Terms of use

Section 1: Acceptance of Terms

The Services (defined below) that Microsoft provides to you are subject to the following Terms of Use ("TOU"). By using the Services, you agree to the TOU. If you do not agree, do not use the Services. Microsoft reserves the right to update the TOU at any time without notice to you. You can view the most current version of the TOU by clicking the "Terms of Use" hypertext link. You represent that you are at least 13 years of age or have attained the age of majority where you live, and that all information you supply is true and correct. Your use of certain elements of the Service may be subject to additional guidelines, posted notices, privacy policies, or codes of conduct. These are incorporated by reference into these terms.

Section 2: Description of Services

Through its network of Web properties, Microsoft provides you with access to a variety of resources, including developer tools, download areas, communication forums, and product information ("Service" or "Services"). The Services (including any updates, enhancements, new features, the addition of any new Web properties, or any combination of these) are subject to the TOU. Customer support is not offered for the Service, unless provided otherwise in this TOU or the materials we publish in connection with a particular Service specify that it includes customer support.

Section 3: Personal and Non-Commercial Use of the Service

The Service may not be used in production or for any commercial purposes under this TOU. You may submit as many 3d files (each, a "Model") as you wish, for your personal use. Microsoft reserves the right to decrease this number at any time.

Section 4: Reserve the Right to Modify

Microsoft may change the Service or delete features of the Service at any time and for any reason. Microsoft may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, you’re right to use the Service stops immediately. Microsoft may change this TOU at any time. If you do not stop using the Service, your continued use of the Service will be under the changed TOU.

Section 5: Privacy and Protection of Personal Information

For details on how Microsoft may collect, use, access, and share personal information associated with your use of the Service, click the Privacy Statement hypertext link at the bottom of this page.

Section 6: Service Account

This Service requires you to open or use an existing Microsoft account. You must provide current, complete, and accurate information for this account. You will also need to choose a password and a user name. You are solely responsible for: (a) keeping your password and account confidential; and (b) any and all activities that occur under your account. You must promptly notify Microsoft of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you incur if someone else uses your password or account, either with or without your knowledge. You may not use anyone else’s account at any time without their permission.

Section 7: Use Restrictions

When using the Service, you must comply with this TOU, all applicable laws, and the Microsoft Anti-Spam Policy (http://privacy.microsoft.com/en-us/anti-spam.mspx). You must also obey any policies, codes of conduct, and notices Microsoft provides, including the Microsoft Research Services code of conduct (http://research.microsoft.com/en-us/um/legal/codeofconduct.htm).

The Service is only for your personal use and you may not use the Service, any content available on the Service, or your account for any commercial purpose, unless you have first entered into a separate, fee-based, commercial license for the Service and that license is current and active at the time of such commercial use. You may be unable to use the Service outside the country associated with your account.

You may not use the Service to harm others or the Service. For example, you may not:

Damage, disable, overburden, or impair the Service (or any network connected to the Service);

Resell or redistribute any part of the Service;

Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service;

Remove, modify, or tamper with any notice or link that is incorporated into the Service; or

Remove, modify, or tamper with any notice or link that is incorporated into the Service

If Microsoft believes that you are making unauthorized or improper use of the Service, Microsoft may take such action as it deems appropriate without notice to you. These actions may include blocking messages from a particular Internet domain, mail server, or IP address. Microsoft may at all times: (a) disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (b) edit, refuse to post, or remove any information or materials, in whole or in part.

Section 8: Reservation of Rights

Microsoft retains all rights, title, and interest in and to the Service and this website. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted.

Section 9: Feedback

If you give Microsoft feedback, you give Microsoft an irrevocable, perpetual, sublicensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give to third parties any patent rights in your feedback needed for their products, technologies, and Services to use or interface with any specific parts of a Microsoft software or Service at no charge. You will not give feedback that is subject to a license or other obligation that requires Microsoft to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive these terms.

Section 10: Software

Any software that is made available from or in connection with the Services ("Software") is the copyrighted work of Microsoft, its suppliers, or both. Your use of any Software is governed by one of two sets of license terms ("License Agreement"): if you are presented with a license for the Software, the terms of that license apply to the Software; if no license is presented to you, this TOU applies not only to the Services but also to the Software (and the term "Services" in this TOU include the Software). The Software is licensed, not sold, and Microsoft reserves all rights to the Software not expressly granted by Microsoft under the License Agreement, whether by implication, estoppel, or otherwise. Third-party scripts or code linked to or referenced from this Service is licensed to you by the third parties that own such code, not by Microsoft.

Section 11: Submissions Provided to Microsoft

Microsoft does not claim ownership of the content you provide on the Service. Your content remains your content. Microsoft does not control, verify, or endorse the content that you and others make available on the Service.

By uploading content on the Service, Microsoft and its affiliates, resellers, distributors, Service providers, partners, and suppliers may use, modify, adapt, reproduce, distribute, and display it. This includes your name or other information you supply with the content. These rights apply solely to the extent necessary to provide the Service.

You must respect the rights of artists, authors, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you upload content on the Service in a way that infringes others’ copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching these terms (and violating other rights and possibly the law). By uploading content on the Service, you represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content does not violate any law. Microsoft will not pay you for your content. Microsoft may refuse to provide the Service for your content for any or no reason. Microsoft may remove your content from the Service at any time and for any reason, including if: (a) you breach these terms; (b) the content exceeds limits on storage or file size; or (c) Microsoft cancels or suspends the Service.

You are responsible for backing up the data and content that you store on the Service. Microsoft may permanently delete your data from its servers if the Service is suspended or canceled. Microsoft does not have any duty to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, Microsoft may delete the data as of that date. Data that is deleted may be irretrievable.

You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the Service in a way that:

depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art, or manga.

incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.

misrepresents the source of anything you post or upload, including impersonation of another individual or entity.

provides or creates links to external sites that violate this TOU.

includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such content or have received all necessary consents.

is intended to harm or exploit minors in any way.

is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school.

invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.

is illegal or violates any applicable local and national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.

threatens, stalks, defames, defrauds, degrades, victimizes, or intimidates an individual or group of individuals for any reason; including but not limited to on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or incites or encourages anyone else to do so.

harms or disrupts, or intends to harm or disrupt, another user’s computer or would allow you or others to illegally access software or bypass security on web sites or servers, including but not limited to spamming.

attempts to impersonate a Microsoft employee, agent, manager, host, administrator, moderator, another user, or any other person through any means.

promotes or otherwise facilitates the purchase and sale of ammunition or firearms.

contains or could be considered "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate marketing" or unsolicited commercial advertisement.

mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.

attempts to manipulate the Services, including ranking and reputation systems in the Services, by violating any of the provisions of this TOU, colluding with others on voting or using multiple profiles.

offers to make international money transfers for amounts exceeding the asking price of an item, with intent to request a refund of any portion of the payment.

contains advertising for money making schemes, discount cards, credit counseling, online surveys, or online contests.

You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Microsoft, unless such functionality is included in a Microsoft-created device or computer program.

Section 12: No Warranty

THE SERVICE IS PROVIDED "AS IS" AND UNSUPPORTED. MICROSOFT AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS (COLLECTIVELY, "MICROSOFT PARTIES") MAKE NO (AND DISCLAIMS ALL) REPRESENTATIONS, GUARANTEES, OR WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY GUARANTY, REPRESENTATION, OR WARRANTY ON THE CONDITION, CONFORMITY TO ANY DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS IN THE SERVICE OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MICROSOFT WILL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN THE SERVICE.

Section 13: Copyright and Trademarks

All content of the Service, except user-generated content, are Copyright © 2013 Microsoft. All rights reserved. Copyright and other intellectual property laws and treaties protect any Software and Materials provided as part of the Service. Microsoft or its suppliers own the title, copyright and other intellectual property rights in the Software and Materials.

Information on Microsoft trademarks is available at http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Trademarks/Default.aspx. These terms do not grant or imply any rights to any Microsoft or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Section 14: Copyright Claim Notice and Procedure

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service provider’s designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.

Section 15: Limitation of Liability

You can recover from Microsoft and its suppliers, in the aggregate and for all successful claims, only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.

This limitation applies to anything related to this TOU, for example:

The Service;

Any Software;

Loss of data;

Your content, third-party content (including code), third-party programs, third-party services or websites, or third party conduct;

Viruses or other disabling features that affect your access to or use of the Service or any Software;

Incompatibility between the Service and other services, software, or 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; or

Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation strict liability; negligence; or other tort.

It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose, or Microsoft knew or should have known about the possibility of the damages.

These terms do not affect the statutory rights of any consumer. They also do not exclude or restrict liability for death or personal injury arising from Microsoft’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

Section 16: Assignment

Microsoft may assign, transfer, sell, rent, lend, or otherwise dispose our rights and obligations under this contract. Microsoft may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Service to any other party. Any attempt to do so is void.

Section 17: Links to Third Party Sites

The Service may contain links to third party websites that will let you leave Microsoft’s site. These websites are not under Microsoft’s control. Microsoft makes no effort to review the content of these websites. This includes the validity, legality, copyright compliance, and decency of such content. Microsoft is not responsible for the content of these websites. This includes: (a) webcasting or any other form of transmission received from any linked site; (b) any links contained in a linked site; and (c) any changes or updates to such sites. If Microsoft has included these links in the Service, they are provided to you as a convenience only. Microsoft does not endorse or make any representation, guarantee, or assurance regarding any third-party website, service, or product. Any third party product or service that you acquire, and any exchange of data between you and such third party provider, is solely between you and the third party. Third party websites may be subject to the third party’s terms, conditions, and privacy statements. Microsoft may disable links to any third-party website that you or others post on this Service.

Section 18: Unsolicited Ideas

Microsoft and its employees do not accept or consider unsolicited ideas. This includes ideas for new advertisement campaigns, promotions, products, technologies, processes, materials, marketing plans, and product names. Please do not send any artwork, samples, demos, or other works to Microsoft or anyone at Microsoft. The purpose of this policy is to avoid misunderstandings or disputes when Microsoft’s products or marketing strategies seem similar to ideas submitted to Microsoft. If you send them anyway, please understand that Microsoft will not treat your ideas or materials as confidential or proprietary.

Section 19: Force Majeure

Microsoft will not be liable for any loss or damage or be deemed to be in breach of this TOU due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, loss of or change in Internet connectivity, terrorist attacks, earthquakes, or acts of God.

Section 20: Interpretation

All parts of this TOU apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this TOU as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this TOU will not change. This TOU, together with any codes of conduct and other notices we provide, is the entire contract between Microsoft and you regarding the Service. It supersedes any other contract or statements related to the Service (except for any License Agreement, as applicable to any Software). Also, if you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a Service). The section titles in the TOU do not limit the other terms of this contract.

Section 21: Governing Law and Venue

This TOU is governed by and construed in accordance with the laws of the state of Washington, without reference to its choice of law principles to the contrary. Each party hereby consents to the jurisdiction and venue of the state and federal courts located in King County, Washington, with regard to any suit or claim arising under or by reason of this TOU.

Section 22: Our Notices to You; Your Notices to Us

This TOU is in electronic form. We have the right to send you information about the Services in electronic form. There may be information about the Services that the law requires us to send to you. We may send this information to you in electronic form. We may provide required information to you

by e-mail at the e-mail address you specified when you signed up for the Service, or

by access to a Microsoft 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 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 notices electronically, you must stop using the Service.

Last updated July 2016