback.</strong> Except as expressly provided under these Terms, Microsoft does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Microsoft or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Microsoft any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("<strong>Feedback</strong>"), you give to Microsoft, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Microsoft to license its software, technologies or documentation to any third party because Microsoft includes your Feedback in them. </p>Top of pageNOTICESNOTICES<p> <strong>Notices and procedure for making claims of intellectual property infringement.</strong> Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. <strong>ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.</strong> </p> <p>Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.</p> <p> <strong>Notices and procedures regarding intellectual property concerns in advertising.</strong> Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network.</p> <p> <strong>Copyright and trademark notices.</strong> The Services are copyright © 2018 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. The Terms incorporate Microsoft Trademark &amp. Brand Guidelines (as amended from time to time). Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either unregistered or registered trademarks of Microsoft in the United States and/or other countries. The following is a non-exhaustive list of Microsoft’s registered trademarks. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain Microsoft website 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 website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. </p> <p> <strong>Medical notice.</strong> Microsoft does not provide medical or any other health care advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness, or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.</p> <p> <strong>Stock quotes and index data (including index values).</strong> © 2013 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers. (2) may not be copied or distributed. and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.</p> <p>You may not use any of the Dow Jones Indexes<sup>SM</sup>, index data, or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing, or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones.</p> <p> <strong>Financial notice.</strong> Microsoft isn't a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including without limitation, investment or tax advice.</p> <p> <strong>Tax Notices.</strong> Please review our tax notification page (https://aka.ms/taxservice) for U.S. state and local sales/use tax information.</p> <p> <strong>Notice about the H.264/AVC, MPEG-4 Visual, and VC-1 Video Standards.</strong> The software may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:</p> <p>THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE.</p> <p>For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties.</p>Top of pageSTANDARD APPLICATION LICENSE TERMSSTANDARD APPLICATION LICENSE TERMS<p> <strong>STANDARD APPLICATION LICENSE TERMS<br>FOR APPLICATIONS OFFERED IN THE UNITED STATES</strong> </p> <p> <strong>MICROSOFT STORE, WINDOWS STORE, AND XBOX STORE</strong> </p> <p>These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Microsoft Store, the Windows Store or the Xbox Store (each of which is referred to in these license terms as the "<strong>Store</strong>"), including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.</p> <p> <strong>BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.</strong> </p> <p> <strong>The application publisher means the entity licensing the application to you, as identified in the Store.</strong> </p> <p> <strong>If you comply with these license terms, you have the rights below.</strong> </p> <ul> <li>1. <strong>INSTALLATION AND USE RIGHTS. EXPIRATION.</strong> You may install and use the application on Windows devices or Xbox consoles as described in Microsoft’s Usage Rules. Microsoft reserves the right to modify Microsoft’s Usage Rules at any time. </li> <li>2. <strong>INTERNET-BASED SERVICES.</strong> <ul> <li>a. <strong>Consent for Internet-based or wireless services.</strong> If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply.</li> <li>b. <strong>Misuse of Internet-based services.</strong> You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.</li> </ul> </li> <li>3. <strong>SCOPE OF LICENSE.</strong> The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated license rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not: <ul> <li>a. Work around any technical limitations in the application.</li> <li>b. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.</li> <li>c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.</li> <li>d. Publish or otherwise make the application available for others to copy.</li> <li>e. Rent, lease, or lend the application.</li> <li>f. Transfer the application or this agreement to any third party.</li> </ul> </li> <li>4. <strong>DOCUMENTATION.</strong> If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.</li> <li>5. <strong>TECHNOLOGY AND EXPORT RESTRICTIONS.</strong> The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use. For information on Microsoft branded products, go to the Microsoft exporting website.</li> <li>6. <strong>SUPPORT SERVICES.</strong> Contact the application publisher to determine if any support services are available. Microsoft, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.</li> <li>7. <strong>ENTIRE AGREEMENT.</strong> This agreement, any applicable privacy policy, any additional terms that accompany the application, and the terms for supplements and updates are the entire license agreement between you and application publisher for the application.</li> <li>8. <strong>APPLICABLE LAW.</strong> <ul> <li>a. <strong>United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.</strong> </li> <li>b. <strong>Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.</strong> </li> </ul> </li> <li>9. <strong>LEGAL EFFECT</strong>. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.</li> <li>10. <strong>DISCLAIMER OF WARRANTY. The application is licensed "as is," "with all faults," and "as available." You bear the entire risk as to its quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. The application publisher, on behalf of itself, Microsoft, wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents, and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application.</strong> </li> <li>11. <strong>LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from the application publisher.</strong> </li> </ul> <p> <strong>This limitation applies to:</strong> </p> <ul> <li> <strong>Anything related to the application or services made available through the application. and</strong> </li> <li> <strong>Claims for breach of contract, warranty, guarantee or condition. strict liability, negligence, or other tort. violation of a statute or regulation. unjust enrichment. or under any other theory. all to the extent permitted by applicable law.</strong> </li> </ul> <p> <strong>It also applies even if:</strong> </p> <ul> <li> <strong>This remedy doesn’t fully compensate you for any losses. or</strong> </li> <li> <strong>The application publisher knew or should have known about the possibility of the damages.</strong> </li> </ul>Top of pageCovered ServicesCovered Services<p>The following products, apps and services are covered by the Microsoft Services Agreement, but may not be available in your market.</p> <ul> <li>Account.microsoft.com</li> <li>Advertising.microsoft.com</li> <li>Ask Cortana</li> <li>Bing App for Android</li> <li>Bing Apps</li> <li>Bing Bots</li> <li>Bing Business Bot</li> <li>Bing Desktop</li> <li>Bing Dictionary</li> <li>Bing for Business</li> <li>Bing Image and News (iOS)</li> <li>Bing in the Classroom</li> <li>Bing Maps</li> <li>Bing Music Bot</li> <li>Bing Search APIs/SDKs</li> <li>Bing Search app</li> <li>Bing Sportscaster</li> <li>Bing Toolbar</li> <li>Bing Translator</li> <li>Bing Webmaster</li> <li>Bing Wikipedia Browser</li> <li>Bing.com</li> <li>Bing</li> <li>Bingplaces.com</li> <li>Citizen Next</li> <li>Cortana skills by Microsoft</li> <li>Cortana</li> <li>Default Homepage and New Tab Page on Microsoft Edge</li> <li>Dev Center App</li> <li>Device Health App</li> <li>Dictate</li> <li>Docs.com</li> <li>Education.minecraft.net</li> <li>Experts for PowerPoint (Preview)</li> <li>Face Swap</li> <li>Feedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”)</li> <li>Forms.microsoft.com</li> <li>Forzamotorsport.net</li> <li>Groove Music Pass</li> <li>Groove</li> <li>GroupMe</li> <li>HealthVault</li> <li>LineBack</li> <li>Manufacturers.bing.com</li> <li>Maps App</li> <li>Microsoft Academic</li> <li>Microsoft account</li> <li>Microsoft Add-Ins for Skype</li> <li>Microsoft Bots</li> <li>Microsoft Educator Community</li> <li>Microsoft Family</li> <li>Microsoft Health</li> <li>Microsoft Movies &amp. TV</li> <li>Microsoft Pay</li> <li>Microsoft Research Interactive Science</li> <li>Microsoft Research Open Data</li> <li>Microsoft Soundscape</li> <li>Microsoft Support and Recovery Assistant for Office 365</li> <li>Microsoft Translator</li> <li>Microsoft Wallpaper</li> <li>Microsoft XiaoIce</li> <li>Mixer</li> <li>MSN Dial Up</li> <li>MSN Explorer</li> <li>MSN Food &amp. Drink</li> <li>MSN Health &amp. Fitness</li> <li>MSN Money</li> <li>MSN News</li> <li>MSN Premium</li> <li>MSN Sports</li> <li>MSN Travel</li> <li>MSN Weather</li> <li>MSN.com</li> <li>Next Lock Screen</li> <li>Office 365 Consumer</li> <li>Office 365 Home</li> <li>Office 365 Personal</li> <li>Office 365 Pro Plus optional connected experiences</li> <li>Office 365 University</li> <li>Office for the web (formerly Office Online)</li> <li>Office Store</li> <li>Office Sway</li> <li>Office.com</li> <li>OneDrive.com</li> <li>OneDrive</li> <li>OneNote.com</li> <li>Outlook.com</li> <li>Paint 3D</li> <li>Picturesque Lock Screen</li> <li>Presentation Translator</li> <li>Remix 3D</li> <li>Rinna</li> <li>rise4fun</li> <li>Ruuh</li> <li>Seeing AI</li> <li>Send</li> <li>Skype in the Classroom</li> <li>Skype Interviews</li> <li>Skype Manager</li> <li>Skype Qik</li> <li>Skype.com</li> <li>Skype</li> <li>Smart Search</li> <li>Snip Insights</li> <li>Spreadsheet Keyboard</li> <li>Sprinkles</li> <li>Store</li> <li>Sway.com</li> <li>to-do.microsoft.com</li> <li>Translator for Microsoft Edge</li> <li>Translator Live</li> <li>UrWeather</li> <li>Video Breakdown</li> <li>Visio Online</li> <li>Web Translator</li> <li>Who’s In</li> <li>Windows games, apps and websites published by Microsoft</li> <li>Windows Movie Maker</li> <li>Windows Photo Gallery</li> <li>Windows Store</li> <li>Windows Live Mail</li> <li>Windows Live Writer</li> <li>Word Flow</li> <li>Xbox Game Pass</li> <li>Xbox Game Studios games, apps and websites</li> <li>Xbox Live Gold</li> <li>Xbox Live</li> <li>Xbox Music</li> <li>Xbox Store</li> <li>Zo</li> </ul>Top of pageYour PrivacyYour Privacy1_YourPrivacySummary<p>1. <strong>Your Privacy.</strong> Your privacy is important to us. Please read the Microsoft Privacy Statement (the "<strong>Privacy Statement</strong>") as it describes the types of data we collect from you and your devices ("<strong>Data</strong>"), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others. postings submitted by you to Microsoft via the Services. and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services ("<strong>Your Content</strong>"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement. </p>Full textYour ContentYour Content2_yourContentSummary<p>2. <strong>Your Content.</strong> Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.</p> <ul> <li>a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Microsoft cannot be held responsible for Your Content or the material others upload, store or share using the Services.</li> <li>b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how Microsoft personalizes advertising are available on the Security &amp. privacy page of the Microsoft account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.</li> </ul>Full textCode of ConductCode of Conduct3_codeOfConductSummary<p>3. <strong>Code of Conduct.</strong> </p> <ul> <li>a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:</li> <ul> <li>i. Don’t do anything illegal.</li> <li>ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.</li> <li>iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.</li> <li>iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).</li> <li>v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).</li> <li>vi. Don’t circumvent any restrictions on access to or availability of the Services.</li> <li>vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).</li> <li>viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).</li> <li>ix. Don’t engage in activity that violates the privacy of others.</li> <li>x. Don’t help others break these rules.</li> </ul> <li>b. <strong>Enforcement.</strong> If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.</li> <li>c. <strong>Application to Xbox Services.</strong> Click here for more information about how this Code of Conduct applies to Xbox Live, Xbox Game Pass, Games for Windows Live and Xbox Game Studios games, applications, services and content provided by Microsoft. Violation of the Code of Conduct through Xbox Services (defined in section 14(a)(i)) may result in suspensions or bans from participation in Xbox Services, including forfeiture of content licenses, Xbox Gold Membership time, and Microsoft account balances associated with the account.</li> </ul>Full textUsing the Services &amp. SupportUsing the Services &amp. Support4_usingTheServicesSupportSummary<p>4. <strong>Using the Services &amp. Support.</strong> </p> <ul> <li>a. <strong>Microsoft account.</strong> You’ll need a Microsoft account to access many of the Services. Your Microsoft account lets you sign in to products, websites and services provided by Microsoft and some Microsoft partners. <ul> <li>i. <strong>Creating an Account.</strong> You can create a Microsoft account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Microsoft account. In some cases, a third party, like your Internet service provider, may have assigned a Microsoft account to you. If you received your Microsoft account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Microsoft account. Please review any additional terms the third party provided you, as Microsoft has no responsibility regarding these additional terms. If you create a Microsoft account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Microsoft account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Microsoft account.</li> <li>ii. <strong>Account Use.</strong> You must use your Microsoft account to keep it active. This means you must sign in at least once in a two-year period to keep your Microsoft account, and associated Services, active, unless a longer period is provided in the Microsoft account activity policy at https://go.microsoft.com/fwlink/p/?linkid=2086738 or in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Microsoft account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Microsoft account. You must sign into your Outlook.com inbox and your OneDrive (separately) at least once in a one-year period, otherwise we will close your Outlook.com inbox and your OneDrive for you. You must sign into the Xbox Services at least once in a five-year period to keep the gamertag associated with your Microsoft account. If we reasonably suspect that your Microsoft account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), Microsoft may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Microsoft account, please visit this website: https://go.microsoft.com/fwlink/?LinkId=238656.</li> <li>iii. <strong>Kids and Accounts.</strong> By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a Microsoft account. If you are the parent or legal guardian of a minor who creates a Microsoft account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Microsoft account or Services, including purchases, whether the minor’s account is now open or created later.</li> <li>iv. <strong>Closing Your Account.</strong> <ul> <li>1. You can cancel specific Services or close your Microsoft account at any time and for any reason. To close your Microsoft account, please visit https://account.live.com/closeaccount.aspx. When you ask us to close your Microsoft account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Microsoft account will be closed. Please see section 4(a)(iv)(2) below for an explanation as to what happens when your Microsoft account is closed. Logging back in during that 60-day period will reactivate your Microsoft account.</li> <li>2. If your Microsoft account is closed (whether by you or us), a few things happen. First, your right to use the Microsoft account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your Microsoft account or will otherwise disassociate it from you and your Microsoft account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as Microsoft won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired. Fourth, we may temporarily prevent creation of an account associated with the email address you provided.</li> </ul> </li> </ul> </li> <li>b. <strong>Work or School Accounts.</strong> You can sign into certain Microsoft services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your Microsoft account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that Microsoft may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the Microsoft services may be subject to the agreements Microsoft has with you or your organization and these Terms may not apply. If you already have a Microsoft account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Microsoft account in order to continue accessing such Services. </li> <li>c. <strong>Additional Equipment/Data Plans.</strong> To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you. </li> <li>d. <strong>Service Notifications.</strong> When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your Microsoft account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). <strong>Data or messaging rates may apply when receiving notifications via SMS.</strong> </li> <li>e. <strong>Support.</strong> Customer support for some Services is available at https://support.microsoft.com. Certain Services may offer separate or additional customer support, subject to the terms available at www.microsoft.com/support-service-agreement, unless otherwise specified. Support may not be available for preview or beta versions of features or Services. </li> <li>f. <strong>Ending your Services.</strong> If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Microsoft account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your Microsoft account and have no other account able to access the Services your Services may be canceled immediately. </li> </ul>Full textUsing Third-Party Apps and ServicesUsing Third-Party Apps and Services5_usingThird-PartyAppsAndServicesSummary<p>5. <strong>Using Third-Party Apps and Services.</strong> The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t Microsoft) (<strong>"Third-Party Apps and Services"</strong>). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App or Service. See section 14(b) for additional terms for applications acquired through certain Stores owned or operated by Microsoft or its affiliates (including, but not limited to, the Office Store, the Microsoft Store on Xbox and the Microsoft Store on Windows). You should review the third-party terms and privacy policies before acquiring, using, requesting, or linking your Microsoft Account to any Third-Party Apps and Services. Any third-party terms do not modify any of these Terms. You are responsible for your dealings with third parties. Microsoft does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.</p>Full textService AvailabilityService Availability6_serviceAvailabilitySummary<p>6. <strong>Service Availability.</strong> </p> <ul> <li>a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Microsoft account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.</li> <li>b. We strive to keep the Services up and running. however, all online services suffer occasional disruptions and outages, and Microsoft is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.</li> </ul>Full textUpdates to the Services or Software, and Changes to These TermsUpdates to the Services or Software, and Changes to These Terms7_updatesToTheServicesOrSoftwareAndChangesToTheseTermsSummary<p>7. <strong>Updates to the Services or Software, and Changes to These Terms.</strong> </p> <ul> <li>a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Microsoft account and, if you are a parent or guardian, help your minor child close his or her Microsoft account.</li> <li>b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Microsoft isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.</li> <li>c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.</li> <li>d. So that you can use material protected with digital rights management (DRM), like some music, games, movies, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.</li> </ul>Full textSoftware LicenseSoftware License8_softwareLicenseSummary<p>8. <strong>Software License.</strong> Unless accompanied by a separate Microsoft license agreement (for example, if you are using a Microsoft application that is included with and a part of Windows, then the Microsoft Software License Terms for the Windows Operating System govern such software), any software provided by us to you as part of the Services is subject to these Terms. Applications acquired through certain Stores owned or operated by Microsoft or its affiliates (including, but not limited to the Office Store, Microsoft Store on Windows and Microsoft Store on Xbox) are subject to section 14(b)(i) below.</p> <ul> <li>a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Microsoft. Notices, if any, for the third-party code are included for your information only.</li> <li>b. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not: <ul> <li>i. circumvent or bypass any technological protection measures in or relating to the software or Services;</li> <li>ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;</li> <li>iii. separate components of the software or Services for use on different devices;</li> <li>iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Microsoft expressly authorizes you to do so;</li> <li>v. transfer the software, any software licenses, or any rights to access or use the Services;</li> <li>vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;</li> <li>vii. enable access to the Services or modify any Microsoft-authorized device (e.g., Xbox One, Xbox 360, Microsoft Surface, etc.) by unauthorized third-party applications.</li> </ul> </li> </ul>Full textPayment TermsPayment Terms9_paymentTermsSummary<p>9. <strong>Payment Terms.</strong> If you purchase a Service, then these payment terms apply to your purchase and you agree to them.</p> <ul> <li>a. <strong>Charges.</strong> If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for Skype paid products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Microsoft account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.</li> <li>b. <strong>Your Billing Account.</strong> To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Microsoft account management website and for Skype by signing into your account portal at https://skype.com/go/myaccount. Additionally, you agree to permit Microsoft to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.</li> <li>c. <strong>Billing.</strong> By providing Microsoft with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate. (ii) authorize Microsoft to charge you for the Services or available content using your payment method. and (iii) authorize Microsoft to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance. (b) at the time of purchase. (c) shortly after purchase. or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.</li> <li>d. <strong>Recurring Payments.</strong> When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Microsoft by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Microsoft. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Microsoft to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, <strong>"Electronic Payments"</strong>). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.</li> <li>e. <strong>Online Statement and Errors.</strong> Microsoft will provide you with an online billing statement on the Microsoft account management website, where you can view and print your statement. For Skype, you can access your online statement by signing into your account at www.skype.com. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Microsoft has identified a billing error, we will correct that error within 90 days.</li> <li>f. <strong>Refund Policy.</strong> Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Microsoft has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.</li> <li>g. <strong>Canceling the Services.</strong> You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the Microsoft account management website. You can request a refund from Skype using the Cancellation and Refund form. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation. (ii) you may be obligated to pay cancellation charges. (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation. and (iv) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.</li> <li>h. <strong>Trial-Period Offers.</strong> If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.</li> <li>i. <strong>Promotional Offers.</strong> From time to time, Microsoft may offer Services for a trial period during which Microsoft will not charge you for the Services. Microsoft reserves the right to charge you for such Services (at the normal rate) if Microsoft determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.</li> <li>j. <strong>Price Changes.</strong> We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.</li> <li>k. <strong>Payments to You.</strong> If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.</li> <li>l. <strong>Gift Cards.</strong> Redemption and use of gift cards (other than Skype gift cards) are governed by the Microsoft Gift Card Terms and Conditions. Information on Skype gift cards is available on Skype’s Help page.</li> <li>m. <strong>Bank Account Payment Method.</strong> You may register an eligible bank account with your Microsoft account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("<strong>ACH</strong>") entries, a European financial institution that supports Single Euro Payments Area ("<strong>SEPA</strong>") or "iDEAL" in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your Microsoft account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize Microsoft (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Microsoft account. Contact customer support as outlined above in section 4(e) as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.</li> </ul>Full textContracting Entity, Choice of Law, JurisdictionContracting Entity, Choice of Law, Jurisdiction10_11_contractingEntityChoiceOfLawSummary<p>10. <strong>Contracting Entity.</strong> For use of free and paid consumer Skype-branded Services, you're contracting with, and all references to “Microsoft” in these Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg. For all other Services, you're contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A.</p> <p>11. <strong>Choice of Law and Place to Resolve Disputes.</strong> If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).</p>Full textWarrantiesWarranties12_WarrantiesSummary<p> 12.<strong> Warranties. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.</strong> </p>Full textLimitation of LiabilityLimitation of Liability13_limitationOfLiabilitySummary<p> 13. <strong>Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive.</strong> These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.</p>Full textService-Specific TermsService-Specific Terms14_service-SpecificTermsSummary<p>14. <strong>Service-Specific Terms.</strong> The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.</p>Full textXbox Live and Xbox Game Studios Games and ApplicationsXbox Live and Xbox Game Studios Games and Applications14a_XboxLiveSummary<ul> <li>a. <strong>Xbox Live and Xbox Game Studios Games and Applications.</strong> <ul> <li>i. <strong>Personal Noncommercial Use.</strong> Xbox Live, Games for Windows Live and Xbox Game Studios games, applications, services and content provided by Microsoft (collectively, the "<strong>Xbox Services</strong>") are only for your personal and noncommercial use.</li> <li>ii. <strong>Xbox Services.</strong> When you sign up to Xbox Live and/or receive Xbox Services, information about your game play, activities and usage of games and Xbox Services will be tracked and shared with applicable third-party game developers in order for Microsoft and the third-party game developers to operate their games and to deliver the Xbox Services. If you choose to link your Microsoft Xbox Services account with your account on a non-Microsoft service (for example, a non-Microsoft game publisher of Third-Party Apps and Services), you agree that: (a) Microsoft may share limited account information (including without limitation gamertag, gamerscore, game score, game history, and friends list), with that non-Microsoft party as stated in the Microsoft Privacy Statement, and (b) if allowed by your Xbox privacy settings, the non-Microsoft party may also have access to Your Content from in-game communications when you are signed into your account with that non-Microsoft party. Also, if allowed by your Xbox privacy settings, Microsoft can publish your name, gamertag, gamerpic, motto, avatar, gameclips and games that you’ve played in communications to people you allow.</li> <li>iii. <strong>Your Content.</strong> As part of building the Xbox Services community, you grant to Microsoft, its affiliates and sublicensees a free and worldwide right to use, modify, reproduce, distribute, broadcast, share and display Your Content or your name, gamertag, motto, or avatar that you posted for any Xbox Services.</li> <li>iv. <strong>Game Managers.</strong> Some games may use game managers and hosts. Game managers and hosts are not authorized Microsoft spokespersons. Their views do not necessarily reflect those of Microsoft.</li> <li>v. <strong>Kids on Xbox.</strong> If you are a minor using Xbox Live, your parent or guardian may have control over many aspects of your account and may receive reports about your use of Xbox Live.</li> <li>vi. <strong>Game Currency or Virtual Goods.</strong> The Services may include a virtual, game currency (like gold, coins or points) that may be purchased from Microsoft using actual monetary instruments if you have reached the age of "majority" where you live. The Services may also include virtual, digital items or goods that may be purchased from Microsoft using actual monetary instruments or using game currency. Game currency and virtual goods may never be redeemed for actual monetary instruments, goods or other items of monetary value from Microsoft or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the game currency and virtual goods in the Services only, you have no right or title in or to any such game currency or virtual goods appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Microsoft may at any time regulate, control, modify and/or eliminate the game currency and/or virtual goods as it sees fit in its sole discretion.</li> <li>vii. <strong>Software Updates.</strong> For any device that can connect to Xbox Services, we may automatically check your version of Xbox console software or the Xbox app software and download Xbox console or Xbox app software updates or configuration changes, including those that prevent you from accessing the Xbox Services, using unauthorized Xbox games or Xbox apps, or using unauthorized hardware peripheral devices with an Xbox console.</li> <li>viii. <strong>Gamertag Expiration.</strong> You must sign into Xbox Services at least once in a five-year period, otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others.</li> <li>ix. <strong>Arena.</strong> Arena is an Xbox Service by which Microsoft or a third party may offer you the ability to participate in or create a competitive videogame contest, sometimes for a prize ("<strong>Contest</strong>"). Your use of Arena is subject to these Terms, and may require you to accept additional Contest terms, conditions and rules required by the Contest organizer at the time of signup ("<strong>Contest Terms</strong>"). Eligibility rules may apply, and may vary by jurisdiction. Contests are void where prohibited or restricted by law. Violation of these Terms (including the Code of Conduct) or Contest Terms may result in a penalty or disqualification from the Contest. If you create a Contest, you may not require any Contest Rules that Microsoft (in its sole discretion) deems inconsistent with these Terms. Microsoft reserves the right to cancel any Contest at any time. </li> <li>x. <strong>Cheating and Tampering Software.</strong> For any device that can connect to Xbox Services, we may automatically check your device for unauthorized hardware or software that enables cheating or tampering in violation of the Code of Conduct or these Terms, and download Xbox app software updates or configuration changes, including those that prevent you from accessing the Xbox Services, or from using unauthorized hardware or software that enables cheating or tampering.</li> <li>xi. <strong>Mixer.</strong> <ul> <li>1. <strong>Mixer Terms.</strong> If you use the Mixer Service then your use is covered by the Mixer Terms of Service available at https://mixer.com/about/tos in addition to these Terms. These Terms apply where there is conflict.</li> <li>2. <strong>Your Content on Mixer. "Your Content on Mixer"</strong> means all content you, or someone on your behalf, creates on the Mixer Service, including but not limited to live and recorded streams (and any content, like audiovisual content, they contain). brand names, trademarks, service marks, trade names, logos, or indicia of origin. your comments, emoticons, and activity in Mixer channels (including bot-generated content). and all related metadata. Anyone, including Microsoft and users, can see, use, host, reproduce, modify, distribute, publish, publicly and digitally perform and display, translate, adapt, and otherwise exploit Your Content on Mixer, in any form, format, media, or channels now known or later developed.</li> <li>3. <strong>Code of Conduct Applied to Mixer.</strong> Click here for more information about how Microsoft’s Code of Conduct applies to Mixer.</li> <li>4. <strong>Using the Mixer Service.</strong> <ul> <li>a. <em>Minimum Age.</em> By using the Mixer Service, you represent that you are at least 13 years old and, if you are under the age of majority where you live, your use is supervised by a parent or legal guardian. </li> <li>b. <em>Anonymous and Non-Anonymous Use.</em> You can use Mixer anonymously if you only want to view content. However, chatting, following channels, streaming, and other interactions require you to sign into an account, in which case the Mixer Service uses your existing Microsoft account. Otherwise, you need to create an account, sign-in, and will be identified to other users by your Mixer name.</li> <li>c. <em> Mixer Accounts and Third-Party Accounts.</em> Mixer offers the ability to sign in using a Mixer account or a third-party account (Twitter or Discord). If you use any of these accounts to sign in, you must associate the account with your Microsoft account.</li> <li>d. <em>Account Use.</em> If you use a Mixer account, you must use it to keep it active. Sign into the Mixer Service at least once in a five-year period to keep your Mixer alias associated with your Microsoft account.</li> </ul> </li> <li>5. <strong>Service Notifications.</strong> When there’s something we need to tell you about the Mixer Service, we’ll send you Service notifications to the email associated with your Mixer account and/or Microsoft account.</li> <li>6. <strong>Support.</strong> Customer support for the Mixer Service is available at mixer.com/contact.</li> </ul> </li> </ul> </li> </ul>Full textStoreStore14b_StoreSummary<ul> <li>b. <strong>Store.</strong> "Store" refers to a Service that allows you to browse, download, purchase, and rate and review applications (the term "application" includes games) and other digital content. These Terms cover use of certain Stores owned or operated by Microsoft or its affiliates (including, but not limited to, the Office Store, Microsoft Store on Xbox and Microsoft Store on Windows). <strong>"Office Store"</strong> means a Store for Office products and apps for Office, Office 365, SharePoint, Exchange, Access and Project (2013 versions or later), or any other experience that is branded Office Store. <strong>"Microsoft Store on Windows"</strong> means a Store, owned and operated by Microsoft or its affiliates, for Windows devices such as phone, PC and tablet, or any other experience that is branded Microsoft Store and accessible on Windows devices such as phone, PC, or tablet. <strong>"Microsoft Store on Xbox"</strong> means a Store owned and operated by Microsoft or its affiliates and made available on Xbox One or Xbox 360 consoles, or any other experience that is branded Microsoft Store and made available on an Xbox console. <ul> <li>i. <strong>License Terms.</strong> We will identify the publisher of each application available in the relevant Store. Unless different license terms are provided with the application, the Standard Application License Terms (<strong>"SALT"</strong>) at the end of these Terms are an agreement between you and the application publisher setting forth the license terms that apply to an application you download through any Store owned or operated by Microsoft or its affiliates (excluding the Office Store). For clarity, these Terms cover the use of, and services provided by, Microsoft Services. Section 5 of these Terms also applies to any Third-Party Apps and Services acquired through a Store. Applications downloaded through the Office Store are not governed by the SALT and have separate license terms that apply.</li> <li>ii. <strong>Updates.</strong> Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications. However, certain Office Store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update.</li> <li>iii. <strong>Ratings and Reviews.</strong> If you rate or review an application or other Digital Good in the Store, you may receive email from Microsoft containing content from the publisher of the application or Digital Good. Any such email comes from Microsoft. we do not share your email address with publishers of applications or other Digital Goods you acquire through the Store.</li> <li>iv. <strong>Safety Warning.</strong> To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.</li> </ul> </li> </ul>Full textMicrosoft Family FeaturesMicrosoft Family Features14c_MicrosoftFamilyFeaturesSummary<ul> <li>c. <strong>Microsoft Family Features.</strong> Parents and kids can use Microsoft family features to build trust based on a shared understanding of what behaviors, websites, apps, games, physical locations, and spending is right in their family. Parents can create a family by going to https://account.microsoft.com/family (or by following the instructions on their Windows device or Xbox console) and inviting kids or other parents to join. There are many features available to family members, so please carefully review the information provided when you agree to create or join a family and when you purchase Digital Goods for family access. By creating or joining a family, you agree to use the family in accordance with its purpose and won’t use it in an unauthorized way to unlawfully gain access to another person’s information. </li> </ul>Full textGroup MessagingGroup Messaging14d_GroupMessagingSummary<ul> <li>d. <strong>Group Messaging.</strong> Various Microsoft services allow you to send messages to others via voice or SMS ("messages"), and/or allow Microsoft and Microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf. WHEN YOU INSTRUCT MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES. "Administrative text messages" are periodic transactional messages from a particular Microsoft service, including but not limited to a "welcome message" or instructions on how to stop receiving messages. You or group members no longer wishing to receive such messages can opt-out of receiving further messages from Microsoft or Microsoft-controlled affiliates at any time by following the instructions provided. If you no longer wish to receive such messages or participate in the group, you agree that you will opt out through the instructions provided by the applicable program or service. If you have reason to believe that a group member no longer wishes to receive such messages or participate in the group, you agree to remove them from the group. You also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from US-based numbers. </li> </ul>Full textSkype and GroupMeSkype and GroupMe14e_SkypeSummary<ul> <li>e. <strong>Skype and GroupMe.</strong> <ul> <li>i. <strong>No Access to Emergency Services.</strong> There are important differences between traditional telephone services and Skype. Skype is not required to offer access to Emergency Services under any applicable local or national rules, regulations, or law. Skype’s software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points (<strong>"Emergency Services"</strong>). You acknowledge and agree that: (i) it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and (ii) Skype is not a replacement for your primary telephone service.</li> <li>ii. <strong>APIs or Broadcasting.</strong> If you want to use Skype in connection with any broadcast, you must comply with the "Broadcast TOS" at https://www.skype.com/legal/broadcast. If you want to use any application program interface (<strong>"API"</strong>) exposed or made available by Skype you must comply with the applicable licensing terms, which are available at www.skype.com/go/legal.</li> <li>iii. <strong>Fair Use Policies.</strong> Fair usage policies may apply to your use of Skype. Please review these policies which are designed to protect against fraud and abuse and may place limits on the type, duration or volume of calls or messages that you are able to make. These policies are incorporated in these Terms by reference. You can find these policies at: https://www.skype.com/en/legal/fair-usage/</li> <li>iv. <strong>Mapping.</strong> Skype contains features that allow you to submit information to, or plot yourself on a map using, a mapping service. By using those features, you agree to these Terms and the Google Maps terms available at https://www.google.com/intl/en_ALL/help/terms_maps.html.</li> <li>v. <strong>Government Users.</strong> If you wish to use a business account or Skype Manager on behalf of the U.S. Government or an agency of the U.S. Government, these Terms do not apply to that use. For applicable terms or further information, please contact usgovusers@skype.net.</li> <li>vi. <strong>Personal/Noncommercial Use.</strong> The use of Skype is for your personal and noncommercial use. You are permitted to use Skype at work for your own business communications.</li> <li>vii. <strong>Skype Number/Skype To Go.</strong> If Skype provides you with a Skype Number or Skype To Go number, you agree that you do not own the number or have a right to retain that number forever.</li> <li>viii. <strong>Skype Manager.</strong> A "Skype Manager Admin Account" is created and managed by you, acting as an individual administrator of a Skype Manager group and not as a business entity. You may link your individual Microsoft account to a Skype Manager group (<strong>"Linked Account"</strong>). You may appoint additional administrators to your Skype Manager group subject to their acceptance of these Terms. If you allocate Skype Numbers to a Linked Account, you are responsible for compliance with any requirements related to the residency or location of your Linked Account users. If you choose to unlink a Linked Account from a Skype Manager group, any allocated subscriptions, Skype Credit or Skype Numbers will not be retrievable and Your Content or material associated with the unlinked account will no longer be accessible by you. You agree to process any personal information of your Linked Account users in accordance with all applicable data protection laws.</li> <li>ix. <strong>Skype Charges.</strong> Skype paid products are sold to you by Skype Communications S.à.r.l, however the seller-of-record accountable for taxes is Skype Communications US Corporation. Taxes means the amount of taxes, regulatory fees, surcharges or other fees that we are required to collect from you and must pay to any United States (federal, state or local) or foreign government, agency, commission or quasi-governmental body as a result of our provision of Skype paid products to you. These taxes are listed at www.skype.com/go/ustax. All prices for Skype paid products are inclusive of a charge for your product and a charge for taxes, unless otherwise stated. The charges payable for calling phones outside of a subscription consist of a connection fee (charged once per call) and a per-minute rate as set out at www.skype.com/go/allrates. Call charges will be deducted from your Skype Credit balance. Skype may change its calling rates at any time by posting such change at www.skype.com/go/allrates. The new rate will apply to your next call after publication of the new rates. Please check the latest rates before you make your call. Fractional call minutes and fractional cent charges will be rounded up to the next whole unit.</li> <li>x. <strong>Skype Credit.</strong> Skype does not guarantee that you will be able to use your Skype Credit balance to purchase all Skype paid products. If you do not use your Skype Credit for a period of 180 days, Skype will place your Skype Credit on inactive status. You can reactivate the Skype Credit by following the reactivation link at https://www.skype.com/go/store.reactivate.credit. You can enable the Auto Recharge feature when you buy Skype Credit by ticking the appropriate box. If enabled, your Skype Credit balance will be recharged with the same amount and by your chosen payment method every time your Skype balance goes below the threshold set by Skype from time to time. If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your Skype Credit balance will be recharged with the amount necessary to purchase your next recurring subscription. You can disable Auto-Recharge at any time by accessing and changing your settings in your account portal in Skype. If your Microsoft Account is closed, for any reason, any unused Skype credit associated with your Microsoft account will be lost and cannot be retrieved. </li> <li>xi. <strong>International Message Fees.</strong> GroupMe currently uses US-based numbers for each group created. Every text message sent to or received from a GroupMe number will count as an international text message sent to or received from the United States. Please check with your provider for the associated international rates.</li> <li>xii. <strong>Send and receive money.</strong> By using the send and receive money feature (if available), you acknowledge that Skype uses third parties to provide payment services and effect transfers. Skype does not provide payment services or effect transfers and is not a money services business. Sending and receiving money on Skype may only be available to users who are 18 years old and over (or otherwise in accordance with the third parties’ terms) and who register and are approved for an account with the third party provider. To use the send money feature, you may be required to sign up to the third parties’ terms and conditions and to provide permissions to share data with these third parties for the purposes of providing the service. If Skype receives notice that your use of the send money feature violates a third party’s terms and conditions, Skype may have to take action against your account, such as cancelling or suspending your account. Skype, or Microsoft, will not be liable for payment services provided by third parties or any actions taken under third parties’ terms and conditions. Skype makes no guarantees, representations or warranties that the send and receive money feature will be available or continue to be available.</li> </ul> </li> </ul>Full textBing and MSNBing and MSN14f_BingandMSNSummary<ul> <li>f. <strong>Bing and MSN.</strong> <ul> <li>i. <strong>Bing and MSN Materials.</strong> The articles, text, photos, maps, videos, video players, and third-party material available on Bing and MSN, including through Microsoft bots, applications and programs, are for your noncommercial, personal use only. Other uses, including downloading, copying, or redistributing these materials, or using these materials or products to build your own products, are permitted only to the extent specifically authorized by Microsoft or rights holders, or allowed by applicable copyright law. Microsoft or other rights holders reserve all rights to the material not expressly granted by Microsoft under the license terms, whether by implication, estoppel, or otherwise. </li> <li>ii. <strong>Bing Maps.</strong> You may not use Bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia or Japan for governmental use without our separate written approval.</li> <li>iii. <strong>Bing Places and Bing Manufacturer Center.</strong> When you provide your Data or Your Content to Bing Places or Bing Manufacturer Center, you grant Microsoft a worldwide, royalty-free intellectual property license to use, reproduce, save, modify, aggregate, promote, transmit, display or distribute as part of a service, and sub-license those rights to third parties.</li> </ul> </li> </ul>Full textCortanaCortana14g_CortanaSummary<ul> <li>g. <strong>Cortana.</strong> <ul> <li>i. <strong>Personal Noncommercial Use.</strong> Cortana is Microsoft’s personal assistant Service. The features, services and content provided by Cortana (collectively <strong>"Cortana Services"</strong>) are only for your personal and noncommercial use. </li> <li>ii. <strong>Functionality and Content.</strong> Cortana provides a range of features, some of which are personalized. Cortana Services may allow you to access services, information or functionality provided by other Microsoft Services or Third-Party Apps and Services. The service-specific Terms of section 14 also apply to your use of applicable Microsoft Services accessed through Cortana Services. Cortana provides information for your planning purposes only and you should exercise your own independent judgment when reviewing and relying on this information. Microsoft does not guarantee the reliability, availability or timeliness of personalized experiences provided by Cortana. Microsoft is not responsible if a Cortana feature delays or prevents you from receiving, reviewing or sending a communication or notification, or obtaining a service.</li> <li>iii. <strong>Third-Party Apps and Services.</strong> As part of delivering the Cortana Services, Cortana may suggest and help you interact with Third-Party Apps and Services (third-party skills or connected services). If you choose, Cortana may exchange information with Third-Party Apps and Services, such as your zip code and queries and responses returned by the Third-Party App and Services, to help you obtain requested services. Cortana may enable you to make purchases through Third-Party Apps and Services using the account preferences and settings you have established directly with those Third-Party Apps and Services. You can disconnect your Cortana Service from Third-Party Apps and Services at any time. Your use of Cortana Services to connect with Third-Party Apps and Services is subject to section 5 of these Terms. Publishers of Third-Party Apps and Services may change or discontinue the functionality or features of their Third-Party Apps and Services or integration with Cortana Services. Microsoft is not responsible or liable for manufacturer provided software or firmware.</li> <li>iv. <strong>Cortana-Enabled Devices.</strong> Cortana-enabled devices are products or devices that are enabled to access Cortana Services, or products or devices that are compatible with Cortana Services. Cortana-enabled devices include third-party devices or products that Microsoft does not own, manufacture, or develop. Microsoft is not responsible or liable for these third-party devices or products.</li> <li>v. <strong>Software Updates.</strong> We may automatically check your version of Cortana Services software and download software updates or configuration change or require any manufacturers of Cortana enabled devices to keep the Cortana Services software up to date.</li> </ul> </li> </ul>Full textOutlook.comOutlook.com14h_Outlook_comSummary<ul> <li>h. <strong>Outlook.com.</strong> The Outlook.com (or @msn, @hotmail, or @live) email address that you use to create your Microsoft account will be unique to you for as long as your Outlook.com inbox or Microsoft account is still active. In the event your Outlook.com inbox or Microsoft account is closed either by you or by Microsoft pursuant to these Terms, the email address or username may be recycled into our system and assigned to another user.</li> </ul>Full textOffice ServicesOffice-based Services14i_officeBasedServicesSummary<ul> <li>i. <strong>Office Services.</strong> Office 365 Home, Office 365 Personal, Office 365 University, Office Online, Sway, OneNote.com and any other Office 365 subscription or Office-branded Services are for your personal, noncommercial use, unless you have commercial use rights under a separate agreement with Microsoft. </li> </ul>Full textMicrosoft Health ServicesMicrosoft Health Services14j_MicrosoftHealthServicesSummary<ul> <li>j. <strong>Microsoft Health Services.</strong> <ul> <li>i. <strong>HealthVault.</strong> HealthVault is intended for you to store your personal health-related information and information about other people (such as your family) with their consent. HealthVault accounts are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only. The HealthVault Service does not hold records for healthcare providers or other medical or case management purposes. For example, HealthVault records are not designated record sets as defined under U.S. regulations. If a healthcare provider decides to include any data made available from HealthVault in its records, it should store a copy in its own system. If there is a co-custodian of a record in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples' access to the record, and view the record's data including how and when the record is used. Microsoft does not support non-Microsoft credentials (such as Facebook and OpenID), so HealthVault customer support will not be able to help with sign-in issues for those. If you lose your sign-in credentials, or if the account where you got your credentials closes, you will not be able to recover your stored data. To help maintain continued access, we suggest you use more than one sign-in credential with your HealthVault account. Microsoft does not endorse or control, and is not responsible for, the operation, support, or security of non-Microsoft credentials you may use.</li> <li>ii. <strong>Microsoft Band.</strong> Microsoft Band device and application are not medical devices and are intended for fitness and wellness purposes only. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions. Microsoft is not responsible for any decision you make based on information you receive from Microsoft Band.</li> <li>iii. <strong>Health Bots.</strong> Health bots, which may include action plans, insights, reminders and other features, are not medical devices and are only intended for fitness and wellness purposes with a program issued by a care provider. They are not designed or intended as substitutes for professional medical advice or for use in the diagnosis, cure, mitigation, prevention, or treatment of disease or other conditions. You assume full responsibility for your use of health bots. Microsoft is not responsible for any decision you make based on information you receive from health bots. You should always consult a doctor with any questions you may have regarding a medical condition, diet, fitness, or wellness program before using health bots. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services. As with any technology, health bots may not work as intended for a variety of reasons including loss of power connectivity.</li> </ul> </li> </ul>Full textDigital GoodsDigital Goods14k_DigitalGoodsSummary<ul> <li>k. <strong>Digital Goods.</strong> Through Microsoft Groove, Microsoft Movies &amp. TV, Store and any other related and future services, Microsoft may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material (<strong>"Digital Goods"</strong>) that you may get in digital form. The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Microsoft or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law, and the Usage Rules located at https://go.microsoft.com/fwlink/p/?LinkId=723143. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Microsoft or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice. </li> </ul>Full textOneDriveOneDrive14l_OneDriveSummary<ul> <li>l. <strong>OneDrive.</strong> <ul> <li>i. <strong>Storage Allocation.</strong> If you have more content stored in your OneDrive account than is provided to you under the terms of your free or paid subscription service for OneDrive and you do not respond to notice from Microsoft to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content on OneDrive.</li> <li>ii. <strong>Service Performance.</strong> Depending on factors such as your equipment, internet connection and Microsoft’s efforts to maintain the performance and integrity of its service, you may occasionally experience delays in uploading or syncing content on OneDrive.</li> </ul> </li> </ul>Full textMicrosoft RewardsMicrosoft Rewards14m_MicrosoftRewardsSummary<ul> <li>m. <strong>Microsoft Rewards.</strong> <ul> <li> i. Microsoft Rewards (the "<strong>Program</strong>") enables you to earn redeemable points for activities such as qualified searches, acquisitions, and other offers from Microsoft. Offers may vary by market. A search is the act of an individual user manually entering text for the good faith purpose of obtaining Bing search results for such user’s own research purposes and does not include any query entered by a bot, macro, or other automated or fraudulent means of any kind ("<strong>Search</strong>"). An acquisition is the process of purchasing goods or downloading and acquiring a license for digital content from Microsoft, whether free or paid ("<strong>Acquisition</strong>"). Rewards points are not offered for every purchase from Microsoft. Microsoft may offer additional opportunities to earn points from time to time, and each points-earning offer will not be available in perpetuity. Your earned points can be redeemed for items ("<strong>Rewards</strong>") in the redeem page. For more information see the Rewards section at support.microsoft.com ("<strong>FAQ</strong>"). <ul> <li>1. <em>Program Requirements.</em> You need a valid Microsoft account and your devices must meet the minimum system requirements. The Program is open to users who reside in the markets listed in the FAQ. Individuals can have no more than one Program account, even if an individual has multiple email addresses, and households are limited to six accounts. The Program is solely for your personal and noncommercial use.</li> <li>2. <em>Points.</em> Except for sharing points within your Microsoft family (limits may apply) or donating your points to a nonprofit organization listed in the redemption center, you cannot transfer points. Points are not your personal property, and you may not obtain any cash or money in exchange for them. Points are awarded to you on a promotional basis. You cannot purchase points. Microsoft may limit the quantity of points or Rewards per person, per household, or over a set period (e.g., a day) provided that you are not disadvantaged in breach of good faith. You may redeem no more than 550,000 points per calendar year in the Program. Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Microsoft or third parties. <strong>Unredeemed points expire if you do not earn or redeem any points for 18 months.</strong> </li> <li>3. <em>Rewards.</em> You may redeem your points by visiting the redeem page or you may contribute points to a listed nonprofit organization. There may be a limited number of a particular Reward available, and those Rewards will be delivered on a first-come, first-served basis. You may be required to provide additional information, like your mailing address and a telephone number (other than a VOIP or toll-free number), and you may also be asked to enter a fraud-prevention code or sign additional legal documents to redeem points for Rewards. Once you order a Reward, you cannot cancel it or return it for a refund of points except in the case of defective products or as required by applicable law. If you order a Reward that is out of stock or unavailable for other reasons, we may substitute a Reward of comparable value or refund your points. Microsoft may update the Rewards offered on the redeem page or discontinue offering specific Rewards. Some Rewards may have age eligibility requirements. Any such requirements will be included in the relevant offer. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward. Rewards will be emailed to the email address associated with your Microsoft account, so keep your email address up to date. Rewards that are undeliverable will not be reissued and are therefore forfeited. Rewards are not for resale.</li> <li>4. <em>Cancelling Your Participation in the Program.</em> Your Program account may be cancelled if you do not log in at least once in an 18-month period. Additionally, Microsoft reserves the right to cancel the Program account of a specific user for tampering with, abusing, or defrauding the Program, or for breach of these terms. Upon Program cancellation (by you or us) or if the Program is suspended, you will have 90 days to redeem your points. otherwise, those points will be forfeited. At the point of cancellation, your right to use the Program and accrue future points ends.</li> <li>5. <em>Other Conditions.</em> Microsoft reserves the right to disqualify you. disable your access to the Program or your Rewards account. and/or withhold points, Rewards and charitable contributions, if Microsoft believes you are tampering with or abusing any aspect of the Program or may be engaging in activities that violate these Terms.</li> </ul> </li> </ul> </li> </ul>Full textAzureAzure14n_AzureSummary<ul> <li>n. <strong>Azure.</strong> Your use of the Azure service is governed by the terms and conditions of the separate agreement under which you obtained the services, as detailed at https://go.microsoft.com/fwLink/?LinkID=522330.</li> </ul>Full textBinding Arbitration and Class Action WaiverBinding Arbitration and Class Action Waiver15_bindingArbitrationSummary<p>15. <strong>Binding Arbitration and Class Action Waiver If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States.</strong> We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to <strong>binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury</strong>. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. <strong>Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. </strong>"We," "our," and "us" includes Microsoft, Skype (see section 10) and Microsoft’s affiliates and, if you use Skype Pay by Mobile, your mobile phone carrier.</p> <ul> <li>a. <strong>Disputes Covered—Everything Except IP.</strong> The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Microsoft account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, <strong>except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights</strong>.</li> <li>b. <strong>Mail a Notice of Dispute First.</strong> If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to <strong>Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A.</strong> (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.</li> <li>c. <strong>Small Claims Court Option.</strong> Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements. </li> <li>d. <strong>Arbitration Procedure.</strong> The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.</li> <li>e. <strong>Arbitration Fees and Payments.</strong> <ul> <li>i. <strong>Disputes Involving $75,000 or Less.</strong> We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000. (ii) pay your reasonable attorney’s fees, if any. and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.</li> <li>ii. <strong>Disputes Involving More than $75,000.</strong> The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.</li> </ul> </li> <li>f. <strong>Conflict with AAA Rules.</strong> These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.</li> <li>g. <strong>Must File Within One Year.</strong> You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15(a)) within one year from when it first could be filed. Otherwise, it's permanently barred.</li> <li>h. <strong>Rejecting Future Arbitration Changes.</strong> You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 15(b). If you do, the most recent version of section 15 before the change you rejected will apply.</li> <li>i. <strong>Severability.</strong> If any part of section 15 (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, section 15 will be unenforceable in its entirety.</li> <li>j. <strong>Mobile Phone Carrier as Third-Party Beneficiary.</strong> If you use Skype Pay by Mobile, your mobile phone carrier is a third-party beneficiary of your agreement with Microsoft and Skype to resolve disputes through informal negotiation and arbitration. Your mobile phone carrier agrees to do everything Microsoft and Skype agree to do in section 15.</li> </ul>Full textMiscellaneousMiscellaneous16_17_18_miscellaneousSummary<p>16. <strong>Miscellaneous.</strong> This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 15, 18 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreements between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Section 15(i) says what happens if parts of section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15(i) prevails over this section if inconsistent with it. Except for section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit. they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns.</p> <p>17. <strong>Export Laws.</strong> You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit https://go.microsoft.com/fwlink/?linkid=868968 and https://www.microsoft.com/exporting.</p> <p>18. <strong>Reservation of Rights and Feedback.</strong> Except as expressly provided under these Terms, Microsoft does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Microsoft or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Microsoft any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("<strong>Feedback</strong>"), you give to Microsoft, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Microsoft to license its software, technologies or documentation to any third party because Microsoft includes your Feedback in them. </p>Full textNOTICESNOTICESNOTICESSummary<p> <strong>Notices and procedure for making claims of intellectual property infringement.</strong> Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. <strong>ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.</strong> </p> <p>Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.</p> <p> <strong>Notices and procedures regarding intellectual property concerns in advertising.</strong> Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network.</p> <p> <strong>Copyright and trademark notices.</strong> The Services are copyright © 2018 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. The Terms incorporate Microsoft Trademark &amp. Brand Guidelines (as amended from time to time). Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either unregistered or registered trademarks of Microsoft in the United States and/or other countries. The following is a non-exhaustive list of Microsoft’s registered trademarks. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain Microsoft website 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 website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. </p> <p> <strong>Medical notice.</strong> Microsoft does not provide medical or any other health care advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness, or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.</p> <p> <strong>Stock quotes and index data (including index values).</strong> © 2013 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers. (2) may not be copied or distributed. and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.</p> <p>You may not use any of the Dow Jones Indexes<sup>SM</sup>, index data, or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing, or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones.</p> <p> <strong>Financial notice.</strong> Microsoft isn't a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including without limitation, investment or tax advice.</p> <p> <strong>Tax Notices.</strong> Please review our tax notification page (https://aka.ms/taxservice) for U.S. state and local sales/use tax information.</p> <p> <strong>Notice about the H.264/AVC, MPEG-4 Visual, and VC-1 Video Standards.</strong> The software may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice:</p> <p>THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE.</p> <p>For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties.</p>Full textSTANDARD APPLICATION LICENSE TERMSSTANDARD APPLICATION LICENSE TERMSSTANDARDAPPLICATIONLICENSETERMSSummary<p> <strong>STANDARD APPLICATION LICENSE TERMS<br>FOR APPLICATIONS OFFERED IN THE UNITED STATES</strong> </p> <p> <strong>MICROSOFT STORE, WINDOWS STORE, AND XBOX STORE</strong> </p> <p>These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Microsoft Store, the Windows Store or the Xbox Store (each of which is referred to in these license terms as the "<strong>Store</strong>"), including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.</p> <p> <strong>BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.</strong> </p> <p> <strong>The application publisher means the entity licensing the application to you, as identified in the Store.</strong> </p> <p> <strong>If you comply with these license terms, you have the rights below.</strong> </p> <ul> <li>1. <strong>INSTALLATION AND USE RIGHTS. EXPIRATION.</strong> You may install and use the application on Windows devices or Xbox consoles as described in Microsoft’s Usage Rules. Microsoft reserves the right to modify Microsoft’s Usage Rules at any time. </li> <li>2. <strong>INTERNET-BASED SERVICES.</strong> <ul> <li>a. <strong>Consent for Internet-based or wireless services.</strong> If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply.</li> <li>b. <strong>Misuse of Internet-based services.</strong> You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.</li> </ul> </li> <li>3. <strong>SCOPE OF LICENSE.</strong> The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated license rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not: <ul> <li>a. Work around any technical limitations in the application.</li> <li>b. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.</li> <li>c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.</li> <li>d. Publish or otherwise make the application available for others to copy.</li> <li>e. Rent, lease, or lend the application.</li> <li>f. Transfer the application or this agreement to any third party.</li> </ul> </li> <li>4. <strong>DOCUMENTATION.</strong> If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.</li> <li>5. <strong>TECHNOLOGY AND EXPORT RESTRICTIONS.</strong> The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use. For information on Microsoft branded products, go to the Microsoft exporting website.</li> <li>6. <strong>SUPPORT SERVICES.</strong> Contact the application publisher to determine if any support services are available. Microsoft, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.</li> <li>7. <strong>ENTIRE AGREEMENT.</strong> This agreement, any applicable privacy policy, any additional terms that accompany the application, and the terms for supplements and updates are the entire license agreement between you and application publisher for the application.</li> <li>8. <strong>APPLICABLE LAW.</strong> <ul> <li>a. <strong>United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.</strong> </li> <li>b. <strong>Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.</strong> </li> </ul> </li> <li>9. <strong>LEGAL EFFECT</strong>. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.</li> <li>10. <strong>DISCLAIMER OF WARRANTY. The application is licensed "as is," "with all faults," and "as available." You bear the entire risk as to its quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. The application publisher, on behalf of itself, Microsoft, wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents, and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application.</strong> </li> <li>11. <strong>LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from the application publisher.</strong> </li> </ul> <p> <strong>This limitation applies to:</strong> </p> <ul> <li> <strong>Anything related to the application or services made available through the application. and</strong> </li> <li> <strong>Claims for breach of contract, warranty, guarantee or condition. strict liability, negligence, or other tort. violation of a statute or regulation. unjust enrichment. or under any other theory. all to the extent permitted by applicable law.</strong> </li> </ul> <p> <strong>It also applies even if:</strong> </p> <ul> <li> <strong>This remedy doesn’t fully compensate you for any losses. or</strong> </li> <li> <strong>The application publisher knew or should have known about the possibility of the damages.</strong> </li> </ul>Full textCovered ServicesCovered ServicesserviceslistSummary<p>The following products, apps and services are covered by the Microsoft Services Agreement, but may not be available in your market.</p> <ul> <li>Account.microsoft.com</li> <li>Advertising.microsoft.com</li> <li>Ask Cortana</li> <li>Bing App for Android</li> <li>Bing Apps</li> <li>Bing Bots</li> <li>Bing Business Bot</li> <li>Bing Desktop</li> <li>Bing Dictionary</li> <li>Bing for Business</li> <li>Bing Image and News (iOS)</li> <li>Bing in the Classroom</li> <li>Bing Maps</li> <li>Bing Music Bot</li> <li>Bing Search APIs/SDKs</li> <li>Bing Search app</li> <li>Bing Sportscaster</li> <li>Bing Toolbar</li> <li>Bing Translator</li> <li>Bing Webmaster</li> <li>Bing Wikipedia Browser</li> <li>Bing.com</li> <li>Bing</li> <li>Bingplaces.com</li> <li>Citizen Next</li> <li>Cortana skills by Microsoft</li> <li>Cortana</li> <li>Default Homepage and New Tab Page on Microsoft Edge</li> <li>Dev Center App</li> <li>Device Health App</li> <li>Dictate</li> <li>Docs.com</li> <li>Education.minecraft.net</li> <li>Experts for PowerPoint (Preview)</li> <li>Face Swap</li> <li>Feedback Intake Tool for Azure Maps (aka “Azure Maps Feedback”)</li> <li>Forms.microsoft.com</li> <li>Forzamotorsport.net</li> <li>Groove Music Pass</li> <li>Groove</li> <li>GroupMe</li> <li>HealthVault</li> <li>LineBack</li> <li>Manufacturers.bing.com</li> <li>Maps App</li> <li>Microsoft Academic</li> <li>Microsoft account</li> <li>Microsoft Add-Ins for Skype</li> <li>Microsoft Bots</li> <li>Microsoft Educator Community</li> <li>Microsoft Family</li> <li>Microsoft Health</li> <li>Microsoft Movies &amp. TV</li> <li>Microsoft Pay</li> <li>Microsoft Research Interactive Science</li> <li>Microsoft Research Open Data</li> <li>Microsoft Soundscape</li> <li>Microsoft Support and Recovery Assistant for Office 365</li> <li>Microsoft Translator</li> <li>Microsoft Wallpaper</li> <li>Microsoft XiaoIce</li> <li>Mixer</li> <li>MSN Dial Up</li> <li>MSN Explorer</li> <li>MSN Food &amp. Drink</li> <li>MSN Health &amp. Fitness</li> <li>MSN Money</li> <li>MSN News</li> <li>MSN Premium</li> <li>MSN Sports</li> <li>MSN Travel</li> <li>MSN Weather</li> <li>MSN.com</li> <li>Next Lock Screen</li> <li>Office 365 Consumer</li> <li>Office 365 Home</li> <li>Office 365 Personal</li> <li>Office 365 Pro Plus optional connected experiences</li> <li>Office 365 University</li> <li>Office for the web (formerly Office Online)</li> <li>Office Store</li> <li>Office Sway</li> <li>Office.com</li> <li>OneDrive.com</li> <li>OneDrive</li> <li>OneNote.com</li> <li>Outlook.com</li> <li>Paint 3D</li> <li>Picturesque Lock Screen</li> <li>Presentation Translator</li> <li>Remix 3D</li> <li>Rinna</li> <li>rise4fun</li> <li>Ruuh</li> <li>Seeing AI</li> <li>Send</li> <li>Skype in the Classroom</li> <li>Skype Interviews</li> <li>Skype Manager</li> <li>Skype Qik</li> <li>Skype.com</li> <li>Skype</li> <li>Smart Search</li> <li>Snip Insights</li> <li>Spreadsheet Keyboard</li> <li>Sprinkles</li> <li>Store</li> <li>Sway.com</li> <li>to-do.microsoft.com</li> <li>Translator for Microsoft Edge</li> <li>Translator Live</li> <li>UrWeather</li> <li>Video Breakdown</li> <li>Visio Online</li> <li>Web Translator</li> <li>Who’s In</li> <li>Windows games, apps and websites published by Microsoft</li> <li>Windows Movie Maker</li> <li>Windows Photo Gallery</li> <li>Windows Store</li> <li>Windows Live Mail</li> <li>Windows Live Writer</li> <li>Word Flow</li> <li>Xbox Game Pass</li> <li>Xbox Game Studios games, apps and websites</li> <li>Xbox Live Gold</li> <li>Xbox Live</li> <li>Xbox Music</li> <li>Xbox Store</li> <li>Zo</li> </ul>Full textJuly 1, 20190Top of pageYour Privacy Your Content Code of Conduct Using the Services &amp. Support Using Third-Party Apps and Services Service Availability Updates to the Services or Software, and Changes to These Terms Software License Payment Terms Contracting Entity, Choice of Law, Jurisdiction Warranties Limitation of Liability Service-Specific Terms Xbox Live and Xbox Game Studios Games and Applications Store Microsoft Family Features Group Messaging Skype and GroupMe Bing and MSN Cortana Outlook.com Office-based Services Microsoft Health Services Digital Goods OneDrive Microsoft Rewards Azure Binding Arbitration and Class Action Waiver Miscellaneous NOTICES STANDARD APPLICATION LICENSE TERMS Covered Services What's new<ul> <li>Surface Pro 6</li> <li>Surface Laptop 2</li> <li>Surface Go</li> <li>Xbox One X</li> <li>Xbox One S</li> <li>VR &amp. mixed reality</li> <li>Windows 10 apps</li> <li>Office apps</li> </ul>Microsoft Store<ul> <li>Account profile</li> <li>Download Center</li> <li>Microsoft Store support</li> <li>Returns</li> <li>Order tracking</li> <li>Store locations</li> <li>Buy online, pick up in store</li> </ul>Education<ul> <li>Microsoft in education</li> <li>Office for students</li> <li>Office 365 for schools</li> <li>Deals for students &amp. parents</li> <li>Microsoft Azure in education</li> </ul>Enterprise<ul> <li>Azure</li> <li>AppSource </li> <li>Automotive</li> <li>Government</li> <li>Healthcare</li> <li>Manufacturing</li> <li>Financial services</li> <li>Retail</li> </ul>Developer<ul> <li>Microsoft Visual Studio</li> <li>Windows Dev Center</li> <li>Developer Network</li> <li>TechNet</li> <li>Microsoft developer program</li> <li>Channel 9</li> <li>Office Dev Center</li> <li>Microsoft Garage</li> </ul>Company<ul> <li>Careers</li> <li>About Microsoft</li> <li>Company news</li> <li>Privacy at Microsoft</li> <li>Investors</li> <li>Diversity and inclusion</li> <li>Accessibility</li> <li>Security</li> </ul>English (United States)<ul> <li>Contact us</li> <li>Privacy and cookies </li> <li>Terms of use</li> <li>Trademarks</li> <li>About our ads</li> <li>© Microsoft 2019</li> </ul> updated_at: - 2019-08-19 16:41:01.861875927 Z - 2019-08-19 16:41:19.096731415 Z
osnelson: 2019-08-19 16:41:01 UTC
--- id: - - 1810 name: - - 2019-08-30 Microsoft Services Agreement url: - - https://www.microsoft.com/en-us/servicesagreement/upcoming.aspx xpath: - - '' created_at: - - &1 2019-08-19 16:41:01.861875927 Z updated_at: - - *1 service_id: - - 1222 user_id: - - 4105
aluminiumtech: 2019-08-19 16:28:34 UTC
created
--- id: - - 7798 user_id: - - 749 title: - - This service assumes no responsibility and liability for the contents of links to other websites source: - - https://linustechtips.com/main/terms/ status: - - pending analysis: - - The registration terms state that "If you open any links posted by a user to an external website or Internet resource, you do so at your own risk." and "We accept no liability in the event that a user clicks a link that is found to be inappropriate, dangerous, malicious, or illegal; however, we will make efforts to remove links to hateful content, pornography, content that infringes upon the copyright of another party, or illegal content if such links are discovered. " created_at: - - &1 2019-08-19 16:28:34.512323036 Z updated_at: - - *1 service_id: - - 1796 case_id: - - 279
aluminiumtech: 2019-08-19 16:06:09 UTC
--- text: - - " <p>\n<strong>Copyright and Licensing</strong>\n</p>\n<p>\n<br> If you submit any of your own copyrighted content to linustechtips.com, you retain the rights to that content.\nHowever, you also grant linustechtips.com a royalty-free, perpetual, irrevocable, non-exclusive, and worldwide license to redistribute, reproduce, and publicly display said content, as well as to prepare derivative works and to grant others permission to do the same for any purpose in any medium.<br> &nbsp;<br> By submitting any content, you declare that you have the rights to do so and that you are not infringing upon the intellectual property rights of another party.<br> &nbsp;<br> You may not post links to external resources containing unauthorized copies of copyrighted material.<br> &nbsp;<br> Linustechtips.com reserves the right to suspend and/or ban the accounts of any person infringing upon the copyrights or any other intellectual property rights of another party.\nWe will remove any content deemed to be infringing.<br> &nbsp;<br>\n<strong>Free Speech</strong>\n<br> &nbsp;<br> We do not take responsibility for, endorse, or accept liability for any content submitted to linustechtips.com.\nAny opinions expressed by users do not necessarily reflect the views of linustechtips.com.<br> &nbsp;<br> Although we encourage the open exchange of information, ideas, and opinions on our forum, we reserve the right to remove or censor posts that are harassing or hateful, among other things, and to suspend and/or ban offending accounts.<br> &nbsp;<br>\n<strong>External Links</strong>\n<br> &nbsp;<br> If you open any links posted by a user to an external website or Internet resource, you do so at your own risk.\nLinustechtips.com cannot verify that links posted by users lead to safe or audience-appropriate content or resources.\nWe accept no liability in the event that a user clicks a link that is found to be inappropriate, dangerous, malicious, or illegal.\nhowever, we will make efforts to remove links to hateful content, pornography, content that infringes upon the copyright of another party, or illegal content if such links are discovered.\n</p>\n<p> &nbsp.\n</p>\n<p>\n<strong>DMCA</strong>\n<br> &nbsp;<br> If you find content on our forum that you in good faith believe infringes upon your copyright, or the copyright of a party you are authorized to represent, please send us a takedown notice at info@linusmediagroup.com.<br> &nbsp;<br> We ask that you consider whether the use of the content qualifies as fair use before submitting a takedown notice.\n</p>\n<p> &nbsp;<br> The notice must include:<br> -&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp.\nIdentification of the copyrighted work, including a URL where we can view an authorized copy of the work<br> -&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp.\nIdentification of the infringing material, including the URL where it is located<br> -&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp.\nYour contact information, including a mailing address, telephone number, and e-mail address.<br> -&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp.\nA statement that you have a good faith belief that the use is unauthorized, and a statement that either your rights are being infringed or that you are acting with authorization on behalf of another party whose rights are being infringed.<br> -&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp.\nYour electronic signature.\n</p> " updated_at: - 2019-08-19 16:06:00.917833354 Z - 2019-08-19 16:06:09.007068016 Z
aluminiumtech: 2019-08-19 16:06:00 UTC
--- id: - - 1809 name: - - Registration Terms url: - - https://linustechtips.com/main/terms/ xpath: - - //div[@ class="ipsBox_alt ipsType_normal ipsType_richText ipsPad"] created_at: - - &1 2019-08-19 16:06:00.917833354 Z updated_at: - - *1 service_id: - - 1796 user_id: - - 749
aluminiumtech: 2019-08-19 16:02:04 UTC
--- id: - 1806 - name: - Privacy Policy - url: - https://linustechtips.com/main/privacy/ - xpath: - '' - text: - "Jump to content <ul>\n<li>\n</li>\n</ul>\n<ul>\n<li>\n<i>\n</i>Home </li>\n</ul>\n<ul>\n<li>\n<i>\n</i> All Activity </li>\n</ul>\n<ul>\n<li>\n<i>\n</i> Home <i>\n</i>\n</li>\n<li> Privacy Policy </li>\n</ul> Privacy Policy Summary <p> In short, we collect information for the following purposes:\n</p>\n<ul>\n<li>\n<p> To display publicly, because that’s the whole point of a public forum </p>\n</li>\n<li>\n<p> To help us understand how the site is being used, so that we can make it better for you </p>\n</li>\n<li>\n<p> To assist with moderation, because nobody wants the site to be filled with spam and abuse </p>\n</li>\n<li>\n<p> If you opt in, to send you updates about what Linus Media Group Inc is up to </p>\n</li>\n</ul>\n<p> &nbsp.\n</p>\n<p> We do <strong>not</strong> use information that we store to target advertisements, although advertisements may be targeted to you based on information collected by our advertisement partners on other websites.\n</p>\n<p> &nbsp.\n</p>\n<p> We also do <strong>not</strong> share your information with third party companies, except where necessary to provide the services, as explained in section (3).\n</p> 1.\nDefinitions <p> This Privacy Policy covers how Linus Media Group Inc (“we” or “us”) collects information when you interact with websites, apps or other products (collectively, the “services”) that we operate, except those Services which provide a separate Privacy Policy.\n</p>\n<p> For the purpose of this document, “Staff Member” refers to any employee of Linus Media Group Inc, and its subsidiaries or related companies, as well as any authorized forum moderator or administrator.\n</p> 2.\nInformation We Collect Information You Provide <ul>\n<li>\n<strong>Information provided to create your account</strong>, including your email address and username, is required to be able to provide you with the services associated with an account.\nFor example, we require an email address so that we can send password reset emails.<br> This information may be shared with third parties when you register your account to check it against a database of known spammers.\nif your account later posts spam we may share this with the third party so that they can update their database.<br> If you give us consent to do so, we may also use your email address to send marketing emails, such as notifying you of a new service or YouTube channel.<br> You can update your username and email address in your account settings.\n<p> &nbsp.\n</p>\n</li>\n<li>\n<p>\n<strong>Information that you submit while using the services</strong>, such as forum posts, profile information, attachments and personal messages are displayed on the site.\nAll information that you submit, except personal messages or where explicitly stated, may be publicly displayed on the site, and will be associated with your username.\nAs the information is displayed publicly, we cannot control what third parties do with the information.\nIn particular, you must only submit personal information if you accept that it may become permanently shared with the public.<br> Personal messages are visible to the participants of the conversation.\nThey may also be accessed by a Staff Member if they have a reason to do so, such as if the post is reported by one of the participants.<br> You can edit content that you have submitted by clicking the edit button associated with that content.\nWe would prefer that content is not deleted, so that it can help other people in future, but if you would like your own content deleted you can request it by clicking the report button associated with that content.\n</p>\n</li>\n<li>\n<p>\n<strong>Information provided when purchasing goods or services from us</strong>, such as your legal name and billing address, may be shared with third party payment processors such as PayPal to facilitate your transaction, and will be used according to the privacy policy of that payment provider.\nWe also store this information to provide you with the goods or services if required, and to simplify the checkout process for you in future.\n</p>\n</li>\n</ul> Information We Collect Automatically <ul>\n<li>\n<p>\n<strong>Information about the requests that you make</strong>, such as the requested URL and the referring URL, including query strings but excluding request bodies.\nThis information is only accessible to authorized staff members, and is used for troubleshooting, identifying abuse and improving the site.\nUnless we need to keep an excerpt of the data to debug an issue further or to help us track down or eliminate abuse of the services, we delete these logs within 30 days.\n</p>\n</li>\n<li>\n<p>\n<strong>Information about your browser</strong>, such as IP addresses and user agent strings.\nIf you are not logged into the site, this information is held in the same way as the <em>information about requests that you make</em>.\nFor logged in members, we additionally store information about the IP addresses and browsers that you use for the purpose of identifying users who are violating our Terms of Service, such as by creating additional accounts after having been banned from the site.\n</p>\n</li>\n<li>\n<p>\n<strong>Location information</strong>, derived from your IP address, may be used to personalise your experience, such as by allowing us to pre-fill the country field during the checkout process.\n</p>\n</li>\n<li>\n<p>\n<strong>Information from Cookies</strong>, such as the account that you are currently logged into or your timezone, is used to personalise your experience on the site.\nYou can get more information about the cookies that we use, and how to opt out, in our Cookie Policy.\n</p>\n</li>\n</ul> Information We Receive From Other Sources <ul>\n<li>\n<p>\n<strong>Information received when you sign in with a third party service</strong> is specified by the third party when you connect your account, but may include your email address and name.\nYour email address is used as described in <em>information provided to create your account</em>, while your name, if available to us, is used to automatically fill in the username field.\n</p>\n</li>\n</ul> 3.\nInformation We Share <p> We do not sell, trade or rent your information to any third parties.\nHowever, in order to provide our services we have to share some of that information with third parties.\n</p>\n<ul>\n<li>\n<p>\n<strong>Cloudflare</strong> processes requests to our services before they reach our servers, to block malicious traffic and cache common resources to improve load times.\nAs a result, Cloudflare has access to everything that is sent to our services, and this information is used in accordance with their Privacy Policy.\nAt the time that this policy was last updated, they collect some information about the requests that you make in order to provide a better service, but they state that they will never sell your personal information, or use it for marketing.\n</p>\n</li>\n<li>\n<p>\n<strong>IPS, Inc</strong> provides a spam protection service, to which we may send your email address and/or IP address when you register for our services to check whether they are associated with known spammers.\nThis information is held according to their Privacy Policy.\n</p>\n</li>\n</ul>\n<p> &nbsp.\n</p>\n<p> We may also share information with subsidiaries or related companies of Linus Media Group Inc, in accordance with this privacy policy.\n</p>\n<p> &nbsp.\n</p>\n<p> If you consent, some information may also be disclosed to third party services that you connect with your forum account.\nThe information that will be shared with the third party service will be clearly displayed on the consent dialog.\n</p>\n<p> &nbsp.\n</p>\n<p> We reserve the right to share information that we collect with the appropriate law enforcement agencies, if we in good faith believe we are under legal obligation to do so or if we have reason to believe that failing to do so would endanger life or risk serious bodily harm.\nWe may also share limited information, such as IP addresses, timestamps and post content, with the abuse contact associated with an IP address, or another party that we reasonably believe should be notified, in the event of abuse of our services or violations of local or Canadian law.\n</p> 4.\nThird Party Content <p> This site may contain embedded content from other services, including (without limitation) YouTube, Twitter, Facebook and Reddit.\nWe do not share data with these services, but they may collect additional information about you, such as the videos that you watch which are embedded on this site but provided by their service.\nThe data that they collect is governed by their respective privacy policies, and is not covered by this policy.\n</p>\n<p> &nbsp.\n</p>\n<p> We use Google Analytics to help us analyse the use of our services, so that we can make them better.\nThis information is stored in accordance with Google’s Privacy Policy.\nYou can opt out of tracking by Google Analytics by installing their opt-out browser add-on.\n</p>\n<p> &nbsp.\n</p>\n<p> To protect against spam, we may use Google’s reCAPTCHA to check whether you are a bot.\nGoogle may store cookies and usage data, in accordance with their Privacy Policy.\n</p> 5.\nChildren Under 13 <p> To protect children under the age of 13 against the accidental sharing of personal information, we require visitors and members to be at least 13 years old in order to access or use our services, either as a guest or as a member.\n</p> 6.\nGoverning Laws <p> We are based in Canada, and your data is stored on our server in Canada, in accordance with Canadian data protection laws.\n</p> 7.\nDeleting Your Information <p> If you would like an individual post removed, you can report it and a member of staff can remove it for you.\n</p>\n<p> If you would like all information associated with your account removed, please contact a member of staff and they will sort it out for you.\nWhen your account is deleted, you can elect to leave the content that you have submitted publicly listed on the site, but dissociated from any account.\n</p>\n<p> &nbsp.\n</p>\n<p> Before requesting the removal of your information, please consider whether the information may be useful to other visitors in future.\n</p> Third Parties <strong>Google Analytics</strong> Google Analytics is a web analysis service provided by Google Inc.\n(“Google”).\nGoogle utilizes the Data collected to track and examine the use of this website, to prepare reports on its activities and share them with other Google services.\nPrivacy Policy <strong>Spam Defense</strong> The IPS Spam Defense Service passes the email address and IP address of the registering member to the service to determine the likelihood a registering account is a spam source.\nPrivacy Policy <strong>reCAPTCHA V2</strong> This site uses a CAPTCHA to ensure humans are performing certain actions.\nThe CAPTCHA provider may set a session cookie and get information about your internet browser and device accessing this website.\nPrivacy Policy <ul>\n<li>\n<i>\n</i> All Activity </li>\n</ul>\n<ul>\n<li>\n<i>\n</i> Home <i>\n</i>\n</li>\n<li> Privacy Policy </li>\n</ul> Amazon Banner Ads <ul>\n<li> Theme <i>\n</i>\n<ul>\n<li> Day Theme 2.1 (Default) </li>\n<li> Night Theme 2.1 </li>\n</ul>\n</li>\n<li>Privacy Policy</li>\n<li>Terms of Use</li>\n<li>Contact Us</li>\n</ul>\n<p> Linus Media Group Powered by Invision Community\n</p>\n<i>\n</i> " - created_at: - 2019-08-19 15:53:28.353500000 Z - updated_at: - 2019-08-19 15:54:06.944650000 Z - service_id: - 1796 - reviewed: - - user_id: - 749 -
aluminiumtech: 2019-08-19 16:01:49 UTC
--- id: - 1807 - name: - Privacy Policy - url: - https://linustechtips.com/main/privacy/ - xpath: - '"//div[@class="ipsBox_alt ipsType_normal ipsType_richText ipsPad"]"' - text: - '' - created_at: - 2019-08-19 16:00:05.967969000 Z - updated_at: - 2019-08-19 16:00:40.840860000 Z - service_id: - 1796 - reviewed: - - user_id: - 749 -
aluminiumtech: 2019-08-19 16:00:54 UTC
--- text: - - " Summary <p> In short, we collect information for the following purposes:\n</p>\n<ul>\n<li>\n<p> To display publicly, because that’s the whole point of a public forum </p>\n</li>\n<li>\n<p> To help us understand how the site is being used, so that we can make it better for you </p>\n</li>\n<li>\n<p> To assist with moderation, because nobody wants the site to be filled with spam and abuse </p>\n</li>\n<li>\n<p> If you opt in, to send you updates about what Linus Media Group Inc is up to </p>\n</li>\n</ul>\n<p> &nbsp.\n</p>\n<p> We do <strong>not</strong> use information that we store to target advertisements, although advertisements may be targeted to you based on information collected by our advertisement partners on other websites.\n</p>\n<p> &nbsp.\n</p>\n<p> We also do <strong>not</strong> share your information with third party companies, except where necessary to provide the services, as explained in section (3).\n</p> 1.\nDefinitions <p> This Privacy Policy covers how Linus Media Group Inc (“we” or “us”) collects information when you interact with websites, apps or other products (collectively, the “services”) that we operate, except those Services which provide a separate Privacy Policy.\n</p>\n<p> For the purpose of this document, “Staff Member” refers to any employee of Linus Media Group Inc, and its subsidiaries or related companies, as well as any authorized forum moderator or administrator.\n</p> 2.\nInformation We Collect Information You Provide <ul>\n<li>\n<strong>Information provided to create your account</strong>, including your email address and username, is required to be able to provide you with the services associated with an account.\nFor example, we require an email address so that we can send password reset emails.<br> This information may be shared with third parties when you register your account to check it against a database of known spammers.\nif your account later posts spam we may share this with the third party so that they can update their database.<br> If you give us consent to do so, we may also use your email address to send marketing emails, such as notifying you of a new service or YouTube channel.<br> You can update your username and email address in your account settings.\n<p> &nbsp.\n</p>\n</li>\n<li>\n<p>\n<strong>Information that you submit while using the services</strong>, such as forum posts, profile information, attachments and personal messages are displayed on the site.\nAll information that you submit, except personal messages or where explicitly stated, may be publicly displayed on the site, and will be associated with your username.\nAs the information is displayed publicly, we cannot control what third parties do with the information.\nIn particular, you must only submit personal information if you accept that it may become permanently shared with the public.<br> Personal messages are visible to the participants of the conversation.\nThey may also be accessed by a Staff Member if they have a reason to do so, such as if the post is reported by one of the participants.<br> You can edit content that you have submitted by clicking the edit button associated with that content.\nWe would prefer that content is not deleted, so that it can help other people in future, but if you would like your own content deleted you can request it by clicking the report button associated with that content.\n</p>\n</li>\n<li>\n<p>\n<strong>Information provided when purchasing goods or services from us</strong>, such as your legal name and billing address, may be shared with third party payment processors such as PayPal to facilitate your transaction, and will be used according to the privacy policy of that payment provider.\nWe also store this information to provide you with the goods or services if required, and to simplify the checkout process for you in future.\n</p>\n</li>\n</ul> Information We Collect Automatically <ul>\n<li>\n<p>\n<strong>Information about the requests that you make</strong>, such as the requested URL and the referring URL, including query strings but excluding request bodies.\nThis information is only accessible to authorized staff members, and is used for troubleshooting, identifying abuse and improving the site.\nUnless we need to keep an excerpt of the data to debug an issue further or to help us track down or eliminate abuse of the services, we delete these logs within 30 days.\n</p>\n</li>\n<li>\n<p>\n<strong>Information about your browser</strong>, such as IP addresses and user agent strings.\nIf you are not logged into the site, this information is held in the same way as the <em>information about requests that you make</em>.\nFor logged in members, we additionally store information about the IP addresses and browsers that you use for the purpose of identifying users who are violating our Terms of Service, such as by creating additional accounts after having been banned from the site.\n</p>\n</li>\n<li>\n<p>\n<strong>Location information</strong>, derived from your IP address, may be used to personalise your experience, such as by allowing us to pre-fill the country field during the checkout process.\n</p>\n</li>\n<li>\n<p>\n<strong>Information from Cookies</strong>, such as the account that you are currently logged into or your timezone, is used to personalise your experience on the site.\nYou can get more information about the cookies that we use, and how to opt out, in our Cookie Policy.\n</p>\n</li>\n</ul> Information We Receive From Other Sources <ul>\n<li>\n<p>\n<strong>Information received when you sign in with a third party service</strong> is specified by the third party when you connect your account, but may include your email address and name.\nYour email address is used as described in <em>information provided to create your account</em>, while your name, if available to us, is used to automatically fill in the username field.\n</p>\n</li>\n</ul> 3.\nInformation We Share <p> We do not sell, trade or rent your information to any third parties.\nHowever, in order to provide our services we have to share some of that information with third parties.\n</p>\n<ul>\n<li>\n<p>\n<strong>Cloudflare</strong> processes requests to our services before they reach our servers, to block malicious traffic and cache common resources to improve load times.\nAs a result, Cloudflare has access to everything that is sent to our services, and this information is used in accordance with their Privacy Policy.\nAt the time that this policy was last updated, they collect some information about the requests that you make in order to provide a better service, but they state that they will never sell your personal information, or use it for marketing.\n</p>\n</li>\n<li>\n<p>\n<strong>IPS, Inc</strong> provides a spam protection service, to which we may send your email address and/or IP address when you register for our services to check whether they are associated with known spammers.\nThis information is held according to their Privacy Policy.\n</p>\n</li>\n</ul>\n<p> &nbsp.\n</p>\n<p> We may also share information with subsidiaries or related companies of Linus Media Group Inc, in accordance with this privacy policy.\n</p>\n<p> &nbsp.\n</p>\n<p> If you consent, some information may also be disclosed to third party services that you connect with your forum account.\nThe information that will be shared with the third party service will be clearly displayed on the consent dialog.\n</p>\n<p> &nbsp.\n</p>\n<p> We reserve the right to share information that we collect with the appropriate law enforcement agencies, if we in good faith believe we are under legal obligation to do so or if we have reason to believe that failing to do so would endanger life or risk serious bodily harm.\nWe may also share limited information, such as IP addresses, timestamps and post content, with the abuse contact associated with an IP address, or another party that we reasonably believe should be notified, in the event of abuse of our services or violations of local or Canadian law.\n</p> 4.\nThird Party Content <p> This site may contain embedded content from other services, including (without limitation) YouTube, Twitter, Facebook and Reddit.\nWe do not share data with these services, but they may collect additional information about you, such as the videos that you watch which are embedded on this site but provided by their service.\nThe data that they collect is governed by their respective privacy policies, and is not covered by this policy.\n</p>\n<p> &nbsp.\n</p>\n<p> We use Google Analytics to help us analyse the use of our services, so that we can make them better.\nThis information is stored in accordance with Google’s Privacy Policy.\nYou can opt out of tracking by Google Analytics by installing their opt-out browser add-on.\n</p>\n<p> &nbsp.\n</p>\n<p> To protect against spam, we may use Google’s reCAPTCHA to check whether you are a bot.\nGoogle may store cookies and usage data, in accordance with their Privacy Policy.\n</p> 5.\nChildren Under 13 <p> To protect children under the age of 13 against the accidental sharing of personal information, we require visitors and members to be at least 13 years old in order to access or use our services, either as a guest or as a member.\n</p> 6.\nGoverning Laws <p> We are based in Canada, and your data is stored on our server in Canada, in accordance with Canadian data protection laws.\n</p> 7.\nDeleting Your Information <p> If you would like an individual post removed, you can report it and a member of staff can remove it for you.\n</p>\n<p> If you would like all information associated with your account removed, please contact a member of staff and they will sort it out for you.\nWhen your account is deleted, you can elect to leave the content that you have submitted publicly listed on the site, but dissociated from any account.\n</p>\n<p> &nbsp.\n</p>\n<p> Before requesting the removal of your information, please consider whether the information may be useful to other visitors in future.\n</p> Third Parties <strong>Google Analytics</strong> Google Analytics is a web analysis service provided by Google Inc.\n(“Google”).\nGoogle utilizes the Data collected to track and examine the use of this website, to prepare reports on its activities and share them with other Google services.\nPrivacy Policy <strong>Spam Defense</strong> The IPS Spam Defense Service passes the email address and IP address of the registering member to the service to determine the likelihood a registering account is a spam source.\nPrivacy Policy <strong>reCAPTCHA V2</strong> This site uses a CAPTCHA to ensure humans are performing certain actions.\nThe CAPTCHA provider may set a session cookie and get information about your internet browser and device accessing this website.\nPrivacy Policy " updated_at: - 2019-08-19 16:00:46.402998508 Z - 2019-08-19 16:00:54.781601338 Z
aluminiumtech: 2019-08-19 16:00:46 UTC
--- id: - - 1808 name: - - Privacy Policy url: - - https://linustechtips.com/main/privacy/ xpath: - - //div[@class="ipsBox_alt ipsType_normal ipsType_richText ipsPad"] created_at: - - &1 2019-08-19 16:00:46.402998508 Z updated_at: - - *1 service_id: - - 1796 user_id: - - 749
aluminiumtech: 2019-08-19 16:00:40 UTC
--- text: - - '' updated_at: - 2019-08-19 16:00:05.967969492 Z - 2019-08-19 16:00:40.840860712 Z
aluminiumtech: 2019-08-19 16:00:05 UTC
--- id: - - 1807 name: - - Privacy Policy url: - - https://linustechtips.com/main/privacy/ xpath: - - '"//div[@class="ipsBox_alt ipsType_normal ipsType_richText ipsPad"]"' created_at: - - &1 2019-08-19 16:00:05.967969492 Z updated_at: - - *1 service_id: - - 1796 user_id: - - 749
aluminiumtech: 2019-08-19 15:54:06 UTC
--- text: - - "Jump to content <ul>\n<li>\n</li>\n</ul>\n<ul>\n<li>\n<i>\n</i>Home </li>\n</ul>\n<ul>\n<li>\n<i>\n</i> All Activity </li>\n</ul>\n<ul>\n<li>\n<i>\n</i> Home <i>\n</i>\n</li>\n<li> Privacy Policy </li>\n</ul> Privacy Policy Summary <p> In short, we collect information for the following purposes:\n</p>\n<ul>\n<li>\n<p> To display publicly, because that’s the whole point of a public forum </p>\n</li>\n<li>\n<p> To help us understand how the site is being used, so that we can make it better for you </p>\n</li>\n<li>\n<p> To assist with moderation, because nobody wants the site to be filled with spam and abuse </p>\n</li>\n<li>\n<p> If you opt in, to send you updates about what Linus Media Group Inc is up to </p>\n</li>\n</ul>\n<p> &nbsp.\n</p>\n<p> We do <strong>not</strong> use information that we store to target advertisements, although advertisements may be targeted to you based on information collected by our advertisement partners on other websites.\n</p>\n<p> &nbsp.\n</p>\n<p> We also do <strong>not</strong> share your information with third party companies, except where necessary to provide the services, as explained in section (3).\n</p> 1.\nDefinitions <p> This Privacy Policy covers how Linus Media Group Inc (“we” or “us”) collects information when you interact with websites, apps or other products (collectively, the “services”) that we operate, except those Services which provide a separate Privacy Policy.\n</p>\n<p> For the purpose of this document, “Staff Member” refers to any employee of Linus Media Group Inc, and its subsidiaries or related companies, as well as any authorized forum moderator or administrator.\n</p> 2.\nInformation We Collect Information You Provide <ul>\n<li>\n<strong>Information provided to create your account</strong>, including your email address and username, is required to be able to provide you with the services associated with an account.\nFor example, we require an email address so that we can send password reset emails.<br> This information may be shared with third parties when you register your account to check it against a database of known spammers.\nif your account later posts spam we may share this with the third party so that they can update their database.<br> If you give us consent to do so, we may also use your email address to send marketing emails, such as notifying you of a new service or YouTube channel.<br> You can update your username and email address in your account settings.\n<p> &nbsp.\n</p>\n</li>\n<li>\n<p>\n<strong>Information that you submit while using the services</strong>, such as forum posts, profile information, attachments and personal messages are displayed on the site.\nAll information that you submit, except personal messages or where explicitly stated, may be publicly displayed on the site, and will be associated with your username.\nAs the information is displayed publicly, we cannot control what third parties do with the information.\nIn particular, you must only submit personal information if you accept that it may become permanently shared with the public.<br> Personal messages are visible to the participants of the conversation.\nThey may also be accessed by a Staff Member if they have a reason to do so, such as if the post is reported by one of the participants.<br> You can edit content that you have submitted by clicking the edit button associated with that content.\nWe would prefer that content is not deleted, so that it can help other people in future, but if you would like your own content deleted you can request it by clicking the report button associated with that content.\n</p>\n</li>\n<li>\n<p>\n<strong>Information provided when purchasing goods or services from us</strong>, such as your legal name and billing address, may be shared with third party payment processors such as PayPal to facilitate your transaction, and will be used according to the privacy policy of that payment provider.\nWe also store this information to provide you with the goods or services if required, and to simplify the checkout process for you in future.\n</p>\n</li>\n</ul> Information We Collect Automatically <ul>\n<li>\n<p>\n<strong>Information about the requests that you make</strong>, such as the requested URL and the referring URL, including query strings but excluding request bodies.\nThis information is only accessible to authorized staff members, and is used for troubleshooting, identifying abuse and improving the site.\nUnless we need to keep an excerpt of the data to debug an issue further or to help us track down or eliminate abuse of the services, we delete these logs within 30 days.\n</p>\n</li>\n<li>\n<p>\n<strong>Information about your browser</strong>, such as IP addresses and user agent strings.\nIf you are not logged into the site, this information is held in the same way as the <em>information about requests that you make</em>.\nFor logged in members, we additionally store information about the IP addresses and browsers that you use for the purpose of identifying users who are violating our Terms of Service, such as by creating additional accounts after having been banned from the site.\n</p>\n</li>\n<li>\n<p>\n<strong>Location information</strong>, derived from your IP address, may be used to personalise your experience, such as by allowing us to pre-fill the country field during the checkout process.\n</p>\n</li>\n<li>\n<p>\n<strong>Information from Cookies</strong>, such as the account that you are currently logged into or your timezone, is used to personalise your experience on the site.\nYou can get more information about the cookies that we use, and how to opt out, in our Cookie Policy.\n</p>\n</li>\n</ul> Information We Receive From Other Sources <ul>\n<li>\n<p>\n<strong>Information received when you sign in with a third party service</strong> is specified by the third party when you connect your account, but may include your email address and name.\nYour email address is used as described in <em>information provided to create your account</em>, while your name, if available to us, is used to automatically fill in the username field.\n</p>\n</li>\n</ul> 3.\nInformation We Share <p> We do not sell, trade or rent your information to any third parties.\nHowever, in order to provide our services we have to share some of that information with third parties.\n</p>\n<ul>\n<li>\n<p>\n<strong>Cloudflare</strong> processes requests to our services before they reach our servers, to block malicious traffic and cache common resources to improve load times.\nAs a result, Cloudflare has access to everything that is sent to our services, and this information is used in accordance with their Privacy Policy.\nAt the time that this policy was last updated, they collect some information about the requests that you make in order to provide a better service, but they state that they will never sell your personal information, or use it for marketing.\n</p>\n</li>\n<li>\n<p>\n<strong>IPS, Inc</strong> provides a spam protection service, to which we may send your email address and/or IP address when you register for our services to check whether they are associated with known spammers.\nThis information is held according to their Privacy Policy.\n</p>\n</li>\n</ul>\n<p> &nbsp.\n</p>\n<p> We may also share information with subsidiaries or related companies of Linus Media Group Inc, in accordance with this privacy policy.\n</p>\n<p> &nbsp.\n</p>\n<p> If you consent, some information may also be disclosed to third party services that you connect with your forum account.\nThe information that will be shared with the third party service will be clearly displayed on the consent dialog.\n</p>\n<p> &nbsp.\n</p>\n<p> We reserve the right to share information that we collect with the appropriate law enforcement agencies, if we in good faith believe we are under legal obligation to do so or if we have reason to believe that failing to do so would endanger life or risk serious bodily harm.\nWe may also share limited information, such as IP addresses, timestamps and post content, with the abuse contact associated with an IP address, or another party that we reasonably believe should be notified, in the event of abuse of our services or violations of local or Canadian law.\n</p> 4.\nThird Party Content <p> This site may contain embedded content from other services, including (without limitation) YouTube, Twitter, Facebook and Reddit.\nWe do not share data with these services, but they may collect additional information about you, such as the videos that you watch which are embedded on this site but provided by their service.\nThe data that they collect is governed by their respective privacy policies, and is not covered by this policy.\n</p>\n<p> &nbsp.\n</p>\n<p> We use Google Analytics to help us analyse the use of our services, so that we can make them better.\nThis information is stored in accordance with Google’s Privacy Policy.\nYou can opt out of tracking by Google Analytics by installing their opt-out browser add-on.\n</p>\n<p> &nbsp.\n</p>\n<p> To protect against spam, we may use Google’s reCAPTCHA to check whether you are a bot.\nGoogle may store cookies and usage data, in accordance with their Privacy Policy.\n</p> 5.\nChildren Under 13 <p> To protect children under the age of 13 against the accidental sharing of personal information, we require visitors and members to be at least 13 years old in order to access or use our services, either as a guest or as a member.\n</p> 6.\nGoverning Laws <p> We are based in Canada, and your data is stored on our server in Canada, in accordance with Canadian data protection laws.\n</p> 7.\nDeleting Your Information <p> If you would like an individual post removed, you can report it and a member of staff can remove it for you.\n</p>\n<p> If you would like all information associated with your account removed, please contact a member of staff and they will sort it out for you.\nWhen your account is deleted, you can elect to leave the content that you have submitted publicly listed on the site, but dissociated from any account.\n</p>\n<p> &nbsp.\n</p>\n<p> Before requesting the removal of your information, please consider whether the information may be useful to other visitors in future.\n</p> Third Parties <strong>Google Analytics</strong> Google Analytics is a web analysis service provided by Google Inc.\n(“Google”).\nGoogle utilizes the Data collected to track and examine the use of this website, to prepare reports on its activities and share them with other Google services.\nPrivacy Policy <strong>Spam Defense</strong> The IPS Spam Defense Service passes the email address and IP address of the registering member to the service to determine the likelihood a registering account is a spam source.\nPrivacy Policy <strong>reCAPTCHA V2</strong> This site uses a CAPTCHA to ensure humans are performing certain actions.\nThe CAPTCHA provider may set a session cookie and get information about your internet browser and device accessing this website.\nPrivacy Policy <ul>\n<li>\n<i>\n</i> All Activity </li>\n</ul>\n<ul>\n<li>\n<i>\n</i> Home <i>\n</i>\n</li>\n<li> Privacy Policy </li>\n</ul> Amazon Banner Ads <ul>\n<li> Theme <i>\n</i>\n<ul>\n<li> Day Theme 2.1 (Default) </li>\n<li> Night Theme 2.1 </li>\n</ul>\n</li>\n<li>Privacy Policy</li>\n<li>Terms of Use</li>\n<li>Contact Us</li>\n</ul>\n<p> Linus Media Group Powered by Invision Community\n</p>\n<i>\n</i> " updated_at: - 2019-08-19 15:53:28.353500276 Z - 2019-08-19 15:54:06.944650134 Z
aluminiumtech: 2019-08-19 15:53:28 UTC
--- id: - - 1806 name: - - Privacy Policy url: - - https://linustechtips.com/main/privacy/ xpath: - - '' created_at: - - &1 2019-08-19 15:53:28.353500276 Z updated_at: - - *1 service_id: - - 1796 user_id: - - 749
aluminiumtech: 2019-08-19 15:51:47 UTC
--- id: - - 1796 name: - - LinusTechTips.com url: - - linustechtips.com created_at: - - &1 2019-08-19 15:51:47.341219885 Z updated_at: - - *1 wikipedia: - - '' user_id: - - 749
Peepo: 2019-08-19 02:52:42 UTC
created
--- id: - - 7797 user_id: - - 2527 title: - - User logs are deleted after a finite period of time source: - - https://www.windowslogic.co.uk/privacypolicy.php status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-19 02:52:42.215136985 Z updated_at: - - *1 service_id: - - 600 quoteText: - - | Your Rights <p>When contacting us or sending a form on our site, as appropriate, you may be asked to enter your name, email address and other details to help you with your experience, this data is recorded and sent to us but is deleted after it has been read and/or dealt with and kept for no more than a maximum of 30 days if specified.</p> case_id: - - 177 quoteStart: - - 764 quoteEnd: - - 1106 document_id: - - 450
Peepo: 2019-08-19 02:51:14 UTC
created
--- id: - - 7796 user_id: - - 2527 title: - - Blocking cookies may limit your ability to use the service source: - - https://www.windowslogic.co.uk/privacypolicy.php status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-19 02:51:14.852189144 Z updated_at: - - *1 service_id: - - 600 quoteText: - - If you disable cookies, some features will be disabled that make your site experience more efficient and some of our services will not function properly. case_id: - - 375 quoteStart: - - 2825 quoteEnd: - - 2978 document_id: - - 450
Peepo: 2019-08-19 02:50:18 UTC
created
--- id: - - 7795 user_id: - - 2527 title: - - You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service source: - - https://www.windowslogic.co.uk/termsofservice.php status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-19 02:50:18.290707213 Z updated_at: - - *1 service_id: - - 600 quoteText: - - You agree to defend, indemnify, and hold harmless WindowsLogic Productions, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.</p> case_id: - - 146 quoteStart: - - 4800 quoteEnd: - - 5192 document_id: - - 449
RJWaring: 2019-08-18 11:42:18 UTC
--- id: - - 1795 name: - - RJWaring url: - - RJWARING.COM created_at: - - &1 2019-08-18 11:42:18.411165923 Z updated_at: - - *1 wikipedia: - - '' user_id: - - 4091
frey: 2019-08-18 09:02:30 UTC
--- text: - - " <i>\n</i>\n<ul>\n<li>\n</li>\n</ul> Datenschutz <p>\n</p>Haftung für Inhalte Die Inhalte unserer Seiten wurden mit grösster Sorgfalt erstellt.\nFür die Richtigkeit, Vollständigkeit und Aktualität der Inhalte können wir jedoch keine Gewähr übernehmen.\nAls Diensteanbieter sind wir für eigene Inhalte auf diesen Seiten nach den allgemeinen Gesetzen verantwortlich.\nAls Diensteanbieter sind wir jedoch nicht verpflichtet, übermittelte oder gespeicherte fremde Informationen zu überwachen oder nach Umständen zu forschen, die auf eine rechtswidrige Tätigkeit hinweisen.\nVerpflichtungen zur Entfernung oder Sperrung der Nutzung von Informationen nach den allgemeinen Gesetzen bleiben hiervon unberührt.\nEine diesbezügliche Haftung ist jedoch erst ab dem Zeitpunkt der Kenntnis einer konkreten Rechtsverletzung möglich.\nBei Bekanntwerden von entsprechenden Rechtsverletzungen werden wir diese Inhalte umgehend entfernen.<br>\n<br> Haftung für Links Unser Angebot enthält Links zu externen Webseiten Dritter, auf deren Inhalte wir keinen Einfluss haben.\nDeshalb können wir für diese fremden Inhalte auch keine Gewähr übernehmen.\nFür die Inhalte der verlinkten Seiten ist stets der jeweilige Anbieter oder Betreiber der Seiten verantwortlich.\nDie verlinkten Seiten wurden zum Zeitpunkt der Verlinkung auf mögliche Rechtsverstösse überprüft.\nRechtswidrige Inhalte waren zum Zeitpunkt der Verlinkung nicht erkennbar.\nEine permanente inhaltliche Kontrolle der verlinkten Seiten ist jedoch ohne konkrete Anhaltspunkte einer Rechtsverletzung nicht zumutbar.\nBei Bekanntwerden von Rechtsverletzungen werden wir derartige Links umgehend entfernen.<br>\n<br> Urheberrecht Die durch die Seitenbetreiber erstellten Inhalte und Werke auf diesen Seiten unterliegen dem Schweizer Urheberrecht.\nDie Vervielfältigung, Bearbeitung, Verbreitung und jede Art der Verwertung ausserhalb der Grenzen des Urheberrechtes bedürfen der schriftlichen Zustimmung des jeweiligen Autors bzw.\nErstellers.\nDownloads und Kopien dieser Seite sind nur für den privaten, nicht kommerziellen Gebrauch gestattet.\nSoweit die Inhalte auf dieser Seite nicht vom Betreiber erstellt wurden, werden die Urheberrechte Dritter beachtet.\nInsbesondere werden Inhalte Dritter als solche gekennzeichnet.\nSollten Sie trotzdem auf eine Urheberrechtsverletzung aufmerksam werden, bitten wir um einen entsprechenden Hinweis.\nBei Bekanntwerden von Rechtsverletzungen werden wir derartige Inhalte umgehend entfernen.<br>\n<br> Datenschutz Die Nutzung unserer Webseite ist in der Regel ohne Angabe personenbezogener Daten möglich.\nSoweit auf unseren Seiten personenbezogene Daten (beispielsweise Name, Anschrift oder eMail-Adressen) erhoben werden, erfolgt dies, soweit möglich, stets auf freiwilliger Basis.\nDiese Daten werden ohne Ihre ausdrückliche Zustimmung nicht an Dritte weitergegeben.<br> Wir weisen darauf hin, dass die Datenübertragung im Internet (z.B.\nbei der Kommunikation per E-Mail) Sicherheitslücken aufweisen kann.\nEin lückenloser Schutz der Daten vor dem Zugriff durch Dritte ist nicht möglich.<br> Der Nutzung von im Rahmen der Impressumspflicht veröffentlichten Kontaktdaten durch Dritte zur Übersendung von nicht ausdrücklich angeforderter Werbung und Informationsmaterialien wird hiermit ausdrücklich widersprochen.\nDie Betreiber der Seiten behalten sich ausdrücklich rechtliche Schritte im Falle der unverlangten Zusendung von Werbeinformationen, etwa durch Spam-Mails, vor.<br>\n<br> Webanalyse mit Google Analytics Diese Website benutzt Google Analytics, einen Webanalysedienst der Google Inc.\n(„Google“).\nGoogle Analytics verwendet sog.\n„Cookies“, Textdateien, die auf Ihrem Computer gespeichert werden und die eine Analyse der Benutzung der Website durch Sie ermöglichen.\nDie durch den Cookie erzeugten Informationen über Ihre Benutzung dieser Website werden in der Regel an einen Server von Google in den USA übertragen und dort gespeichert.\nIm Falle der Aktivierung der IPAnonymisierung auf dieser Webseite, wird Ihre IP-Adresse von Google jedoch innerhalb von Mitgliedstaaten der Europäischen Union oder in anderen Vertragsstaaten des Abkommens über den Europäischen Wirtschaftsraum zuvor gekürzt.\nNur in Ausnahmefällen wird die volle IP-Adresse an einen Server von Google in den USA übertragen und dort gekürzt.\nIm Auftrag des Betreibers dieser Website wird Google diese Informationen benutzen, um Ihre Nutzung der Website auszuwerten, um Reports über die Websiteaktivitäten zusammenzustellen und um weitere mit der Websitenutzung und der Internetnutzung verbundene Dienstleistungen gegenüber dem Websitebetreiber zu erbringen.\nDie im Rahmen von Google Analytics von Ihrem Browser übermittelte IP-Adresse wird nicht mit anderen Daten von Google zusammengeführt.\nSie können die Speicherung der Cookies durch eine entsprechende Einstellung Ihrer Browser-Software verhindern.\nwir weisen Sie jedoch darauf hin, dass Sie in diesem Fall gegebenenfalls nicht sämtliche Funktionen dieser Website vollumfänglich werden nutzen können.<br>\n<br> Sie können darüber hinaus die Erfassung der durch das Cookie erzeugten und auf Ihre Nutzung der Website bezogenen Daten (inkl.\nIhrer IP-Adresse) an Google sowie die Verarbeitung dieser Daten durch Google verhindern, indem sie das unter dem folgenden Link verfügbare Browser-Plugin herunterladen und installieren:<br> http://tools.google.com/dlpage/gaoptout?hl=de<br>\n<p>\n</p>\n<br> Infos <ul>\n<li>Über uns</li>\n<li>Kontakt</li>\n<li>Impressum</li>\n<li>AGB</li>\n</ul> Aktuelles <ul>\n<li>Jobs (offene Stellen)</li>\n</ul> Services <ul>\n<li>Endreinigung</li>\n<li>Unterhaltsreinigung</li>\n<li>Grundreinigung</li>\n</ul>\n<br> Digital Services <ul>\n<li>Kundenportal</li>\n<li>Know-how</li>\n</ul> Gebiete <ul>\n<li>Luzern</li>\n<li>Zug</li>\n<li>Zürich</li>\n</ul>\n<br>\n<ul>\n<li>sorglossauber GmbH</li>\n<li>Löwengraben 10, 6004 Luzern</li>\n<li>+41 76 709 92 82</li>\n</ul> Angebot einholen Anrufen: +41767099282 Fragen via Whatsapp Kontaktformular Unterhaltsreinigung Luzern | Unterhaltsreinigung Zug | Unterhaltsreinigung Obwalden | Unterhaltsreinigung Nidwalden | Unterhaltsreinigung Schwyz | Unterhaltsreinigung Zürich | Endreinigung Luzern | Endreinigung Bern | Endreinigung Obwalden | Endreinigung Nidwalden | Endreinigung Aargau | Endreinigung Schwyz | Endreinigung Uri | Endreinigung Zug | Endreinigung Zürich <p>Copyright © 2019 sorglossauber GmbH | Datenschutz | Impressum <br> Sorglos saubere Räume: Gönnen wir Dir ♥ Danke für den Besuch.\n</p> " updated_at: - 2019-08-18 09:02:28.486022562 Z - 2019-08-18 09:02:30.990153800 Z
frey: 2019-08-18 09:02:28 UTC
--- id: - - 1805 name: - - 'Privacy Policy ' url: - - https://sorglossauber.ch/unternehmen/datenschutz xpath: - - '' created_at: - - &1 2019-08-18 09:02:28.486022562 Z updated_at: - - *1 service_id: - - 1794 user_id: - - 4089
frey: 2019-08-18 09:00:37 UTC
--- id: - - 1794 name: - - sorglossauber url: - - sorglossauber.ch created_at: - - &1 2019-08-18 09:00:37.897671500 Z updated_at: - - *1 wikipedia: - - '' user_id: - - 4089
Peepo: 2019-08-18 08:44:48 UTC
created
--- id: - - 7794 user_id: - - 2527 title: - - Your data may be processed and stored anywhere in the world source: - - https://www.biblegateway.com/legal/privacy/ status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 08:44:48.189691988 Z updated_at: - - *1 service_id: - - 1790 quoteText: - - |- We may transfer the personal information we collect about you to the United States and/or another country, which may not be deemed to have the same data protection laws as the country in which you initially provided the information. When your personal information is in such countries, it may be accessed by the courts, law enforcement and national security authorities in accordance with applicable law. case_id: - - 187 quoteStart: - - 15092 quoteEnd: - - 15496 document_id: - - 1798
Peepo: 2019-08-18 08:39:16 UTC
created
--- id: - - 7793 user_id: - - 2527 title: - - This service tracks you on other websites source: - - https://www.biblegateway.com/legal/privacy/ status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 08:39:16.878651843 Z updated_at: - - *1 service_id: - - 1790 quoteText: - - Through these ad networks, we can track your online activities over time and across third-party websites and apps by obtaining information through automated means, as described above. case_id: - - 129 quoteStart: - - 9720 quoteEnd: - - 9903 document_id: - - 1798
Peepo: 2019-08-18 08:33:43 UTC
created
--- id: - - 7792 user_id: - - 2527 title: - - Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision source: - - https://www.biblegateway.com/legal/terms/ status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 08:33:43.681233746 Z updated_at: - - *1 service_id: - - 1790 quoteText: - - The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. case_id: - - 295 quoteStart: - - 25864 quoteEnd: - - 26007 document_id: - - 1799
Peepo: 2019-08-18 08:32:55 UTC
created
--- id: - - 7791 user_id: - - 2527 title: - - Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder source: - - https://www.biblegateway.com/legal/terms/ status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 08:32:55.741566220 Z updated_at: - - *1 service_id: - - 1790 quoteText: - - If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. case_id: - - 294 quoteStart: - - 26217 quoteEnd: - - 26423 document_id: - - 1799
Peepo: 2019-08-18 08:30:36 UTC
created
--- id: - - 7790 user_id: - - 2527 title: - - There is a date of the last update of the terms source: - - https://www.biblegateway.com/legal/terms/ status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 08:30:36.896858919 Z updated_at: - - *1 service_id: - - 1790 quoteText: - - Effective September 9, 2010 case_id: - - 331 quoteStart: - - 70 quoteEnd: - - 97 document_id: - - 1799
Peepo: 2019-08-18 08:29:54 UTC
created
--- id: - - 7789 user_id: - - 2527 title: - - This service fines spammers source: - - https://www.biblegateway.com/legal/terms/ status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 08:29:54.895525154 Z updated_at: - - *1 service_id: - - 1790 quoteText: - - |- li> Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Company $50 for each actual or intended recipient of such communication;</li> case_id: - - 153 quoteStart: - - 10264 quoteEnd: - - 10708 document_id: - - 1799
libre4life: 2019-08-18 05:31:31 UTC
--- text: - - " light Invidious <i>\n</i>\n<i>\n</i> Log in Privacy <p>This document concerns what data you provide to this website, the purpose of the data, how the data is stored, and how the data can be removed.</p> Data you directly provide <p>Data that you provide to the website for the purpose of the site's operation (for example: an account name, account password, or channel subscription) will be stored in the website's database until the user decides to remove it.\nThis data will not be intentionally shared with anyone or anything.</p>\n<p>Information stored about a registered user is limited to:</p>\n<ul>\n<li>a list of session tokens for remaining logged in across devices</li>\n<li>the last time an account was updated (to provide accurate notifications)</li>\n<li>a list of video IDs identifying notifications from a user's subscriptions</li>\n<li>a list of channel UCIDs the user is subscribed to</li>\n<li>a user ID (for persistent storage of subscriptions and preferences)</li>\n<li>a json object containing user preferences</li>\n<li>a hashed password if applicable (not present on google accounts)</li>\n<li>a randomly generated token for providing an RSS feed of a user's subscriptions</li>\n<li>a list of video IDs identifying watched videos</li>\n</ul>\n<p>The above list reflects this code.</p>\n<p>Users can clear their watch history using the clear watch history page.</p>\n<p>If a user is logged in with a Google account, no password will ever be stored.\nThis website uses the session token provided by Google to identify a user, but does not store the information required to make requests on a user's behalf without their knowledge or consent.</p> Data you passively provide <p>When you request any resource from this website (for example: a page, a font, an image, or an API endpoint) information about the request may be logged.</p>\n<p>Information about a request is limited to:</p>\n<ul>\n<li>the time the request was made</li>\n<li>the status code of the response</li>\n<li>the method of the request</li>\n<li>the requested URL</li>\n<li>how long it took to complete the request.</li>\n</ul>\n<p>No identifying information is logged, such as the visitor's cookie, user-agent, or IP address.\nHere are a couple lines to serve as an example:</p>\n<code>2019-01-19 16:37:47 +00:00 200 GET /api/v1/comments/xrlETJYzH-c?format=html&amp;hl=en-US 1345.88ms\n2019-01-19 16:37:53 +00:00 200 GET /vi/r5P-f5arPXE/maxres.jpg 1085.41ms\n2019-01-19 16:37:54 +00:00 200 GET /watch 7.04ms</code>\n<p>This website does not store the visitor's user-agent or IP address and does not use fingerprinting, advertisements, or tracking of any form.</p>\n<p>This website provides links to googlevideo.com to provide audio and video playback.\ngooglevideo.com is owned by Google and is subject to their privacy policy.</p> Data stored in your browser <p>This website uses browser cookies to authenticate registered users.\nThis data consists of:</p>\n<ul>\n<li>An account token to keep you logged into the website between visits, which is sent when any page is loaded while you are logged in</li>\n</ul>\n<p>This website also provides an option to store site preferences, such as the theme or locale, without an account.\nUsing this feature will store a cookie in the visitor's browser containing their preferences.\nThis cookie is sent on every request and does not contain any identifying information.</p>\n<p>You can remove this data from your browser by logging out of this website, or by using your browser's cookie-related controls to delete the data.</p> Removal of data <p>To remove data stored in your browser, you can log out of the website, or you can use your browser's cookie-related controls to delete the data.</p>\n<p>To remove data that has been stored in the website's database, you can use the delete my account page.</p> Released under the AGPLv3 by Omar Roth.\n<i>\n</i> BTC: 356DpZyMXu6rYd55Yqzjs29n79kGKWcYrY <i>\n</i> BCH: qq4ptclkzej5eza6a50et5ggc58hxsq5aylqut2npk <i>\n</i> Liberapay / Patreon <i>\n</i> View JavaScript license information.\n/ <i>\n</i> View privacy policy.\n<i>\n</i> Current version: 0.19.1-2b94975 <i>\n</i> master " updated_at: - 2019-08-18 05:30:59.366552387 Z - 2019-08-18 05:31:31.029810266 Z
libre4life: 2019-08-18 05:30:59 UTC
--- id: - - 1804 name: - - Privacy Policy url: - - https://www.invidio.us/privacy xpath: - - '' created_at: - - &1 2019-08-18 05:30:59.366552387 Z updated_at: - - *1 service_id: - - 1793 user_id: - - 4087
libre4life: 2019-08-18 05:27:29 UTC
--- id: - - 1793 name: - - Invidious url: - - invidio.us,dev.invidio.us,kgg2m7yk5aybusll.onion,axqzx4s6s54s32yentfqojs3x5i7faxza6xo3ehd4bzzsg2ii4fv2iid.onion created_at: - - &1 2019-08-18 05:27:29.079958374 Z updated_at: - - *1 wikipedia: - - https://en.wikipedia.org/wiki/Invidious user_id: - - 4087
Peepo: 2019-08-18 00:23:59 UTC
created
--- id: - - 7788 user_id: - - 2527 title: - - The service provides a complaint mechanism for the handling of personal data source: - - https://stackexchange.com/legal/privacy-policy status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 00:23:59.170575175 Z updated_at: - - *1 service_id: - - 300 quoteText: - - If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.privacytrust.com/drs/stackexchange OR PrivacyTrust, Communications House, 26 York Street, London, W1U 6PZ, for more information or to file a complaint. case_id: - - 300 quoteStart: - - 17417 quoteEnd: - - 17740 document_id: - - 97
Peepo: 2019-08-18 00:17:27 UTC
created
--- id: - - 7787 user_id: - - 2527 title: - - Users have a reduced time period to take legal action against the service source: - - https://stackoverflow.com/legal/terms-of-service/public status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 00:17:27.538794648 Z updated_at: - - *1 service_id: - - 300 quoteText: - - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the public Network or these Public Network Terms must be filed within one (1) year after such claim of action arose or be forever banned. case_id: - - 151 quoteStart: - - 23483 quoteEnd: - - 23770 document_id: - - 95
Peepo: 2019-08-18 00:14:42 UTC
created
--- id: - - 7786 user_id: - - 2527 title: - - You waive your right to a class action. source: - - https://stackoverflow.com/legal/terms-of-service/public status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 00:14:42.343645757 Z updated_at: - - *1 service_id: - - 300 quoteText: - - YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. case_id: - - 117 quoteStart: - - 5167 quoteEnd: - - 5255 document_id: - - 95
Peepo: 2019-08-18 00:08:23 UTC
created
--- id: - - 7785 user_id: - - 2527 title: - - This service is only available to users of a certain age source: - - https://hj2.huntandjump.com/rules.php status: - - pending analysis: - - Generated through the annotate view created_at: - - &1 2019-08-18 00:08:23.957352699 Z updated_at: - - *1 service_id: - - 1792 quoteText: - - |- Joining Rules</li> <ul> <li>You must be exactly 13 years of age or older to play HuntAndJump.com. This is the law and all members under thirteen will have their accounts banned. case_id: - - 152 quoteStart: - - 988 quoteEnd: - - 1165 document_id: - - 1803
Desiree: 2019-08-17 14:56:39 UTC
--- text: - - " Welcome! | Log In FOREST SERVER | <strong>Year: 74 Era: 5</strong>\n<br>Next breeding season: Sep 2nd <ul>\n<li> My Stable <ul>\n<li>Member Home</li>\n<li>My Barns</li>\n<li>My Pastures</li>\n<li>Create A Horse </li>\n</ul>\n</li>\n<li> Showing <ul>\n<li>My Show Entries</li>\n<li>Train My Horses</li>\n<li>Auto Show Settings</li>\n</ul>\n</li>\n<li> Advanced Facilities <ul>\n<li>Boost Tokens</li>\n<li>Gene Mod Treatment</li>\n<li>Unalter Horses</li>\n<li>Adv.\nBreeding Lab</li>\n<li>Cloning Lab</li>\n</ul>\n</li>\n<li> Community <ul>\n<li>Search Horses</li>\n<li>Forum</li>\n<li>Buddy Chat</li>\n<li>Search Users</li>\n<li>Breeders Clubs</li>\n<li>Public Auction House</li>\n</ul>\n</li>\n<li> Upgrade <ul>\n<li>Upgrade With Game Money</li>\n<li>Upgrade With Real Money</li>\n</ul>\n</li>\n<li> Resources <ul>\n<li>Forum</li>\n<li>FAQ User Guide</li>\n<li>Genetics Guide</li>\n<li>Breeding Info</li>\n<li>Rules and ToS</li>\n<li>Log Out</li>\n</ul>\n</li>\n</ul> X HuntAndJump Rules and Conditions HuntAndJump.com Rules <ol>\n<li>Joining Rules</li>\n<ul>\n<li>You must be exactly 13 years of age or older to play HuntAndJump.com.\nThis is the law and all members under thirteen will have their accounts banned.</li>\n<li>Creating any account for the purpose of political or religious debate will result in the immediate banning of that member.\nThis includes anti-horse-slaughter, although creating rescue stables is perfectly acceptable.</li>\n<li>Please understand when joining that HuntAndJump.com is a site that understands the place horse slaughter has in this world.\nWhile it is unpleasant it is a vital part of the equine world.\nHuntAndJump.com does have a public auction yard with a killer buyer.\nIf you are not mature enough to handle this please do not join our game.</li>\n<li>By joining you signify the understanding that HuntAndJump.com has the sole right to seize all hajpoints, horses and/or accounts on the game for any reason.</li>\n<li> All minors must ask parental permission before joining.</li>\n<li>No member of HuntAndJump.com may at anytime own or hold an official position for any website that competes with HuntAndJump.com.</li>\n<li>By joining members agree that they will not create or be perform work on any website that competes with HuntAndJump.com.</li>\n</ul>\n<p>\n</p>\n<li>Site Content</li>\n<ul>\n<li>No member name or horse name may make direct reference to any vulgar, profane or generally inappropriate content.\nWords that indirectly refer to inappropriate content are fine as long as they them selves are not inherently vulgar.</li>\n<li>All images and text on a horses or members page must be 100% appropriate for people of all ages.\nNo images representing or including sexual or vulgar content may be displayed.</li>\n<li>Because HuntAndJump.com owns all horses and accounts on the game, members hold no copyright control over such names.</li>\n<li> Images placed on HuntAndJump.com are the full legal responsibility of the person whose account or horses page they fall on.\nHuntAndJump.com will not remove image placed on the site as they are not the games responsibility.\nIf you use illegal images on the site your privacy may be forfeited and you email forwarded to the owner of the copyrighted material.\nHuntAndJump.com can however fine or freeze accounts violating any copyright laws.</li>\n<li>HuntAndJump.com can and will remove any horses from the game that it feels contain images that violate the law in anyway.\nThis includes copyright infringement and hotlinking.\nMultiple occurrences is a lockable offense.</li>\n</ul>\n<p>\n</p>\n<li>Multiple Accounts: All the below rules apply to accounts owned by the same member.</li>\n<ul>\n<li>\n<b>There is a limit of 3 free accounts per household.</b>\n</li>\n<li>\n<b>All accounts owned by a single member must have the same email address.</b>\n</li>\n<li>\n<b>Creating more than 3 accounts even if some or most are deactivated is still a lockable offence if done to excess.</b>\n</li>\n<li>If it is found that accounts you own contain different email addresses all your accounts can be fined or frozen.</li>\n<li>If more than one player accesses their account from the same home all accounts owned by both members are considered one member, i.e.\nyou and your sister can not send gifts to each other or share a single upgraded account.</li>\n<li>Members may own as many paid accounts on HuntAndJump.com as they can reasonably manage, but no more than 3 free accounts.</li>\n<li>Members may not sell and breed horses between multiple accounts they own for any reason.</li>\n<li>Sales or breedings between accounts owned by the same member will result in fines or removed horses.</li>\n<li>For no reason should a horse be transferred repeatedly between accounts owned by the same member.</li>\n<li>For no reason should a horse in a basic account be sold to an upgraded account for the sole purpose of utilizing upgraded features.</li>\n<li>Members who are transferring money between accounts will have all accounts fined or frozen.</li>\n</ul>\n<p>\n</p>\n<li>Member Interactions: All the below rules apply to interactions between accounts owned by different members.</li>\n<ul>\n<li>All members are guests of HuntAndJump.com .\nAs such every member is expected to treat all other guests equally and fairly.</li>\n<li>When you place a horse for public sale you place it for sale to every one.\nYou may not reserve a public sale for a certain person.\nOnly buddy list sales can be reserved.</li>\n<li>When you place a horse for public breed you place it for stud/brood to every one.\nYou may not reserve a breeding for a certain person.\nIf a person breeds to your horse other then the person whom you intended to, you may not complain or harass the breeder for any reason.</li>\n<li>No member on HuntAndJump.com has any right to harass or any way pester another member of the game, on or off of the site.\nThis includes telling a different member to change something about their horses, or sending unwanted communications.\nChain-mailers will be banned from the game.</li>\n</ul>\n<p>\n</p>\n<li>Account/Horse Management</li>\n<ul>\n<li>Members also do not own any part of HuntAndJump.com and as such they have no legal claim to any account or horse on the site.</li>\n<li>Because members do not own anything on HuntAndJump.com they may not give away, or sell any horse on the site for actual money.</li>\n<li>Member accounts are a gift from HuntAndJump.com to its members.\nThey may not be sold for actual or for game money.\nThey may not be given or gifted to any person, for any reason.\nYou may not have another person log into your account for any reason.</li>\n<li>For no reason should two members own a single account but members on different accounts may have partnerships and sister stables.</li>\n<li>HuntAndJump.com will not get involved in any dispute involving game partnerships.</li>\n<li>HuntAndJump.com reserves the sole right to sell horses, accounts and hajibucks for actual money and no other person may do so.</li>\n<li>Members found trying to sell horses, accounts or hajibucks will have ALL of their accounts frozen immediately.</li>\n<li>No site administrator or moderator will ever ask you for your password or email.\nWe have no need to, so never give this information away.</li>\n<li>A member must never use one account for the sole benefit or another account.</li>\n<li>Members must not create accounts for the sole benefit or another account.</li>\n<li>All accounts created or used to transfer money or horses to the benefit of a central account are considered illegal.</li>\n<li>A member may be banned if HuntAndJump.com feels that member is creating or using accounts to benefit a centralized account.</li>\n<li>Members whose accounts are locked lose all rights to said accounts, horses, game cash, upgrades, barns or any other features of that accounts.</li>\n<li>HuntAndJump.com may decide that any conduct it dislikes is grounds for account locking.</li>\n</ul>\n<p>\n</p>\n<li>Guarantees</li>\n<ul>\n<li>HuntAndJump.com makes no explicit or implicit guarantees.</li>\n<li>HuntAndJump.com does not guarantee its up time nor any other aspect of the game, nor do we make any guarantees about future content for upgraded members.</li>\n<li>HuntAndJump.com may choose to offer rebates or incentives due to down time, but does not guarantee any such practice.</li>\n<li>HuntAndJump.com does not owe any members any refunds for any reason other then a mistake made by HuntAndJump.com's staff or ownership.</li>\n<li>The only mistakes warranting refund are accidental deleting of a members account, horses, barns, cash, or upgrades, or improper insertion of a paid upgrade or add-on into the database.</li>\n<li>HuntAndJump.com will not give refunds for any items purchased via IV's, game cash, or other non real currency transaction.</li>\n<li>HuntAndJump.com will not give refunds if a member loses their account because of password sharing or negligence.</li>\n<li>Members who are caught cheating and have accounts locked may pay to have the locked accounts transferred to a new stable but for no reason will HuntAndJump.com provide a refund to any member who has an account locked because of cheating.</li>\n<li>Cheating negates any claim the member had on their accounts, or any money, items, or time invested into that account.</li>\n<li>Members agree not to hold HuntAndJump.com liable for any money lost or time spent while playing the game.</li>\n<li>The member acknowledges that once money is paid to HuntAndJump.com, HuntAndJump.com reserves the right to not issue a refund for any reason.</li>\n<li>Members who are rude, offensive, or threatening to HuntAndJump.com negate any right to any refund.</li>\n<li>HuntAndJump.com reserves the right to shut down, remove, delete or modify any account or stable at any time for any reason, and does not have to give refunds in such cases.</li>\n</ul>\n<p>\n</p>\n<li>Accepting these Rules of Conduction and Terms and Conditions.</li>\n<ul>\n<li>As stated on the log in box on HuntAndJump.com members agree to these terms and conditions every time they log in.</li>\n<li>Any changes made to these rules apply to all members immediately without exception, or warning.</li>\n<li>HuntAndJump.com does not have to warn it's members of rule breaking or misconduct before locking their accounts.</li>\n<li>HuntAndJump.com members are held responsible for tracking the status of their accounts personally.\nHuntAndJump.com does not have any obligation to contact or inform it's members in any way of account, game cash, game horse or other closures or seizures of the members items on HuntAndJump.com.</li>\n<li>HuntAndJump.com provides its members with a service not a product.\nAs such once this service is provided HuntAndJump.com is no longer responsible for any returns or refunds.</li>\n<li>Forcing of a return or refund will be considered refusal of payment for services provided and will cause you to be permanently banned from all accounts.</li>\n</ul>\n</ol> Rules and Terms of Service © 2019 KD Web Games LLC " updated_at: - 2019-08-17 14:56:27.907077570 Z - 2019-08-17 14:56:39.891634496 Z
Desiree: 2019-08-17 14:56:27 UTC
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