MICROSOFT WEB N-GRAM RESEARCH PROGRAM TERMS OF USE
(Last updated: February 2011)
THIS IS AN AGREEMENT BETWEEN YOU AND MICROSOFT.
These Terms of Use (“TOU”) are an agreement between you and Microsoft Corporation (“Microsoft” or “we”). This TOU governs your voluntary participation in and use of the Microsoft Web N-gram (“Web N-gram”) Research Program only. The Web N-GRAM Research Program, which is operated by Microsoft (or its affiliates), enables you to obtain specific N-gram search-related data (including data collected in connection with the Microsoft Bing internet search site) through a searchable, web-based portal called the “Microsoft Web N-gram Services” (the “N-gram Services”). This TOU does not govern your use of other Microsoft products, services or web sites.
You represent that you are at least 18 years old. Your participation in the Web N-gram Research Program constitutes your acceptance of this TOU, the Privacy Statement and registration guidelines, without modification. Microsoft reserves the right to update the TOU at any time in its discretion without notice to you. The most current version of the TOU can be reviewed by reading the "Terms of Use" text box located on the N-gram web site. You are responsible for regularly reviewing this TOU for any changes. Your participation in or use of the Web N-gram Research Program after the effective date of such changes shall constitute your continuing acceptance of this TOU, as amended from time to time.
Please note that we do not provide warranties for the Web N-gram Research Program. The TOU also limits our liability. These terms are in the “Disclaimer of Liability and Warranty” section below, and we ask you to read it carefully.
NOTICE:
Except as set forth below, the Web N-gram Research Program is for your personal, research use only. 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 Web N-gram Research Program.
Notwithstanding the foregoing, you may copy data from the Web N-gram Research Program that is relevant for your research and share such data with others assisting you in your research so long as they agree to the terms set forth in this Agreement and provided that you restrict access to such data and destroy it when it is no longer necessary for your use. You may reproduce small subsets of the data from the Web N-gram Research Program in your research publications, presentations, articles or papers as needed to illustrate a substantive point.
If you publish (or present papers or articles on) the results of your use of the Web N-gram Research Program, you agree to include all applicable Microsoft copyright notices and indicate that your results are based upon the use of the “Microsoft Web N-gram Services”. Microsoft shall have the right to link to any such paper or article and publicize in any manner that the article refers to the Web N-gram Research Program data.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If the Web N-gram Research Program requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also need to choose a password and a user name, and if so, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of security. Microsoft 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 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.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your participation in or use of the Web N-gram Research Program , you agree that you will not use the Web N-gram Research Program for any purpose that is unlawful, harms Microsoft or any end user or other third party, or otherwise is prohibited by this TOU. You may not participate in or use the Web N-gram Research Program in any manner which could damage, disable, overburden, or impair the Web N-gram Research Program or interfere with any other party's use and enjoyment of the Web N-gram Research Program. You may not attempt to gain unauthorized access to any services, information, pictures, software, other accounts, computer systems or networks connected to any Microsoft server or to the Web N-gram Research Program, 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 or provided for through the Web N-gram Research Program.
You agree to use the Web N-gram Services only for purposes that are proper and related to the particular Web N-gram Service. By way of example, and not as a limitation, YOU AGREE THAT WHEN USING THE WEB N-GRAM SERVICES, YOU WILL NOT:
Microsoft has no obligation to monitor the Web N-gram Services. However, Microsoft reserves the right to review materials posted to the Web N-gram Services and to remove any materials in its sole discretion. MICROSOFT ALSO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR PARTICIPATION IN AND ACCESS TO THE WEB N-GRAM RESEARCH PROGRAM AND THE RELATED WEB N-GRAM SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT CAUSE AND WITHOUT NOTICE. YOU CAN CANCEL YOUR PARTICIPATION IN ANY RESEARCH PROGRAM OR WEB N-GRAM SERVICE AT ANY TIME, WITH OR WITHOUT CAUSE.
Microsoft may monitor your electronic activities and communications and reserves the right at all times to disclose any information in the event it has a good faith reason to believe it is necessary (a) to satisfy any applicable law, regulation, legal process or governmental request, (b) to protect and defend the rights of property of Microsoft, its affiliates and/or the Web N-gram Research Program, (c) to act in urgent circumstances to protect the personal safety of users of Microsoft products, services and/or the Web N-gram Research Program. Microsoft may edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion, or (d) to store logs of usage and data for later analysis.
Always use caution when giving out any personally identifying information about yourself, your children and family or any other persons in any Web N-gram Service. Microsoft does not control or endorse the content, messages or information found in any Web N-gram Service and, therefore, MICROSOFT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE WEB N-GRAM SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE WEB N-GRAM RESEARCH PROGRAM. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Materials uploaded to the Web N-gram Services may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MICROSOFT WEB SITE.
Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to the Web N-gram Research Program or its associated Web N-gram Services for review by the members of the Web N-gram Research Program community, (each a "Submission" and collectively "Submissions"). However, by text messaging, posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Microsoft, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of the Web N-gram Research Program, and the Web N-gram 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; in order to carry out research concerning the Web N-gram Research Program.
No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft 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.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement at
http://www.microsoft.com/info/cpyrtInfrg.htm.
THE WEB N-GRAM RESEARCH PROGRAM MAY CONTAIN LINKS TO OTHER THIRD PARTY WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS NOT RESPONSIBLE FOR SERVICES OR APPLICATIONS OFFERED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS.
UNSOLICITED IDEA SUBMISSION POLICY.
MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE; TRADEMARKS.
© 2009 Microsoft Corporation. All rights reserved. Microsoft, Bing and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries.
DISCLAIMER OF LIABILITY AND WARRANTY.
THE WEB N-GRAM RESEARCH PROGRAM, INCLUDING (BUT NOT LIMITED TO) ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, PHOTOS, VOICES, PICTURES AND OTHER THINGS INCLUDED IN OR AVAILABLE THEREIN, IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND MAY INCLUDE DEFICIENCIES, INACCURACIES AND TYPOGRAPHICAL ERRORS. MICROSOFT AND ITS RESPECTIVE SUPPLIERS MAY IMPROVE, DELETE, CHANGE, IMPAIR, DISRUPT OR EVEN DISCONTINUE THE WEB N-GRAM RESEARCH PROGRAM IN ANY WAY, AT ANY TIME AND FOR ANY REASON. ADVICE RECEIVED VIA THE WEB N-GRAM RESEARCH PROGRAM SHOULD NOT BE RELIED UPON FOR PERSONAL, SAFETY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MICROSOFT CORPORATION, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS, STATUTORY OR IMPLIED) WITH RESPECT TO THE WEB N-GRAM RESEARCH PROGRAM AND ANY INFORMATION AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, WITH REGARD TO (A) TITLE AND NON-INFRINGEMENT, (B) ENCUMBRANCES OR LIENS, AND (C) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEB N-GRAM RESEARCH PROGRAM AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED THEREIN FOR MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT (TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAW) SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE WEB N-GRAM RESEARCH PROGRAM, WITH THE DELAY OR INABILITY TO USE THE WEB N-GRAM RESEARCH PROGRAM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB N-GRAM RESEARCH PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB N-GRAM RESEARCH PROGRAM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OR PARTICIPATING IN THE WEB N-GRAM RESEARCH PROGRAM.
NOTICES TO YOU
YOU CONSENT TO MICROSOFT PROVIDING YOU ANY INFORMATION THAT MICROSOFT IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE WEB N-GRAM RESEARCH PROGRAM (“REQUIRED INFORMATION”) TO BE SENT IN ELECTRONIC FORM VIA THE E-MAIL ADDRESS YOU SPECIFIED WHEN YOU REGISTERED, IF ANY, AND/OR (IF ACCEPTABLE UNDER THE LAW), BY POSTING SUCH REQUIRED INFORMATION CONSPICUOUSLY ON THE RELEVANT WEB N-GRAM RESEARCH PROGRAM WEB SITE.
GENERAL
This TOU is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to your participation in or the use of the Web N-gram Research Program, without regard to conflicts of law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this TOU or participation in or use of the Web N-gram Research Program. Microsoft's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your participation in or use of the Web N-gram Research Program or information provided to or gathered by Microsoft with respect to such participation or use. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOU shall continue in effect.