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TERMS OF USE

Thank you for your interest in joining The Coalition Army!

The Coalition Army is operated by The Coalition, a subsidiary of Microsoft, Suite 600, 858 Beatty Street, Vancouver, BC, V6B1C1, Canada

Membership to The Coalition Army Program is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of The Coalition Army constitutes your agreement to all such terms, conditions, and notices. The Coalition Army requires all users to be over the age of eighteen (18), and be in full ownership of all accounts registered for the program. The Coalition reserves the right to request proof of ownership at any time, and may terminate your account if The Coalition deems sufficient proof has not been received.

By registering for The Coalition Army, you agree that your email may be used by The Coalition to email both direct and group communications regarding elements of the program. You may opt out of the program at the bottom of every e-mail or via our website’s Profile Page.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement at https://go.microsoft.com/fwlink/?LinkID=521839 for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE

Microsoft reserves the right to change the terms, conditions, and notices under which The Coalition Army is offered, including but not limited to the charges, if any, associated with the use of The Coalition Army. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, The Coalition Army is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Xbox.com Web Site.

LINKS TO THIRD PARTY SITES

The Coalition Army Program may contain links to or feeds from other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site or any association with its operators.

Any dealings with third parties (including advertisers) included within or available via a link from The Coalition Army or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Microsoft shall not be responsible or liable for any part of any such dealings or promotions.

NO LAWFUL OR PROHIBITED USE

As a condition of your use of The Coalition Army, you warrant to Microsoft that you will not use The Coalition Army for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

YOUR CONTENT IN THE COALITION ARMY PROGRAM

The Coalition does not claim ownership of the materials you provide or post, upload, input or submit to any linked accounts while part of The Coalition Army Program or its associated services (collectively “Submissions”). However, by opting in to The Coalition Army Program, you are granting Microsoft permission to share in connection with the operation of their businesses including, without limitation, the rights to: transmit, publicly display, publicly perform, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Other than the use restrictions outlined in ‘USE OF THE COALITION ARMY BRAND AND ASSETS’, The Coalition does not make any demands on the content of your materials regarding the Gears of War franchise while involved in this program.

Microsoft develops a large number and wide variety of products and services. Microsoft is not responsible for any similarity between its products and services and your idea. You agree that there is no contract or understanding between you and Microsoft regarding your submission, and no obligation to keep your submission confidential. No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to review, post, or use any Submission you may provide and may remove any Submission at any time in Microsoft’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, and that use of the Submission will not violate any rights of others.

USE OF THE COALITION ARMY BRAND AND ASSETS

The Coalition Army may contain assets, branding and media for use by members of the program. By opting in, you agree to use any and all elements only in ways that are proper and related to the particular assets provided. By way of example, and not as a limitation, you agree that when using any material provided by the program, you will not use them to:

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, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Re-upload or otherwise make available any content provided through The Coalition Army, unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless The Coalition Army specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Falsify or delete any 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.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.

Your use of The Coalition Army is also subject to Microsoft’s Code of Conduct Explained for Xbox Live Customers.

The Coalition has no obligation to monitor The Coalition Army Program. However, The Coalition reserves the right to review materials posted using material provided by The Coalition Army Program, and to remove any materials in its sole discretion. Microsoft reserves the right to terminate your access to any or all of The Coalition Army Program at any time without notice for any reason whatsoever.

The Coalition reserves the right at all times to disclose any information as 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 The Coalition ‘s sole discretion.

The Coalition does not control or endorse the content, messages or information using The Coalition Army materials and, therefore, Microsoft specifically disclaims any liability with regard to The Coalition Army and any actions resulting from your participation in The Coalition Army. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.

USE OF XBOX LIVE

Some content and features of The Coalition Army may only be accessed by if you are a subscriber to the Xbox Live service and have a valid Microsoft Account. Content and features on the Xbox Live area are subject to the Microsoft Services Agreement which may be accessed from the Xbox Live area. To establish access to these Xbox Live features, you will be asked validate your Xbox Live subscriber status by signing in with your Microsoft Account. Because information personal to your Xbox Live subscription will thereafter be available to you via the Xbox Live, you are entirely responsible for maintaining the confidentiality of your Microsoft Account password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account on the Xbox Live. Microsoft will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account. You may not use anyone else’s account at any time, without the permission of the account holder. If at any time you no longer wish to access the Xbox Live and/or information related to your Xbox Live subscription, contact customer support at 1.800.4MY.XBOX.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COALITION ARMY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COALITION ARMY AT ANY TIME. ADVICE RECEIVED VIA THE COALITION ARMY SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MICROSOFT CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE COALITION ARMY FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT MICROSOFT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COALITION ARMY. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDING MATERIALS FROM THE COALITION ARMY BY ANY THIRD PARTY.

IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE COALITION ARMY, WITH THE DELAY OR INABILITY TO USE THE COALITION ARMY OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COALITION ARMY, OR OTHERWISE ARISING OUT OF THE USE OF THE COALITION ARMY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COALITION ARMY, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COALITION ARMY.

TERMINATION/ACCESS RESTRICTION

Microsoft reserves the right, in its sole discretion, to terminate your access to any or all elements of The Coalition Army and the related services or any portion thereof at any time, without notice.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If you live in or your business is incorporated in the United States of America then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to 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. If you live in or your business is incorporated in the United States of America you consent to the exclusive jurisdiction and venue of state and federal courts in King County, Washington, USA for all disputes relating to this contract or the Service.

If you live in or your business is incorporated outside of the United States of America all claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country in which you reside and the courts in the country in which you reside will have exclusive jurisdiction over all disputes arising out of or relating to this contract.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of The Coalition Army. You agree to indemnify and hold Microsoft, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct from The Coalition Army. Microsoft reserves the right to disclose any personal information about you or your use of The Coalition Army, including its contents, without your prior permission if Microsoft has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Microsoft or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Microsoft’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Microsoft’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Coalition Army or information provided to or gathered by Microsoft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Microsoft with respect to The Coalition Army and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to The Coalition Army. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of The Coalition Army Program are: Copyright © 2016 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052 U.S.A. All rights reserved. Microsoft, Xbox, Xbox Live, the Xbox logos, and/or other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement (https://www.microsoft.com/info/cpyrtInfrg.aspx).

ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.