CONTENT PROVIDER AGREEMENT
By accessing or using the Squadvertiser website at www.squadvertiser.com (the "Website") however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Website is owned, controlled or made available by Microsoft Ireland Operations Limited ("Microsoft").
Basic Terms
- You must be at least 16 years old to use the Website.
- You have the legal right and capacity to enter into these Terms of Use.
- You agree that you are responsible for all data charges you incur through use of the Service.
Content
- You are solely responsible for your conduct and any data, text, files, information, usernames and other content or materials of whatever nature (collectively, "Content") that you submit, post or display on or via the Website.
- You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights in any jurisdiction.
- The Content shall not contain any sexist, racist, defamatory, discriminatory, obscene, anti-religious, homophobic, bullying, harassing, violent, sexual or otherwise unacceptable Content in the sole opinion of Microsoft. Microsoft reserves the right to reject any Content which it believes does not comply with this requirement or is otherwise in breach of these Terms of Use;
- Microsoft shall have the right to remove any and all Content from the Website at any time in its sole discretion.
Rights
- You hereby grant to Microsoft and its group companies an exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use any and all Content that you post on or through the Website in all media in perpetuity for all purposes including without limitation marketing and promotional campaigns for Microsoft. Such licence includes the right for Microsoft (and its third party suppliers involved in the administration of any project or campaign) to modify, alter and adapt any or all of the Content prior to publication or broadcast.
- The Website contains (and the Content will contain) content owned or licensed by Microsoft ("Microsoft Content"). Microsoft Content is protected by copyright, trademark, patent, trade secret and other laws and Microsoft owns and retains or controls all rights in the Microsoft Content and the Website. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Microsoft Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Microsoft Content other than as expressly permitted on the Website.
Conduct
- You will at all times comply with Microsoft’s code of conduct (available here: http://www.xbox.com/en-GB/Legal/CodeOfConduct?xr=footnav) as well as any other terms and conditions that apply to your use of the Website including without limitation the Microsoft Services Agreement (found here: https://www.microsoft.com/en-us/servicesagreement/) as amended from time to time.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Website users.
- You must not attempt to restrict another user from using or enjoying the Website and you must not encourage or facilitate violations of these Terms of Use or any other Microsoft terms.
Data
- Microsoft’s privacy policy, which sets out how it will use your information, can be found at https://www.microsoft.com/en-gb/privacystatement/default.aspx. By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.
General
- You will comply with all relevant law, regulation, any and all guidelines or codes or other reasonable instructions provided to you by Microsoft from time to time. You may not use the Website for any illegal or unauthorized purpose.
- You have not, and shall not carry out any act or conduct yourself in such a manner which might bring Microsoft or yourself, into public disrepute or offend the community or public morals or prejudice Microsoft or otherwise adversely affect it.
- In the unlikely event that there is a dispute relating to these Terms of Use, any such dispute shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- Microsoft reserves the right to modify or terminate the Website or your access to the Website for any reason, without notice, at any time, and without liability to you.
- Microsoft reserves the right, in its sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Therefore, you should review these Terms of Use and any Updated Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
- The Service contains content owned or licensed by Instagram ("Instagram Content"). Instagram Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Instagram, Instagram owns and retains all rights in the Instagram Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Instagram Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Instagram Content.
Liability and Warranties
- The Website, including without limitation, Microsoft Content, is provided on an “as is”. “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Microsoft nor its group companies make any representation or warranties whatsoever, express or implied, as to: (a) the Website; (b) the Microsoft Content; (c) Content; or (d) security associate with the transmission of information to Microsoft or via the Website. In particular Microsoft hereby disclaims all warranties, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
- Microsoft does not represent or warrant that the service will be error-free or uninterrupted, that defects will be corrected, or that the Website or the server that makes the Website available is free from any harmful components, including without limitation, viruses.
- Microsoft shall not be liable to you for any loss or damages of any kind (including without limitation for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential loss or damages) that are directly or indirectly related to: (a) the Website; (b) the Microsoft Content; (c) Content; or (d) your use of or the inability to use, or the performance of the Website; (e) any action taken in connection with an investigation regarding your or any party’s use of the Website; (f) if any action is taking in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Website’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology.