(Revised Febraury 2012)


The myTechEd Web Site is made up of various internet web pages and services operated by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 or its affiliates (collectively, the "myTechEd Web Site").


Acceptance of Terms of Use

Throughout the myTechEd Web Site, Microsoft provides you with access to a variety of resources, including download and upload areas, content, software, communication forums, member messaging and social networking (collectively the "Services"). The Services include any updates, enhancements, and/or new features that Microsoft may provide from time to time.


The Services are subject to these myTechEd Terms of Use ("TOU") and to Microsoft’s standard corporate terms of use (“MS TOU”), which is incorporated into this TOU by this reference, to which a link is be provided at the bottom of a myTechEd web page. The MS TOU governs your use of the myTechEd Web Site in any areas not specifically addressed in this TOU. Microsoft reserves the right to update the TOU or the MS TOU at any time without notice to you. The most current version of the TOU and MS TOU can be reviewed by clicking on the appropriate link on either the home page or the “sign in” page for the myTechEd Web Site.


The myTechEd Web Site may also contain additional terms that govern particular pages, features, or offers (for example, content submission terms, sweepstakes rules, or rules or codes of conduct applicable to “chat” areas.


Use of Site Space

Any space provided to you on the myTechEd Web Site is for you to use to participate in the myTechEd community. While you may use designated areas of the myTechEd Web Site to provide supplemental information regarding your own business (provided you do not use spam to provide this information), you may not use the myTechEd Web Site to sell your goods or services or as the primary mechanism for operating your business or providing core information about your business. Any use of the myTechEd Web Site for commercial purposes is solely at your own risk, Microsoft has no liability for such use, and you agree to hold Microsoft harmless for any claims related to your use of the myTechEd Web Site for commercial purposes.


Software, Content and Performance Data Availabile on the myTechEd Web Site

Microsoft, its suppliers and other users of the Service may from time to time make available software, applications and/or content to view or download from the Services ("Software"). This Software is the copyrighted work of Microsoft, its suppliers, and/or other users of the Services (e.g. a forum poster). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). By downloading, installing, or using any such Software that has an associated License Agreement, you are agreeing to the terms of the License Agreement as applied to that Software.


If there is not a License Agreement presented to you, Microsoft hereby grants you, a limited, personal, non-exclusive, revocable license to use the Software only for and during the authorized use of the Services and/or the other product to which the software relates. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software unless we or our suppliers have expressly allowed you to do so.


No Unlawful or Prohibited Use

In using the Services, you may not, except as expressly permitted in the rights granted for any feature of the Services:

  • engage in, facilitate, or further hostile, deceptive, immoral or unlawful conduct;
  • use the Services in a way that harms or offends fellow users, Microsoft or our advertisers, affiliates, resellers, distributors, and/or vendors, or other third parties using the myTechEd Web Site or the Services;
  • use any portion of the Services to deliver, or as a destination linked to or from any, unsolicited bulk messages or unsolicited commercial messages ("spam");
  • use any automated process or service to access and/or use the Services (such as a BOT, a spider, periodic caching of information stored by Microsoft, or "meta-searching");
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Services;
  • damage, disable, overburden, or impair the Services (or the network(s) connected to the Services) or interfere with anyone else's ability to access or use the Services;
  • resell or redistribute the Services, or any part of the Services;
  • disrupt, or try to gain unauthorized access to, any account, computer, hardware, or network related to the Services;
  • obtain (or try to obtain) any data from the Service or related hardware, except data that we intend to provide or make available to you;
  • use the Service or related hardware to design, develop, or update unauthorized software; or
  • use or distribute unauthorized cheats, macros, or scripts.

Use of Communication Services

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
  • Use any material or information, including images, photos, sounds, 3D Models, or any other content, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines that may be applicable to any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Post links to websites that violate this TOU or the myTechEd Code of Conduct.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Microsoft has no obligation to monitor the Communication Services. Microsoft reserves the right, however, to review materials posted to the Communication Services and to remove any materials in its sole discretion. Microsoft also reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason or no reason.


In addition, Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.


Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Microsoft does not control or endorse the content, messages, or information found in any Communication Services and, therefore, Microsoft specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. “Managers” and “hosts” of any Communication Services are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.


Materials Provided to Microsoft or Posted on the myTechEd Web Site

You or other users using the Services may be able to submit materials for use in connection with the Services. You understand that Microsoft does not control or endorse this “user content” that you and others post or provide on the Services. Except for material that we license to you, we do not claim ownership of the user content on the Services. With respect to your posted user content, you grant to the public and to Microsoft, free, unlimited, worldwide, nonexclusive, perpetual, and irrevocable permission to:


  • use, modify, copy, distribute, and display the content in connection with the service and other Microsoft products and services;
  • publish your name, identifier, or other information you supply in connection with the content; and
  • grant these rights to others.
  • If the submission is or contains a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. You understand that we may need to make copies, change the format, transcode, or otherwise process content posted on the Services, including on shared and private areas of the Services, 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 Services.

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


Warranty Disclaimer

WE PROVIDE THE SERVICES "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 UNDER OR IN RELATION TO THE SERVICE, THIS CONTRACT OR ITS SUBJECT MATTER. WE EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.


Limitation of Liability

YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS AND AFFILIATES (IN THE AGGREGATE) ONLY DIRECT DAMAGES UP TO A TOTAL, AGGREGATE AMOUNT EQUAL TO THE TOTAL ANNUAL PRICE, IF ANY, OF YOUR myTechEd MEMBERSHIP OR 100 U.S. DOLLARS, WHICHEVER IS LESS. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES.


This limitation applies to anything related to:

  • the Services;
  • content (including code) on third party Internet sites, third party programs (such as games), or third party conduct, including, without limitation, user content;
  • viruses or other disabling features that affect your access to or use of the Services;
  • incompatibility between the Services 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 Services 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 is in respect of a fundamental breach or breach of a fundamental term; or
  • Microsoft knew or should have known about the possibility of damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion 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.


Links to Third Party Sites

The myTechEd Web Site may contain links to third party web sites. The linked sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Links are only provided as a convenience, and the inclusion of a link does not imply endorsement by Microsoft of the linked site.


Changes to the Service; If We Cancel the Services

We may change the Services or delete or discontinue features or other content at any time and for any reason (or no reason). We may cancel or suspend your Services at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Services cancellation, your right to use the Services stops right away. Once the Services are cancelled or suspended, any data you have stored on the Services may not be retrieved later.


Interpreting the TOU

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 we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this TOU will not change. This is the entire contract between you and us regarding your use of the Services. It supersedes any prior contract or statements regarding your use of the Services. If you have confidentiality obligations related to the Services, those obligations remain in force even after termination or cancellation of the Services (for example, you may have been a beta tester). The section titles in this TOU are for convenience only and do not limit the terms of this TOU.


Governing Law and Jurisdiction

Except to the extent prohibited by local law, this TOU is governed by the laws of the state of Washington, which apply to the interpretation of this TOU and to any claims for breach of it, regardless of conflict of laws principles. You 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 this TOU.


OFF