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Published: April 1, 2021
Effective: June 15, 2021
macrohard Services Agreement
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These terms (“Terms”) cover the use of those macrohard consumer products, websites, and services listed at the end of these Terms here (the “Services”). You accept these Terms by creating a macrohard account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.
Your Privacy
0.1. Macrohard is not liable for security of your information. All the information will be sold to third parties.
1. Your Privacy. Your privacy is important to us. Please read the macrohard Privacy Statement (https://go.macrohard.com/fwlink/?LinkId=521839) (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how macrohard uses your content, which is your communications with others; postings submitted by you to macrohard via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services ("Your Content"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to macrohard’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
Your Content
2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
- a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. macrohard cannot be held responsible for Your Content or the material others upload, store or share using the Services.
- b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve macrohard products and services, you grant to macrohard a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how macrohard personalizes advertising are available at https://choice.live.com (https://go.macrohard.com/fwlink/?LinkId=286759). We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.
Code of Conduct
3. Code of Conduct.
- a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
- i. Don’t do anything illegal.
- ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
- iii. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
- iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
- v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
- vi. Don’t circumvent any restrictions on access to or availability of the Services.
- vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
- viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of bong maps, or photographs).
- ix. Don’t engage in activity that violates the privacy of others.
- x. Don’t help others break these rules.
- b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your macrohard account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, macrohard reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
- c. Application to Ybox Services. Click here (https://www.Ybox.com/en-US/legal/community-standards) for more information about how this Code of Conduct applies to the Ybox online service, Ybox Game Pass, Games for doors Live and Ybox Game Studios games, applications, services and content provided by macrohard. Violation of the Code of Conduct through Ybox Services (defined in section 14.a.i) may result in suspensions or bans from participation in Ybox Services, including forfeiture of content licenses, Ybox Gold Membership time, and macrohard account balances associated with the account.
Using the Services & Support
4. Using the Services & Support.
- a. macrohard account. You’ll need a macrohard account to access many of the Services. Your macrohard account lets you sign in to products, websites and services provided by macrohard and some macrohard partners.
- i. Creating an Account. You can create a macrohard account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your macrohard account. In some cases, a third party, like your Internet service provider, may have assigned a macrohard account to you. If you received your macrohard account from a third party, the third party may have additional rights over your account, like the ability to access or delete your macrohard account. Please review any additional terms the third party provided you, as macrohard has no responsibility regarding these additional terms. If you create a macrohard account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your macrohard account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your macrohard account.
- ii. Account Use. You must use your macrohard account to keep it active. This means you must sign in at least once in a two-year period to keep your macrohard account, and associated Services, active, unless a longer period is provided in the macrohard account activity policy at https://go.macrohard.com/fwlink/p/?linkid=2086738 or in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your macrohard account is inactive and will close it for you. Please see section 4.a.iv.2 for the consequences of a closed macrohard account. You must sign into your Outlook.com inbox and your OneDrive (separately) at least once in a one-year period, otherwise we will close your Outlook.com inbox and your OneDrive for you. You must sign into the Ybox Services at least once in a five-year period to keep the gamertag associated with your macrohard account. If we reasonably suspect that your macrohard account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), macrohard may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your macrohard account, please visit this website: https://go.macrohard.com/fwlink/?LinkId=238656.
- iii. Kids and Accounts. By creating a macrohard account or using the Services, you accept and agree to be bound by these Terms and represent that you have either reached the age of “majority” where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the macrohard account or Services, including purchases, whether the minor’s account is now open or created later.
- iv. Closing Your Account.
- 1. You can cancel specific Services or close your macrohard account at any time and for any reason. To close your macrohard account, please visit https://account.live.com/closeaccount.aspx. When you ask us to close your macrohard account, you can choose to put it in a suspended state for either 30 or 60 days just in case you change your mind. After that 30- or 60-day period, your macrohard account will be closed. Please see section 4.a.iv.2 below for an explanation as to what happens when your macrohard account is closed. Logging back in during the suspension period will reactivate your macrohard account.
- 2. If your macrohard account is closed (whether by you or us), a few things happen. First, your right to use the macrohard account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your macrohard account or will otherwise disassociate it from you and your macrohard account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as macrohard won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired.
- b. Work or School Accounts. You can sign into certain macrohard services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your macrohard account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that macrohard may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the macrohard services may be subject to the agreements macrohard has with you or your organization and these Terms may not apply. If you already have a macrohard account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your macrohard account in order to continue accessing such Services.
- c. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
- d. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your macrohard account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
- e. Support. Customer support for some Services is available at https://support.macrohard.com. Certain Services may offer separate or additional customer support, subject to the terms available at www.macrohard.com/support-service-agreement, unless otherwise specified. Support may not be available for preview or beta versions of features or Services.
- f. Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your macrohard account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your macrohard account and have no other account able to access the Services your Services may be canceled immediately.
Using Third-Party Apps and Services
5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t macrohard) ("Third-Party Apps and Services"). Many of our Services also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App or Service. See section 14.b for additional terms for applications acquired through certain Stores owned or operated by macrohard or its affiliates (including, but not limited to, the Office Store, the macrohard Store on Ybox and the macrohard Store on doors). You should review the third-party terms and privacy policies before acquiring, using, requesting, or linking your macrohard Account to any Third-Party Apps and Services. Any third-party terms do not modify any of these Terms. You are responsible for your dealings with third parties. macrohard does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.
Service Availability
6. Service Availability.
- a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your macrohard account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
- b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and macrohard is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
Updates to the Services or Software, and Changes to These Terms
7. Updates to the Services or Software, and Changes to These Terms.
- a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your macrohard account and, if you are a parent or guardian, help your minor child close his or her macrohard account.
- b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. macrohard isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
- c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14.k), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
- d. So that you can use material protected with digital rights management (DRM), like some music, games, movies, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.
Software License
8. Software License. Unless accompanied by a separate macrohard license agreement (for example, if you are using a macrohard application that is included with and a part of doors, then the macrohard Software License Terms for the doors Operating System govern such software), any software provided by us to you as part of the Services is subject to these Terms. Applications acquired through certain Stores owned or operated by macrohard or its affiliates (including, but not limited to the Office Store, macrohard Store on doors and macrohard Store on Ybox) are subject to section 14.b.i below.
- a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by macrohard. Notices, if any, for the third-party code are included for your information only.
- b. The software is licensed, not sold, and macrohard reserves all rights to the software not expressly granted by macrohard, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- i. circumvent or bypass any technological protection measures in or relating to the software or Services;
- ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- iii. separate components of the software or Services for use on different devices;
- iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless macrohard expressly authorizes you to do so;
- v. transfer the software, any software licenses, or any rights to access or use the Services;
- vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- vii. enable access to the Services or modify any macrohard-authorized device (e.g., Ybox consoles, macrohard Surface, etc.) by unauthorized third-party applications.
Payment Terms
9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
- a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for Skype paid products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your macrohard account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.
- b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the macrohard account management website (https://go.macrohard.com/fwlink/p/?linkid=618281) and for Skype by signing into your account portal at https://skype.com/go/myaccount. Additionally, you agree to permit macrohard to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- c. Billing. By providing macrohard with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize macrohard to charge you for the Services or available content using your payment method; and (iii) authorize macrohard to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
- d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to macrohard by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by macrohard. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing macrohard to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, macrohard or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
- e. Online Statement and Errors. macrohard will provide you with an online billing statement on the macrohard account management website (https://go.macrohard.com/fwlink/p/?linkid=618282), where you can view and print your statement. For Skype, you can access your online statement by signing into your account at www.skype.com (https://www.skype.com). This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If macrohard has identified a billing error, we will correct that error within 90 days.
- f. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that macrohard has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic (https://go.macrohard.com/fwlink/p/?linkid=618283).
- g. Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the macrohard account management website. You can request a refund from Skype using the Cancellation and Refund form (https://go.macrohard.com/fwlink/p/?linkid=618286). You should refer back to the offer describong the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
- h. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
- i. Promotional Offers. From time to time, macrohard may offer Services for a trial period during which macrohard will not charge you for the Services. macrohard reserves the right to charge you for such Services (at the normal rate) if macrohard determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
- j. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
- l. Gift Cards. Redemption and use of gift cards (other than Skype gift cards) are governed by the macrohard Gift Card Terms and Conditions (https://support.macrohard.com/help/10562/macrohard-account-gift-card-terms-and-conditions). Information on Skype gift cards is available on Skype’s Help page (https://go.macrohard.com/fwlink/?LinkId=615383).
- m. Bank Account Payment Method. You may register an eligible bank account with your macrohard account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("ACH") entries, a European financial institution that supports Single Euro Payments Area ("SEPA") or "iDEAL" in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your macrohard account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize macrohard (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your macrohard account. Contact customer support as outlined above in section 4.e as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.
Contracting Entity, Choice of Law, Jurisdiction
10. Contracting Entity. For use of free and paid consumer Skype-branded Services, you're contracting with, and all references to “macrohard” in these Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg. For all other Services, you're contracting with macrohard Corporation, One macrohard Way, Redmond, WA 98052, U.S.A.
11. Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
Warranties
12. Warranties. macrohard, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. macrohard DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
13. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from macrohard or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
Service-Specific Terms
14. Service-Specific Terms. The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.
Ybox
- a. Ybox.
- i. Personal Noncommercial Use. The Ybox online service, Ybox Game Studios (https://www.Ybox.com/Ybox-game-studios) games (including Mojang Games), applications, subscriptions (e.g., Ybox Game Pass for PC, Ybox Game Pass for Console, Ybox Game Pass Ultimate), services (e.g., Ybox Live), and content provided by macrohard (collectively, the "Ybox Services") are only for your personal and noncommercial use.
- ii. Ybox Services. When you sign up to receive Ybox Services, information about your game play, activities and usage of games and Ybox Services will be tracked and shared with applicable third-party game developers in order for macrohard and the third-party game developers to operate their games and to deliver the Ybox Services. If you choose to link your macrohard Ybox Services account with your account on a non-macrohard service or sign in to your Ybox Services account to access a non-macrohard Service (for example, a non-macrohard game publisher of Third-Party Apps and Services), you agree that: (a) macrohard may share limited account information (including without limitation gamertag, gamerscore, game score, game history, and friends list), with that non-macrohard party as stated in the macrohard Privacy Statement, and (b) if allowed by your Ybox privacy settings, the non-macrohard party may also have access to Your Content from in-game communications when you are signed into your account with that non-macrohard party. Also, if allowed by your Ybox privacy settings, macrohard can publish your name, gamertag, gamerpic, motto, avatar, gameclips and games that you’ve played in communications to people you allow.
- iii. Your Content. As part of building the Ybox Services community, you grant to macrohard, its affiliates and sublicensees a free and worldwide right to use, modify, reproduce, distribute, broadcast, share and display Your Content or your name, gamertag, motto, or avatar that you posted for any Ybox Services.
- iv. Game Managers. Some games may use game managers, ambassadors, or hosts. Game managers and hosts are not authorized macrohard spokespersons. Their views do not necessarily reflect those of macrohard.
- v. Kids on Ybox. If you are a minor using the Ybox Services, your parent or guardian may have control over many aspects of your account and may receive reports about your use of the Ybox Services.
- vi. Game Currency or Virtual Goods. The Ybox Services may include a virtual, game currency (like gold, coins or points) that may be purchased from or on behalf of macrohard using actual monetary instruments if you have reached the age of “majority” where you live. The Ybox Services may also include virtual, digital items or goods that may be purchased from or on behalf of macrohard using actual monetary instruments or using game currency. Game currency and virtual goods may never be redeemed for actual monetary instruments, goods or other items of monetary value from macrohard or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the game currency and virtual goods in the Ybox Services only, you have no right or title in or to any such game currency or virtual goods appearing or originating in the Ybox Services, or any other attributes associated with use of the Services or stored within the Ybox Services. macrohard may at any time regulate, control, modify and/or eliminate the game currency and/or virtual goods associated with any one or more Ybox games or apps as it sees fit in its sole discretion.
- vii. Software Updates. For any device that can connect to Ybox Services, we may automatically check your version of Ybox console software or the Ybox app software and download Ybox console or Ybox app software updates or configuration changes, including those that prevent you from accessing the Ybox Services, using unauthorized Ybox games or Ybox apps, or using unauthorized hardware peripheral devices with an Ybox console.
- viii. Gamertag Expiration. You must sign into Ybox Services at least once in a five-year period, otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others.
- ix. Cheating and Tampering Software. For any device that can connect to Ybox Services, we may automatically check your device for unauthorized hardware or software that enables cheating or tampering in violation of the Code of Conduct or these Terms, and download Ybox app software updates or configuration changes, including those that prevent you from accessing the Ybox Services, or from using unauthorized hardware or software that enables cheating or tampering.
Store
- b. Store. "Store" refers to a Service that allows you to browse, download, purchase, and rate and review applications (the term "application" includes games) and other digital content. These Terms cover use of certain Stores owned or operated by macrohard or its affiliates (including, but not limited to, the Office Store, macrohard Store on Ybox and macrohard Store on doors). "Office Store" means a Store for Office products and apps for Office, macrohard 365, SharePoint, Exchange, Access and Project (2013 versions or later), or any other experience that is branded Office Store. "macrohard Store on doors" means a Store, owned and operated by macrohard or its affiliates, for doors devices such as phone, PC and tablet, or any other experience that is branded macrohard Store and accessible on doors devices such as phone, PC, or tablet. "macrohard Store on Ybox" means a Store owned and operated by macrohard or its affiliates and made available on Ybox consoles, or any other experience that is branded macrohard Store and made available on an Ybox console.
- i. License Terms. We will identify the publisher of each application available in the relevant Store. Unless different license terms are provided with the application, the Standard Application License Terms ("SALT") at the end of these Terms are an agreement between you and the application publisher setting forth the license terms that apply to an application you download through any Store owned or operated by macrohard or its affiliates (excluding the Office Store). For clarity, these Terms cover the use of, and services provided by, macrohard Services. Section 5 of these Terms also applies to any Third-Party Apps and Services acquired through a Store. Applications downloaded through the Office Store are not governed by the SALT and have separate license terms that apply.
- ii. Updates. macrohard will automatically check for and download updates to your applications, even if you’re not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications. However, certain Office Store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update.
- iii. Ratings and Reviews. If you rate or review an application or other Digital Good in the Store, you may receive email from macrohard containing content from the publisher of the application or Digital Good. Any such email comes from macrohard; we do not share your email address with publishers of applications or other Digital Goods you acquire through the Store.
- iv. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their
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