Microsoft and VirtualStic Service Agreement Last Updated: June 17, 2008

THANK YOU FOR CHOOSING MICROSOFT and VIRTUAL STIC!

Acceptance of Terms
Personal and Non-Commercial Use Limitation
VIRTUAL STIC Member Account, Password, and Security
You Are Responsible for Your VIRTUAL STIC Account
No Unlawful or Prohibited Use
Use of VIRTUAL STIC Services
Your Materials
When You May Use the VIRTUAL STIC Service
How You May Use the VIRTUAL STIC Service
How You May Not Use the VIRTUAL STIC Service
Materials Provided to VIRTUAL STIC or Posted at Any VIRTUAL STIC Web Site
Notice Specific to Documents Available on This Web Site
Privacy
Software
We Make No Warranty
Liability Limitation
Changes to the Service; If We Cancel Membership
Notices You Send to Us
Notices We Send to You; Consent Regarding Electronic Information
Links to Third Party Sites
Copyright and Trademark Notices
Respect Copyright

ACCEPTANCE OF TERMS.

The services that Microsoft and VirtualStic provide to you are subject to the following Terms of Use ("TOU"). Microsoft and VIrtualStic reserve the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, VirtualStic is for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the VirtualStic.

VirtualStic  MEMBER ACCOUNT, PASSWORD, AND SECURITY.

VirtualStic requires you to open an account where you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for any and all activities that occur under your account. To log in to VirtualStic you need to utilize a Windows Live ID account. You agree to notify VirtualStic immediately of any unauthorized use of your account or any other breach of security. Microsoft and VirtualStic will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft and VirtualStic or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

YOU ARE RESPONSIBLE FOR YOUR VIRTUAL STIC ACCOUNT.

Only you may use your VirtualStic account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of VirtualStic, you will not use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use VirtualStic in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of VirtualStic. You may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the VirtualStic.

USE OF VirtualStic SERVICES

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

Microsoft and VirtualStic have no obligation to monitor the Communication Services. However, Microsoft and VirtualStic reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Microsoft and VirtualStic reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Microsoft and VirtualStic reserve the right at all times to disclose any information as Microsoft and VirtualStic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft and VirtualStic's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Microsoft and VirtualStic does not control or endorse the content, messages or information found in any Communication Services and, therefore, Microsoft and VirtualStic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts views do not necessarily reflect those of Microsoft and VirtualStic.

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

YOUR MATERIALS.

You may be able to submit materials for use in connection with the VirtualStic service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public free permission to:

- use, copy, distribute, display, publish and modify your submission, each in connection with the service;

- publish your name in connection with your submission; and

- grant these permissions to other persons.

This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this section.

WHEN YOU MAY USE THE VirtualStic SERVICES.

You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a service starts right away.

HOW YOU MAY USE THE VirtualStic SERVICES.

In using the services, you will:

- obey the law;

- obey any codes of conduct or other notices we provide;

- obey the Microsoft and VirtualStic Privacy Policy, which is available at VirtualStic

- keep your service account password secret; and

- promptly notify us if you learn of a security breach related to the service.

HOW YOU MAY NOT USE VirtualStic SERVICES.

In using the service, you may not:

- use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Microsoft and VirtualStic parties"), or any customer of a Microsoft and VirtualStic party;

- engage in, facilitate, or further unlawful conduct;

- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");

- use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft and VirtualStic, or "meta-searching");

- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;

- damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or

- resell or redistribute the service, or any part of the service.

MATERIALS PROVIDED TO VirtualStic OR POSTED AT ANY VirtualStic WEB SITE.

Microsoft and VirtualStic does not claim ownership of the materials you provide to VIRTUAL STIC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Microsoft and VirtualStic, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Microsoft and VirtualStic Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft and VirtualStic is under no obligation to post or use any Submission you may provide and Microsoft and VirtualStic may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the VirtualStic is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the VirtualStic Web site or any other Microsoft and VirtualStic owned, operated, licensed or controlled site. Elements of Microsoft and VirtualStic Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft and VirtualStic Web site may be copied or retransmitted unless expressly permitted by Microsoft and VirtualStic.

MICROSOFT AND VirtualStic AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND VIRTUAL STIC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND VIRTUAL STIC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND VIRTUAL STIC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

PRIVACY.

In order to operate and provide the VirtualStic service, we collect certain information about you. We use and protect that information as described in the http://privacy.microsoft.com/en-us/default.aspx . In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft and VirtualStic or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft and VirtualStic employees, customers or the public.

We may use technology or other means to protect the VirtualStic service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.

You may read about this information collection in more detail in the privacy policy at

Español: http://privacy.microsoft.com/es-es/default.aspx

Portugues: http://privacy.microsoft.com/pt-br/default.aspx 

English: http://privacy.microsoft.com/en-us/default.aspx

SOFTWARE.

If you receive software from us as part of the VirtualStic service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. We reserve all other rights to the software.

We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.

Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.

You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.

The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.Microsoft.com/exporting(available in English only).

WE MAKE NO WARRANTY.

We provide the VirtualStic service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the VirtualStic service. The Microsoft and VirtualStic parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

LIABILITY LIMITATION.

You can recover from the Microsoft and VirtualStic parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

- the service,

- content (including code) on third party Internet sites, third party programs or third party conduct,

- viruses or other disabling features that affect your access to or use of the service,

- incompatibility between the service and other services, software and hardware,

- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and

- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or

- Microsoft and VirtualStic knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

CHANGES TO THE SERVICE; IF WE CANCEL MEMBERSHIP.

We may change the service or delete features at any time and for any reason. We may cancel or suspend your VirtualStic membership at any time. Our cancellation or suspension may be without cause and/or without notice. Upon cancellation, your right to use the service stops right away. Once the membership is cancelled or suspended, any data you have stored on your page may not be retrieved later.

YOUR NOTICES TO US.

You may notify us as stated in the customer support or "help" area for the VirtualStic. We also accept e-mail notices.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

NOTICES WE SEND TO YOU; CONSENT REGARDING ELECTRONIC INFORMATION.

This agreement is in electronic form. We have promised to send you certain information in connection with VirtualStic and have the right to send you certain additional information. There may be other information regarding the VirtualStic that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel membership. We may provide required information to you:

- by e-mail at the e-mail address you specified when you signed up for your service;

- by access to a Microsoft and VirtualStic web site that will be designated in an e-mail notice sent to you at the time the information is available; or

- by access to a Microsoft and VirtualStic web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

LINKS TO THIRD PARTY SITES.

THE LINKS IN VIRTUALSTIC WILL LET YOU LEAVE MICROSOFT AND VIRTUALSTIC SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND VIRTUAL STIC AND MICROSOFT AND VIRTUAL STIC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT AND VIRTUALSTIC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT AND VIRTUALSTIC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT AND VIRTUAL STIC OF THE SITE.

RESPECT COPYRIGHT.

Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.

COPYRIGHT NOTICE & FAQ.

© 2008 Microsoft Corporation. All rights reserved.

The following is provided for informational purposes only and should not be construed as legal advice. If you need legal advice, contact a lawyer.

What is copyright?

Copyright law protects original works, such as websites, books, music, paintings, photos and video. A work is “original” if it contains some elements you created and did not borrow from others. Typically, when you create an original work, you own the copyright. As the copyright owner, you can control how others use your work. For example, if you write a movie script, you have the right to, and can prevent others from, copying your script, sharing it with others (“distributing it”), making a movie or book from your script (a “derivative work”), or publicly performing your script as a play or movie. You also have the ability to sell or give away these rights. In other words, you could sell the right to make a movie based on your script to a movie studio.

If you use someone else’s copyrighted materials without permission, that use generally violates the copyright owner's exclusive rights, and is copyright infringement. So if you create a new work and include parts of other people’s works in it (such as an existing photo, lengthy quotes from a book or a loop from a song), you must own or have permission to use the elements you borrow. For example, if your script is based on an existing popular series, you should obtain permission to use the elements you borrow from the series.

Copyright law is different from the law of personal property. If you buy a physical object, such as a movie on DVD, you own the physical object. You do not, however, obtain ownership of the “copyrights” (the rights to make copies, distribute, make derivatives and publicly perform or display) in the content of the movie. The fact that you have obtained physical possession of a DVD does not automatically grant you the right to copy or share it.

If you make your own movie, it may include many copyrighted works in it. So, if you decide to make a movie based on your script, you must either create all elements of it on your own, or have permission to use the elements you borrow. Especially keep in mind that photos or artwork hanging on the walls of your sets and music on the soundtrack (even if you own the CD or MP3) may be copyrighted. You should not include copyrighted works such as these in your movie without authorization.

A few other things to keep in mind are:

Isn't it in the public domain?

Just because a work is freely available, does not mean it is in the “public domain.” Copyright is for a limited term; it does not last forever. In the copyright context, “public domain” means the copyright term has expired. Once a work is in the public domain, it may be freely used without permission from the copyright owner.

Determining the term of copyright can be complex, particularly because copyright laws vary from country to country. Also, even if the copyright on a work has expired, you should be careful about how you use a public domain work. For example, a book may be in the public domain, but it might not be ok to scan the book cover to cover and post it on the internet. This is because the particular version of the book may contain new copyrightable material that is not in the public domain, such as cover art or footnotes.

What about fair use?

In limited situations, you can use copyrighted works without permission from the copyright holder. It can be difficult to figure out whether use of copyrighted works without permission is legal, though, because the laws in this area are often vague and vary from country to country.

The copyright law in the United States has a doctrine called “fair use”. Fair use provides a defense to copyright infringement in some circumstances. For example, fair use allows documentary filmmakers to use very short clips of copyrighted movies, music and news footage without permission from the copyright owner. Fair use is a difficult concept because determining whether something is a fair use involves weighing four factors. Unfortunately, weighing the fair use factors rarely results in a clear-cut answer.

Rather than applying a fair use test, many other countries have specific exceptions to copyright infringement. The number and type of exceptions vary by country, but they frequently allow copyrighted materials to be used without permission from the copyright holder for activities such as nonprofit research, teaching, news reporting, or private study.

If you incorrectly decide that something is a fair use or falls into an exception to copyright infringement, you could be held criminally and civilly liable and have to pay damages. We suggest you talk to a lawyer if you have questions regarding fair uses of copyrighted works.

What happens if you upload copyrighted materials to one of our websites without permission?

By law, we are required to take down videos, music, photographs or other content you upload onto a website hosted by the Microsoft Corporation if we learn that it infringes someone else’s copyright. If you believe that we have mistakenly taken down content you uploaded that you own or have permission to upload, you can also let us know that. Finally, if you upload infringing content repeatedly, we will terminate your account and you could face criminal and civil penalties. So please, respect other people’s copyrights.

What if my stuff is on a Microsoft and VirtualStic website without my permission?

If you believe that anything on a website hosted by Microsoft and VirtualStic infringes your copyright, let us know. Just provide us with the information requested here and we will see that your copyrighted works are taken down.

I want to share my content, but...

Many of our websites and services allow you to share content you create, such as video, music and photographs. Though there is no way for us to ensure that your content will not be misused when you share it online, you may consider making it available under a Creative Commons License.

Creative Commons licenses are a simple way for you to let people know what uses they can make of your creative works and under what conditions. Creative Commons licenses are customizable based on your preferences and are automatically generated through the use of an online form. The form includes questions such as whether your work may be used only for non-commercial purposes and whether the work may be modified. As such, a variety of licenses are possible. For example, an “attribution only” license allows others to make any use of your work as long as they indicate that you are the copyright holder.

Creative Commons is continually developing new licenses tailored to needs identified by creative people like you. To learn more about Creative Commons, or to prepare a Creative Commons license, visit their website (http://creativecommons.org/).

What if I don't want my website crawled?

Microsoft and VirtualStic search services follow the Robots Exclusion Standards. This means that you can control which pages Microsoft and VIRTUAL STIC search engines index and how often Microsoft and VIRTUAL STIC bots access your website. To learn how to do so, or for more information regarding Microsoft and VIRTUAL STIC’s webcrawling and site indexing practices, please visit http://search.msn.com/docs/siteowner.aspx.

TRADEMARKS.

Trademark information is available at http://www.Microsoft.com/library/toolbar/3.0/trademarks/en-us.mspx.

Any rights not expressly granted herein are reserved.

Send your questions to the appropriate contact as listed below: