Code of Conduct

This Code of Conduct applies to Microsoft Photosynth and other services that allow users to post or share content with others, when those services display or link to this Code of Conduct (the ‘services’). Please read the Code of Conduct and any supplemental information below for additional details about particular services that you may use.

• Member Qualifications
• Prohibited Uses
• Termination and Cancellation
• Rights and Responsibilities

Member Qualifications

The services are designed for individuals 13 years of age or older.

As a user of the service you will uphold this Code of Conduct, and are responsible for all activities and content you post/upload.

In addition to upholding this Code of Conduct, you are responsible for adhering to all applicable local and national laws.

Prohibited Uses

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 Code of Conduct.
• 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 thereto 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 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 Code of Conduct, 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 Corporation.

Termination and Cancellation

Microsoft reserves the right, at its sole discretion, and without any obligation to do so, to review and remove user-created services and content at will and without notice, and delete content and accounts. Microsoft reserves the right, at its sole discretion, to ban participants or terminate access to services.

Rights and Responsibilities

We encourage you to not share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their children to keep them safe online.

Microsoft is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.

You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.

You may use the Report Abuse button to report violations of this Code of Conduct.

Microsoft reserves the right to amend or change the Code of Conduct or any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance.

Some information you provide or upload to the service may be stored outside of the country in which you reside.

All activity on the service is also governed by the Photosynth Terms of Use.

Thank you for using the services and honoring this Code of Conduct!

Terms of Use

Microsoft Service Agreement for Microsoft Photosynth

1. What the Contract Covers.

   This is a contract between you and Microsoft Corporation. Sometimes Microsoft is referred to as "we," "us" or "our". This contract applies to Microsoft Photosynth, including updates, that you use while this contract is in force. All of the software or services are referred to in this contract as the "service."

   Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 11 and 12 and we ask you to read them carefully.

2. When You May Use the Service.

   You may start using the service right away and you can start uploading photos as soon as you have finished the sign-up process. Features of the service, including the amount of storage and the number of Synth Views available to you differ depending on whether you are creating public or unlisted synths, and whether you obtain a Commercial License. You can find out more about the various features and how to obtain a Commercial License by going to http://photosynth.net/commercial.aspx

3. How You May Use the Service.

   In using the service, you will:
   • obey the law;
   • obey any codes of conduct or other notices we provide;
   • obey the Microsoft Anti-spam Policy, which is available at http://privacy.msn.com/anti-spam;
   • keep your service account password secret; and
   • promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service.

   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 parties"), or any customer of a Microsoft party;
   • 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, or "meta-searching"), except as expressly allowed by Microsoft;
   • 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.

5. You Are Responsible For Your Service Account.

   Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not authorize any third party to access and/or use the service on your behalf.

6. Your Materials.

   You may be able to submit materials for use in connection with the service. The service includes publicly accessible areas ("public areas of the service") and areas to which you can control access by others ("shared and private areas of the service"). You understand that Microsoft does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the materials you post or provide on the service, and you reserve all other rights (including copyrights) in your materials. However, with respect to content you post or provide you grant to those members of the public to whom you have granted access (for content posted on shared and private areas of the service) or to the public (for content posted on public areas of the service) free, unlimited, worldwide, and nonexclusive permission to:

   • use, modify, copy, distribute and display the content solely in connection with the service;
   • publish your name in connection with the content; and
   • grant these rights to others.

   The service may also enable you to include licenses that allow Microsoft or third parties to use your materials other than as permitted herein, but such licenses are not applicable to use of your materials in connection with the service. Microsoft is not responsible for third parties violating the license you provide.

   All rights granted herein terminate when you remove your content from the service.

   You understand that Microsoft may need to make copies, change the format, transcode or otherwise process content posted on the service, including on shared and private areas of the service, in order to:

   • store and retrieve the content;
   • make the content available to you and those members of the public to whom you have granted access;
   • conform to connecting networks' technical requirements; or
   • conform to the limitations and terms of the service.

   Microsoft owns and may use without restriction the calculations and analyses that it creates as a result of processing your materials and may continuing using the same, even after you remove your materials from the service.

   Microsoft may use and display your materials posted on public areas of the service in Windows Live, Bing, MSN, or in any future online services.

   This section applies only to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 6 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.

7. Privacy.

   We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Microsoft, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

   We may use technology or other means to protect the 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.

   In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the privacy policy at http://go.microsoft.com/fwlink/?LinkId=74170.

8. Software.

   If you receive software from us as part of the 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, 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.

9. Microsoft Authentication Network.

   We may provide you with credentials on our authentication network to use with the service. You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including the delivery of and payment for goods. This contract applies to you whenever you use the credentials you obtained with the service. When you use our authentication network to gain access to any site, the terms and conditions for that site, if different from this contract, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases.

10. How We May Change the Contract.

    If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.

11. WE MAKE NO WARRANTY.

    We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. The Microsoft 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.

12. LIABILITY LIMITATION.

    You cannot recover any 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 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.

13. Changes to the Service; If We Cancel the Service.

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

14. Interpreting the Contract.

    All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

15. Assignment.

    We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

16. No Third Party Beneficiaries.

    This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

17. Claim Must Be Filed Within One Year.

    Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

18. Your Notices to Us.

    You may notify us as stated in the customer support or "help" area for the service. We do not accept e-mail notices.

19. Notices We Send You; Consent Regarding Electronic Information.

    This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service 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 your service. 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 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 any notices electronically, you must stop using the service.

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. See Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm .

Copyright and Trademark Notices

All contents of the service are Copyright © 2006 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, Windows, Windows Live, Windows logo, MSN, MSN logo (butterfly), 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. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Microsoft web sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.

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.

Support

Customer support is not offered for the service, unless the materials we publish in connection with a particular service specifies that it includes customer support.