Section 1 Description of Services
Microsoft provides you with access to PhotoDNA Cloud Service (the “Service”), which is an application operated by Microsoft that calculates the unique digital signature of an image and matches that signature against those of other photos to determine whether the image contains illegal content, such as child pornography. Access to this platform does not provide you with direct access to the secure set of digital signatures stored on Microsoft’s servers.
Section 2 Acceptance of Terms
By using the Service you agree to the following terms. Microsoft may update these terms with or without notice to you by posting new terms. You can view the most current version of the terms by clicking in the Terms of Service section of the Microsoft Azure Marketplace hypertext link located in the right hand pane of the Service offer page. Your use of certain elements of the Service may be subject to additional guidelines, posted notices, or codes of conduct. These are incorporated by reference into these terms.
Section 3 Reserve 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, your right to use the Service stops immediately.
Section 4 Compliance with Applicable Legal Requirements
You agree to comply with all applicable legal requirements that arise from your use of the Service. Such legal requirements may include, but are not limited to, laws regarding the privacy of end-users and laws requiring the reporting of any facts or circumstances from which you obtain actual knowledge of an apparent violation of child pornography laws to the National Center for Missing and Exploited Children (NCMEC).
You authorize Microsoft to provide aggregate reports to NCMEC that summarize the number of images you uploaded on the Service that match the signatures of known child pornography images. You authorize Microsoft to identify you in these reports. You understand that such reports do not relieve you of any legal requirements that might arise from your use of the Service, including, but not limited to, your obligation to file NCMEC reports. . Any information that Microsoft provides to you regarding the use of the Service is not a substitute for the advice of your own legal counsel.
Section 5 Indemnification and Hold Harmless
You agree, that to the fullest extent permitted by law, you will defend (including by payment of attorney’s fees), pay on behalf of, indemnify, and hold harmless Microsoft, its officers, directors, employees, agents, and assigns against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from Microsoft, its officers, directors, employees, agents, and assigns, that arise from your use of the Service.
Section 6 Service Account
If any part of the Service requires you to open an account, you must provide current, complete, and accurate information in the registration form. 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. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your account or password.
Section 7 Use Restrictions
When using the Service you must comply with these terms, and all applicable laws. You must also obey any policies, codes of conduct, and notices Microsoft provides. 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:
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:
- Use the Service to harm, threaten, or harass another person, organization, or Microsoft;
- Misrepresent your identity or interfere with any other party's use and enjoyment of the Service;
- Damage, disable, overburden, or impair the Service (or any network connected to the Service);
- Resell or redistribute any part of the Service or access to 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;
- Obtain (or try to obtain) any data from the Service or related hardware, except the data that Microsoft intends to make available to you; or
- Use the Service or related hardware to design, develop, or update unauthorized software.
Preview releases. We may make available Previews. PREVIEWS ARE PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” AND ARE EXCLUDED FROM SERVICE LEVEL AGREEMENTS AND LIMITED WARRANTY. Previews may not be covered by customer support. Previews may be subject to reduced or different security, compliance, and privacy commitments, as further explained in the Microsoft Privacy Statement, Trust Center, and any additional notices provided with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into “General Availability.”
- any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process, or governmental request; or
- edit, refuse to post or to remove any information or materials, in whole or in part.
Section 8 Reservation of Rights
Services and Website. 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.
Software. If you use or receive software from Microsoft as part of the Service ("Software"), its use is governed by one of two sets of license terms; if you're presented with a license for the Software, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Software not expressly granted by Microsoft under these license terms.
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 Materials Posted
All materials, including software, help topics, white papers, datasheets, and FAQs (collectively the “Materials”) that are made available from the Service are the copyrighted work of Microsoft or its suppliers. Your use of these Materials are governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:
Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, Microsoft does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless Microsoft does so expressly in writing.
- Remove, modify or tamper with any copyright notices;
- Use the Materials for any commercial purposes;
- Post the Materials on any networked computer for access by any other computer on the network or broadcast it in any media; or
- Make any modifications to the Materials.
Some Materials available from this Service are licensed to you by third parties. Microsoft does not grant you any additional rights (express or implied) for such third party Materials.
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. Images submitted to the Service will not be retained by Microsoft unless you expressly indicate this preference. You control who may access your content. If you share content in public areas of the Service or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content. You grant these rights solely in connection with the Service and other products and services made available by Microsoft.
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 share 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 sharing 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 publish 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.
Section 12 No Warranty
- Microsoft provides the Service "as is," "with all faults," and "as available."
- Microsoft does not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the Service.
- Microsoft does not guarantee that the Service will be uninterrupted, secure, error-free, or that data loss will not occur.
- Computer and telecommunications systems are not fault-free and occasional periods of downtime will occur.
- Microsoft gives no express warranties, guarantees, or conditions. Microsoft disclaims all warranties with regard to the Service. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement).
- You may have additional consumer rights under your local laws that these terms cannot change.
Section 13 Copyright and Trademarks
All content of the Service, except user-generated content, are Copyright © 2014 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/en-us/legal/intellectualproperty/trademarks . 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
The aggregate liability you can recover under this agreement is limited to direct damages up to the amount paid under this Agreement for the Services giving rise to that liability during the 12 months before the liability arose, or for Products provided free of charge, Five Thousand United States dollars ($5,000.00 USD). You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.
This limitation applies to anything related to these terms, for example:
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.
- The Service;
- Loss of data;
- Your content, third party content (including code), 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, 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; and
- Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; strict liability; negligence; or other tort.
Section 16 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 17 Governing Law
Contracting party, choice of law, and location for resolving disputes.
- If you live in or your business is headquartered in North or South America you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington State law governs the interpretation of these terms and applies to claims for breach of them, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to these terms.
- If you live in or your business is headquartered in Europe you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to these terms.
- If you live in or your business is headquartered in the Middle East or Africa you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of these terms and apply to claims for breach of them, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to these terms.
- Unless your country is specifically called out below, if you live in or your business is headquartered in Asia or the South Pacific you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and the Washington State law governs these terms, regardless of conflict of law principles. Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.
- If you live in or your business is headquartered in Japan you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern these terms and any matters arising out of or relating to them. You and Microsoft irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to these terms.
- If you live in or your business is headquartered in China you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those Services, Washington State law governs these terms, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive.
- If you live in or your business is headquartered in Korea you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern these terms. You and Microsoft irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to these terms.
- If you live in or your business is headquartered in Taiwan you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern these terms. You and Microsoft irrevocably designate the Taipei District Court as the court of first instance having jurisdiction