Effective Date: 11/01/2017
-This Privacy Policy describes the policies and procedures of Bitly, Inc. -("Bitly", "we" or "us") on the collection, use, security and disclosure of information about you on https://bitly.com (the "Site") and the services, features, content or applications offered by Bitly (collectively with the Site, the "Services"). + - Language -EnglishFrançaisDeutscheEspañol日本語 BITLY PRIVACY POLICY
Effective Date: March 12, 2019
++Welcome to Bitly. +This Privacy Policy describes the policies and procedures of Bitly, Inc. +("Bitly", "we" or "us") on the collection, use, +security and disclosure of personal information about you on https://bitly.com (the "Site") and the services, +features, content or applications offered by Bitly (collectively with the Site, the "Services"). It also describes your choices regarding use, access and correction of your personal information. -Bitly receives information about you from various sources, such as: (i) when you register for the Site and the Services, through your user account with Bitly (your "Account"). -(ii) when you use the Services. -and (iii) from third party websites and services. -When you use the Services, you are consenting to the collection, transfer, storage, disclosure and other uses of your information as described in this Privacy Policy. -The information you provide may be transferred, processed and/or accessed by us in the United States or another country where we (or our service providers) operate.
-EU-U.S. -Privacy Shield and Swiss-U.S. -Privacy Shield -Bitly, Inc. +
+SCOPE ++Bitly, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. -We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework's applicable Principles. +We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, +to the Framework's applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce's Privacy Shield List. -[https://www.privacyshield.gov]
-Bitly, Inc. -is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. -Bitly, Inc. -complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
-With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Bitly, Inc. -is subject to the regulatory enforcement powers of the U.S. -Federal Trade Commission. -In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
-If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
-Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
-What Does This Privacy Policy Cover? -This Privacy Policy covers the treatment of the information gathered by Bitly when you use or access the Services. -This Privacy Policy also covers Bitly's treatment of any information about you that Bitly's business partners share with Bitly or that Bitly shares with its business partners.
-This Privacy Policy does not apply to the practices of other businesses that Bitly does not own or control, including other companies' websites, services and applications ("Third Party Services") that you can access through the Services, such as Facebook or Twitter, or to individuals that Bitly does not manage or employ. -While we attempt to partner with only those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. -We encourage you to review the privacy policies of any Third Party Services you access.
-What Information Does Bitly Collect and How is it Used? -The information we collect is primarily used to provide the Services, to process and complete any transactions, to respond to inquiries, to personalize and improve the Services, to monitor and analyze usage and trends of the Services, and to allow our business partners to understand how you interact with our Services, as described in this Policy. -In connection with certain aspects of the Services, we may request, collect and/or display some information about you. -We collect the following types of information from our users.
-Registered User Information: -When you create an Account, we will collect personal information from you, such as your name and email address. -If you create an Account using your login from another account, such as Facebook or Twitter, we will access and collect the personal information about you that the account provides (which is based on your privacy settings), so that you can create your Account with us. -We use your contact information to send you information about our Services. -You may unsubscribe from receiving certain types of these messages through your Account settings, although Bitly reserves the right to contact you when we believe it is necessary, such as for administrative and account management purposes.
--Note regarding children: We do not knowingly collect personal information from children. -If we learn that we have collected personal information of a child under 13, we will take steps to delete such information from our files as soon as possible.
-URL Information: -One feature of the Services is the ability to create shortened uniform resource locators (URLs) of websites ("Bitly Links"). -When you create a Bitly Link, Bitly collects and stores both the original URL and the shortened URL and, if you are logged in to your Account, we will associate that information with your Account. -Bitly also collects and stores your IP address, the time and date on which you shortened the original URL, and when you share the Bitly Link and information on the channels through which the Bitly Link was shared.
-Metrics and Analytics: -Bitly collects information about accesses (such as clicks) of every Bitly Link created through the Services. -This information includes, but is not limited to: (i) the IP address and physical location of the devices accessing the Bitly Link. +[https://www.privacyshield.gov] +
++This Privacy Policy does not apply to the practices of other businesses that Bitly does not own or control, including other companies' websites, +services and applications ("Third Party Services") that you can access through the Services, such as Facebook or Twitter, or to individuals that Bitly does not manage or employ. +We cannot take responsibility for the content or privacy policies of those Third Party Services. +We encourage you to review the privacy policies of any Third Party Services you access. +
+INFORMATION WE COLLECT ++Bitly may collect personal information about you as described in this Privacy Policy when you (i) register for the Site and the Services, through your user account with Bitly, +including registering through a third-party social networking service (your "Account"), (ii) use the Services, or (iii) view or interact with a Bitly link (either our bit.ly links or one of our branded domains) on a third-party website. +We collect the following types of information from you, some of which might be considered personal information under applicable law. +
+When You Register for a Bitly Account ++When you create an Account, we may collect personal information from you, such as your name, phone number, company name, industry, job title, company size and email address. +If you create an Account using your login from a third-party account, such as Google, Facebook or Twitter, we will access and collect the personal information about you that the third-party account provides (which is based on your privacy settings with the third-party account), +so that you can log into your Account with us. +We use your contact information to send you information about our Services and communicate with you about your Account, your activities on our Site and Services and policy changes. +You may unsubscribe from receiving certain types of these messages through your Account settings, although Bitly reserves the right to contact you when we believe it is necessary, such as for administrative and account management purposes. +
++Some features of the Services allow registered users to provide their own content to the Services, such as written descriptions of URLs, comments, images and video. +Unless you request deletion of your personal information as described in this Privacy Policy, all content submitted by you to the Services may be retained by Bitly, +even after you terminate your Account and may continue to be shared by third parties, as described in this Privacy Policy. +
+When You Create a Bitly Link ++One feature of the Services is the ability to create shortened uniform resource locators (URLs) of websites ("Bitly Link" or "Bitlinks"). +Users can create Bitly Links without registering for an account. +When you create a Bitly Link, +Bitly collects and stores both the original URL and the shortened URL and, if you are logged in to your Account, we will associate that information with your Account. +Bitly also collects and stores your IP address, your location, +which we derive from your IP address, the time and date on which you shortened the original URL, and if you share a Bitly Link on a social networking platform, the name of the platform and your username on that platform. +
+When You Interact With a Bitly Link ++Bitly automatically collects personal information about the interaction (such as clicks or views) with every Bitly Link created through the Services (either our bit.ly links or one of our branded domains) on a third-party website. +This information includes, but is not limited to: (i) the IP address and location derived from the IP address. (ii) the referring websites or services. (iii) the time and date of each access. -and (iv) information about sharing of the Bitly Link on Third Party Services such as Twitter and Facebook. -This information is used by Bitly and its partners to improve their websites and services by, for example, providing value-added features, and to analyze clicks on Bitly Links, for example to understand how, when and where Bitly Links are clicked.
-User Content: -Some features of the Services allow you to provide content to the Services, such as written descriptions of URLs, comments, images and video. -For example, using the Bundles feature, Bitly users can curate and "bundle together" a set of links, and can add content to those Bundles, such as comments and videos. -All content submitted by you to the Services may be retained by Bitly, even after you terminate your account, and may continue to be shared by third parties, as described in this Privacy Policy.
-Information Collected From Third Party Services: -Some features of the Services allow you to share your content and Bitly Links through your accounts with other companies such as Facebook and Twitter. -If you choose to connect Bitly to such Third Party Services, we may collect information related to your use of those Third Party Services, such as authentication tokens that allow us to connect to your Third Party Service accounts. +(iv) device settings, such as browser type, +operating system, and language. +(v) cookies, as described below, and mobile advertising identifiers and (v) information about sharing of the Bitly Link on Third Party Services such as Twitter and Facebook (collectively, “Bitly Link Metrics”). +As described in this policy, we use Bitly Link Metrics to provide the Services, to understand and analyze how our Services are used and to identify trends, and to detect, deter and prevent malicious, fraudulent or unlawful activity. +Please see the “Information We May Share” section of this Privacy Policy for a description of how we may share information we collect when you create, view or interact with Bitly Links. +
+Other Information We Automatically Collect ++When you visit the Site, we automatically collect (i) your IP address and location derived from the IP address. +(ii) the referring websites or services. +(iii) the time and date of each access. +(iv) device settings, such as browser type, +operating system, and language. +and (v) cookie information. +This type of data enables us and third parties authorized by us to figure out how often individuals use parts of the Site so that we can analyze and improve them. +
++We may receive a confirmation when you open an email from us. +We use this confirmation to improve our customer service. +
++Bitly may use third-party APIs and software development kits (“SDKs”) to provide certain functions in our Services. +
+Third Party Services ++Some features of the Services allow you to share your content and Bitly Links through your accounts with other companies such as Facebook and Twitter. +If you choose to connect Bitly to such Third Party Services, +we may collect information related to your use of those Third Party Services, such as authentication tokens that allow us to connect to your Third Party Service accounts. We will ask you for permission before you authorize our collection of this information. We will only use that information for the specific reason for which it was provided to us. We may also collect information about how you are using the Services to interact with those connected Third Party Services. -Note that Third Party Services may have the ability to restrict the information that is provided to us based on your privacy settings of that account.
-Information Collected Automatically: -Bitly and its partners use cookies or similar technologies to analyze trends, administer the website, track users' movements around the website, and to gather demographic information about our user base as a whole.
-+To enable us to infer the location from the IP addresses of computers or devices that visit our website or click, view or interact with Bitly links as described in this policy, +we receive IP-based location information from our third-party service provider. +We also receive business contact information of our business customer contacts and prospects from our third party service provider. +
+Cookies and Other Similar Technologies ++Bitly and its partners use cookies or similar technologies to analyze trends, administer the website, track users' movements around the website, and to gather demographic information about our user base as a whole. +
++Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. -We use cookies to enable our servers to recognize your web browser and tell us how and when you visit our Site and use the Services through the web.
+Bitly cookies also allow Bitly to track when you have clicked on a Bitly Link. Each click of a Bitly Link is tracked using a unique identifier assigned to you in one or more cookies stored by your web browser and associated with Bitly. -We may associate the unique identifier in our cookies with the other information we automatically collect when you use the Services, as described above, including your IP address, Bitly Links you click, Bitly Links you create, and information with your Account if you have one.
+Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. If you disable cookies, you will not be able to use some features of the Services. -Bitly cookies are set to automatically expire after 6 months from when they are set.
In order to manage cookies on Bitly Links: Click Here.
-In order to manage cookies on Bitly.com: Click Here.
-The Services are designed to help you share information with others. -As a result, much of the information generated through the Services is shared publicly or with third parties.
-We may share the information we collect as described in this policy with third-party business partners, for instance, for the purpose of enhancing our products and services, so that they can market their products or services to you, or so that they may analyze trends about the creation of, and clicks on, Bitly Links. -If you do not want us to share your personal information with these companies, contact us at support@bitly.com.
-Bitly Links and Usage Information: -Much of your activity on and through the Services is public by default. -This includes, but is not limited to:
+ ++We partner with third parties to track utilization and behavior on our websites, display advertising on our websites, and to manage our advertising on other sites. +Our third-party partners may use cookies, web beacons, +pixel tags or similar technologies in order to provide you advertising based upon your browsing activities and interests. +If you wish to opt out of interest-based advertising click here or if located in the European Union click here. +
++This Privacy Policy covers the use of cookies by Bitly only and does not cover the use of cookies by any Third Party Services. +Bitly does not control when or how third parties place cookies on your computer, +such as when you visit the website from a Bitly Link. +You can manage other companies’ cookies used for online advertising by visiting the Digital Advertising Alliance’s Consumer Choice Page. +
+Opt-Out Mechanisms ++You may ask Bitly not to associate your web browser or IP address with visits to the Bitly.com website or Bitly Links that you create or click by clicking on the appropriate links below. +If you would like to opt-out of the Bitly Links, +please click on the opt-out choice for Bitly Links below. +This will install a cookie on your browser that instructs our servers not to associate your IP address and browser with Bitly Links you create, click or view. +If you clear your cookies in your browser, you will need to click on the opt-out choice again after each time you clear your cookies. +To be clear, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. +Cookie-based opt-outs are not effective on mobile applications. +However, on many mobile devices, application users may limit tracking via their device settings. +Please note that if you use these opt-out mechanisms, +will still automatically collect the IP addresses of computers or mobile devices that click on or create Bitly Links. +we just won’t associate them with your browser or Bitly account. +
+Cookies on Bitly Links: Click Here.
+Cookies on Bitly.com: Click Here.
+Note Regarding Children ++We do not knowingly collect personal information from children. +If we learn that we have collected personal information of a child under 13 (or older as required by applicable law), +we will take steps to delete such information from our files as soon as possible. +
+HOW WE USE INFORMATION ++We use the personal information we collect for a variety of administrative and business purposes to: +
Registered users may have some of this information associated with their Accounts. -Unregistered users will not have this association, but, as described above, Bitly collects and stores information concerning their use of the Services (such as what Bitly Links they click on, when they clicked, the IP address of their computers when they clicked, etc.) through the use of cookies and automatically collected information.
-For registered users, some of this information is publicly accessible through a unique URL, which you can make non-public through your Account settings when you are logged in. -Removing access to the unique URL does not, however, make this information non-public, and it may still be accessible through other means, such as Bitly's API services.
-Please also remember that if you choose to provide information about yourself using certain features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available to others.
-IP Address Information: -While we collect and store IP address information, that information is not shared publicly. -As described above, we may share IP address information we collect when you create or click a Bitly Link with our business partners, service providers and other organizations with whom we conduct business for the purposes described in this policy.
-Information You Elect to Share: -When creating a Bitly Link, you can share that Bitly Link through Third Party Services. -Any information that you elect to distribute through Third Party Services is provided to them and may then become accessible to users of those services. +
+We may use the information we collect to make inferences that a unique individual has created or interacted with Bitly links on different devices so that we can to detect, +deter and prevent malicious, fraudulent or unlawful activity and analyze how users use our Services. +For example, if you created a Bitly link on a computer connected to your residential WiFi network, +and you soon thereafter clicked on a Bitly link on a mobile device connected to the same WiFi network, we may infer that a single individual created and clicked on the Bitly links because both events were associated with the same IP address in the same time period. +
+Other Legitimate Interests ++We also may use personal information to pursue legitimate interests, such as direct marketing, research (including marketing research), network and information security, prevention of fraudulent, +malicious and unlawful activities, or any other purpose disclosed to you at the time you provide personal information or allowed by law. +
+INFORMATION WE SHARE ++The Services are designed to help you share information with others. +In addition, we provide Services to our Customers that use Bitly Link Metrics. +As a result, some of the personal information generated through your use of the Services is shared publicly or with third parties as described below. +
+Bitly Links You Create ++Much of your activity on and through the Services is public by default. +For example, when you create a Bitly Link, +the original URLs you have shortened and the corresponding Bitly Links are publicly available. +
+Account Information ++Where permitted by law, if you register a Bitly Account with an email address on a domain owned by an organization, (for example, an employer or educational institution where you have an email account), +we may share your email address and information about your Account, such as the number of links you have created, with that organization to explore the organization’s interest in creating or managing an enterprise account or for related purposes. +
+Information We Share With Customers ++We may share the personal information we collect as described in this Privacy Policy with our customers. +When you create a Bitly Link of one of our enterprise customer’s sites, the enterprise customer is able to view the unshortened original URL, +the date and time the Bitly Link was created, the location where it was created as derived from your IP address, and aggregated information about clicks and views of the Bitly Links, including the number of times the Bitly Link was shared, whether or not it was viewed, +comparison of that Bitly Links performance to that of all Bitly Links pointing to the same content, whether others are sharing a Bitly Link to the same content, geographic regions where the content is being viewed, and identification of social networks on which the Bitly Links appear. +In addition, we may share Bitly Link Metrics with customers to help them detect, deter and prevent malicious, fraudulent or unlawful activity. +
+Information You Elect to Share ++When creating a Bitly Link, you can share that Bitly Link through Third Party Services. +Any information that you elect to distribute through Third Party Services, such as a social network post you create, +may then become accessible to users of those services. You can also access other Third Party Services through the Services, for example by clicking on links in the Statistics page for a Bitly Link. -We recommend that you review the terms of services and privacy policies of such Third Party Services that you access through the Services, since Bitly does not control and is not responsible for the privacy practices of these Third Party Services.
-To opt out from having information about your clicks on Bitly Links shared with our business partners, please opt-out using the link provided on this page.
-User Profile Information: -User profile information including your username, Twitter handle and Facebook account name (to the extent you have linked your Account with those services), and other information you enter may be displayed to other users to facilitate user interaction within the Services. -Users' email addresses will not be directly revealed to other users by Bitly.
-Information Shared with Service Providers of Bitly: -We may employ and contract with third parties to perform certain tasks on our behalf and under our direction (our "Service Providers"). -We may need to share information about you with our Service Providers in order to provide our product with research and analytics on user behavior and to provide advertising products and services to users, and email marketing and support services. -Unless we tell you differently, our Service Providers do not have any right to use the information we share with them beyond what is necessary to assist us. -Transfers to subsequent third parties are covered by the service agreements with our Clients.
-Information Disclosed Pursuant to Business Transfers: -We may transfer and/or provide information about our users in connection with an acquisition, sale of company assets, or other situation where user information would be transferred as one of our business assets. -You will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.
-In such a case, the acquirer of Bitly may continue to use your information as set forth in this policy.
-Information Disclosed for the Protection of Bitly and Others: -Bitly may access, read, preserve, and disclose any information it collects when it has a good faith belief that doing so is reasonably necessary to (i) comply with a law, regulation, or compulsory legal request, including process from a governmental law enforcement or national security agency (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Bitly, its users and the public. -This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
-Information We Share With Your Consent: -We will share information about you when you instruct us to do so, such as when you share Bitly Links or content with others through the Services or if we notify you that the information you provide will be shared in a particular manner and you provide such information (like sharing/posting it with a Third Party Service).
-How Is My Information Protected? -Your Account information is protected by a password for your privacy and security. -You can prevent unauthorized access to your account by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
-Bitly endeavors to protect the information it collects about its users using industry-standard security processes and controls, however, despite these efforts, no security measure is perfect or impenetrable and Bitly does not guarantee or warrant that such measures will prevent unauthorized access to the information about you that is stored by Bitly. +We recommend that you review the terms of services and privacy policies of such Third Party Services that you access through the Services since Bitly does not control and is not responsible for the privacy practices of these Third Party Services. +
+Information Shared with Service Providers ++We may employ and contract with third parties to perform certain tasks on our behalf and under our direction (our "Service Providers"). +We may need to share information about you with our Service Providers in order to provide our product with research and analytics on user behavior and to provide advertising products and services to users, +to process payments, and to provide email marketing and support services. +Our agreements with these Service Providers authorize them to use your information only as necessary to provide services to us. +Transfers to subsequent third parties are covered by the service agreements with our Clients. +
+Information Disclosed Pursuant to Business Transfers ++We may transfer and/or provide information about our users in connection with an acquisition, sale of company assets, or other situation where user information would be transferred as one of our business assets. +You will be notified via email and/or a prominent notice on our website. +
++In such a case, the acquirer of Bitly may continue to use your information as set forth in this policy or as otherwise allowed by law. +
+Information Disclosed for the Protection of Bitly and Others ++Bitly may access, read, preserve, and disclose any information it collects when it has a good faith belief that doing so is reasonably necessary to (i) comply with a law, regulation, or compulsory legal request, +including process from a governmental law enforcement or national security agency, (ii) enforce the Privacy Policy or Terms of Service, including investigation of potential violations hereof, (iii) detect, deter, +prevent or otherwise address malicious, fraudulent or unlawful activity, (iv) respond to user support requests, or (v) protect the rights, property or safety of Bitly, its users and the public. +This includes exchanging information with other companies and organizations for protection from malicious, fraudulent or unlawful activity. +
+Information We Share With Your Consent ++We will share information about you when you instruct us to do so, such as when you share Bitly Links or content with others through the Services or if we notify you that the information you provide will be shared +in a particular manner and you provide such information (like sharing/posting it with a third-party Service). +
+INTERNATIONAL TRANSFERS +EU-U.S. +PRIVACY SHIELD AND SWISS-U.S. +PRIVACY SHIELD ++Bitly, Inc. +participates in and has certified its compliance with the EU-U.S. +Privacy Shield Framework and the Swiss-U.S. +Privacy Shield Framework. +We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, +to the Framework's applicable Principles. +To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. +Department of Commerce's Privacy Shield List. +[https://www.privacyshield.gov] +
++Bitly, Inc. +is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. +Bitly, Inc. +complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. +
++With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Bitly, Inc. +is subject to the regulatory enforcement powers of the U.S. +Federal Trade Commission. +In certain situations, we may disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. +
++If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at +https://feedback-form.truste.com/watchdog/request. +
++Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], +you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. +
++The information you provide may be transferred, processed and/or accessed by us in the United States or another country where we (or our service providers) operate. +
+RETENTION ++We retain the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, +conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. +
+INFORMATION SECURITY ++Your Account information is protected by a password for your privacy and security. +You can prevent unauthorized access to your Account by selecting and protecting your password appropriately, making use of two-factor authentication, +and limiting access to your computer and browser by signing off after you have finished accessing your Account. +
++Bitly endeavors to protect the information it collects about its users using industry-standard security processes and controls, however, despite these efforts, +no security measure is perfect or impenetrable and Bitly does not guarantee or warrant that such measures will prevent unauthorized access to the information about you that is stored by Bitly. In the event we experience a breach of security, we will promptly notify you if your personal information has been compromised, in accordance with applicable law. -If you have any questions about the security of your personal information, you can contact us at support@bitly.com.
-What Choices Do I Have and What Information of Mine Can I Access? -You don't need an account to create Bitly Links and you can use many of the features of the Services without registering, thereby limiting the type of information that is collected about you individually.
-Upon request, Bitly will provide you with information about whether we hold any of your personal information. -In order to identify you, we may need to request additional information from you in order to respond to your request. -You may access, correct, or request deletion of your personal information by logging into your account or contacting us at support@bitly.com. -We will respond to your request within a reasonable timeframe. -In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
-Bitly acknowledges that you have the right to access your personal information. -Bitly has no direct relationship with the individuals whose personal data it processes. -An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Bitly's Client (the data controller). -If requested to remove data we will respond within a reasonable timeframe. -In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
-If you are a registered user, you can access information associated with your Account by logging into the Site. -This information includes a history of the URLs you have shortened, and access to the metrics pages for those URLs. -You can deactivate your Account at any time through your Account settings page. -If you deactivate your Account, you will no longer be able to access or use the Services.
-Please note that in the interest of ensuring that existing Bitly Links continue to function for all of our users, the Bitly Links that you have created and shared cannot be deleted or disabled (even if your Account is deactivated), and any shortening and sharing activity that has already occurred on your Account also cannot be deleted (but your user history can be set to private from within your Account settings). -If you have concerns about any unauthorized usage of your Account, please contact us at support@bitly.com and we will disable future shortening activity on your Account.
-If you are not a registered user, you can access the metrics pages for your Bitly Links by adding the "+" symbol to the end of the URL.
-What Happens When There Are Changes to this Privacy Policy? -Bitly may amend this Privacy Policy from time to time. -Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. -If we make material changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email and we will indicate when those changes will become effective. -You are agreeing to be bound by any changes to the Privacy Policy when you use the Services after those changes become effective.
-What If I Have Questions or Concerns? -If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to: support@bitly.com. -We will make every effort to resolve your concerns.
+If you have any questions about the security of your personal information, +you can contact us at support@bitly.com. + +CHOICE AND ACCESS +You don't need an Account to create Bitly Links, and you can use many of the features of the Services without registering, thereby limiting the type of information that is collected about you individually.
++Bitly acknowledges that you have the right to access your personal information that we collect and are able to associate with you. +If you have a Bitly Account, you may access, correct, or request deletion of your personal information by logging into your Account. +Once logged in to your account, you will be able to view a history of the URLs you have shortened and the metrics pages for those URLs. +You can request a complete copy of the personal information we store about your account by clicking the Request GDPR SAR Report button in your Account Settings. +For more information on how to request access to your information, please see our help article. +You can delete your Account at any time through your Account settings page. +If you delete your Account, you will no longer be able to access or use the Services. +If you have an Account but are unable to access it, +you can contact us at support@bitly.com. +We will respond to your request within a reasonable time frame. +In certain circumstances, we may be required by law to retain your personal information. +
++If you do not have a Bitly account, Bitly has no way of identifying you or verifying that you created or clicked on a Bitly link. +
++Please note that in the interest of ensuring that existing Bitly Links continue to function for all of our users, the Bitly Links that you have created and shared cannot be deleted or disabled (even if your Account is deleted), +and any shortening and sharing activity that has already occurred on your Account also cannot be deleted. +If you have concerns about any unauthorized use of your Account, you can delete your account within your Account settings. +
++Please see the Cookie section above for additional choices you may have. +
+SUPERVISORY AUTHORITY ++If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our Processing of your Personal Information violates applicable law. +
CHANGES TO THIS PRIVACY POLICY+Bitly may amend this Privacy Policy from time to time. +If we make material changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email, +and we will indicate when those changes will become effective. +You are agreeing to be bound by any changes to the Privacy Policy when you use the Services after those changes become effective. +
+QUESTIONS? ++If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to: support@bitly.com. +We will make every effort to resolve your concerns. +
+You may also contact us at 139 Fifth Avenue, 5th Floor, New York, NY 10010.
diff --git a/crawl_reviewed/bit.ly/Terms of Service.txt b/crawl_reviewed/bit.ly/Terms of Service.txt index cc66bb9cae..fb8751bd10 100644 --- a/crawl_reviewed/bit.ly/Terms of Service.txt +++ b/crawl_reviewed/bit.ly/Terms of Service.txt @@ -1,647 +1,448 @@ - Bitly Terms of ServiceThese Bitly Terms and Conditions (“Agreement”) are entered into as of the date of registration for and/or first use of -the Bitly Products (“Effective Date”), by and between Bitly, Inc. -(“Bitly”) and the customer listed in said registration -information (“Customer”). -By registering for or using the Bitly Products, Customer acknowledges that it is agreeing -to the terms of this Agreement. -If Customer disagrees with the terms of this Agreement, Bitly does not grant and/or -Bitly may immediately terminate Customer’s right to access or use the Bitly Products.
+ Bitly Terms of ServiceLast Updated: March, 2019
-THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. -PLEASE READ THEM CAREFULLY, SINCE THEY -AFFECT YOUR LEGAL RIGHTS. +Bitly, Inc. +(“Bitly,” “we” or “our”) provides URL shortening, custom-branded link, +and link management and analytics products and services to its users (collectively, +the “Bitly Services”). +Please read these Terms of Service (the “Agreement”) carefully, +as they govern your access to and use of the Bitly Services and constitutes a binding legal agreement between you and Bitly. +If you accept this Agreement or use the Bitly Services on behalf of a company or other legal entity, +you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, +in such event, “you”, “your” and “Customer” will refer and apply to that company or other legal entity. +If you have been granted access to and use of the Bitly Services by and on behalf of the primary account holder, +whether directly or through an administrator, you also agree to abide by this Agreement. +In addition to this Agreement, Customer’s use of the Bitly Services is governed by the Bitly Privacy Policy and Bitly’s DMCA Copyright Policy.
-WHEREAS, Customer desires to enter into this Agreement to access and use the Bitly Application Programming Interface -(“API”), user interface, platform, website, plugins, software and related documentation and materials provided by -Bitly to Customer (collectively, “Bitly Products”);
--WHEREAS, Bitly desires to grant Customer the right to access and use the Bitly Products in strict accordance -with this Agreement;
+ +YOU ACKNOWLEDGE AND AGREE THAT, BY CREATING A BITLY ACCOUNT, PURCHASING A PAID ACCOUNT, +OR ACCESSING OR USING THE BITLY SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. +IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE BITLY SERVICES. + +-NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, -the parties agree as follows:
+ +THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER AS DESCRIBED IN THE ARBITRATION SECTION BELOW. +YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. + +- -Arbitration. - While Bitly will make reasonable efforts to resolve any disagreements Customer may -have with Bitly, if these efforts fail Customer agrees that all claims, disputes or controversies -against Bitly arising out of this Agreement ("Claims") are subject to fixed and binding arbitration, -no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory -relief) they seek. -This includes Claims based on contract, tort (including intentional tort), fraud, -agency, negligence, statutory or regulatory provisions, or any other sources of law. -Claims made -as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. -and Claims made independently -or with other claims. -The party filing arbitration must submit Claims to the American Arbitration -Association and follow its rules and procedures for initiating and pursuing an arbitration. -Any arbitration -hearing that Customer attends will be held at a place chosen by the American Arbitration Association -in the same city as the U.S. -District Court closest to Customer’s then current residential address, -or at some other place to which the parties agree in writing, and the arbitrator shall apply New -York law consistent with the Federal Arbitration Act. -Customer shall not be entitled to join or consolidate -Claims in arbitration by or against other users or customers or to arbitrate any Claim as a representative -or member of a class or in a private attorney general capacity. -Customer may obtain copies of the -current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration -Association using the contact information noted below.
--
-American Arbitration Association --
-A single, neutral arbitrator will resolve Claims. -The arbitrator will be either a lawyer with at least -ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of -the American Arbitration Association. -The arbitration will follow the procedures and rules of the -American Arbitration Association which are in effect on the date the arbitration is filed unless -those procedures and rules are inconsistent with this Agreement, in which case this Agreement will -prevail. -Those procedures and rules may limit the discovery available to the parties. -The arbitrator -will take reasonable steps to protect customer account information and other confidential information -if requested to do so by the parties. -Each party to the arbitration will bear the expense of that -party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, -but a party may recover any or all expenses from another party if the arbitrator, applying applicable -law, so determines. -The arbitrator's award is final and binding on the parties unless either party -appeals it in writing within fifteen (15) days of notice of the award. -The appeal must request a -new arbitration before a panel of three neutral arbitrators designated by the American Arbitration -Association. -An award by a panel is final and binding on the parties after fifteen (15) days has -passed. -
-In the event this arbitration clause is not enforceable by the specified arbitration organization, the -parties will mutually agree upon another arbitration organization that will enforce this clause.
+Limitation for Bringing Claims. To the fullest extent permitted by law, Customer agrees any Customer claim or cause of action arising out of, related to or connected with the use of the Bitly Services, Bitly Link Metrics or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. +
-MICROSOFT TERMS OF SALE
United States and Canada Consumer Store
-
Updated February 2017
-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 28. -IT AFFECTS HOW DISPUTES ARE RESOLVED. -
-Welcome to Microsoft’s online and retail Stores operated by Microsoft Corporation ("Microsoft," "We," "Us," "Our"), located at One Microsoft Way, Redmond, WA 98052, USA. +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 28. +IT AFFECTS HOW DISPUTES ARE RESOLVED.
+Welcome to Microsoft’s online and retail Stores operated by Microsoft Corporation ("Microsoft," "We," "Us," "Our"), located at One Microsoft Way, Redmond, WA 98052, USA.
"Store" refers to our online and retail venues that allow you to browse, view, acquire, purchase, and rate and review products and services including devices, game consoles, digital content, applications, games, services, and more. These Terms of Sale ("Terms of Sale") cover use of the Microsoft Store, Office Store, Xbox Store, Windows Store, and other Microsoft services that refer to these Terms of Sale (collectively "Store"). Through the Store, Microsoft provides access to a variety of resources, including download areas, software, tools, and information about software, services and other merchandise (collectively "Services"). The term "Store" includes Services. Many of the products, services and content offered in the Store are offered by entities other than Microsoft. -By using the -Store -, -or -by - acquiring products or services from the -Store -, you accept and agree to these Terms of Sale, Microsoft's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). We encourage you to read the Store Policies carefully. -YOU MAY NOT USE THE STORE IF YOU DO NOT AGREE TO THE STORE POLICIES. -
+By using the +Store +, +or +by + acquiring products or services from the +Store +, you accept and agree to these Terms of Sale, Microsoft's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). We encourage you to read the Store Policies carefully. +YOU MAY NOT USE THE STORE IF YOU DO NOT AGREE TO THE STORE POLICIES.If we have a Microsoft Retail Store located in your country or region, it may have different or additional policies. -Microsoft may update or amend any policies without notice at any time. -
+Microsoft may update or amend any policies without notice at any time.
-TERMS RELATING TO YOUR USE OF THE STORE
-
+TERMS RELATING TO YOUR USE OF THE STORE
1.
-Member Account.
- If the Store requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form.
+Member Account.
+ If the Store requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form.
You may also be required to accept a service agreement or separate terms of use as a condition of opening the account.
Your use of the account to access the Store and content you have acquired from the Store is subject to all of the terms governing the Microsoft account.
For more information, please see the Microsoft Services Agreement.
-You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account.
-
2. -No Unlawful or Prohibited Use. As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. +No Unlawful or Prohibited Use. As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any Microsoft server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including Microsoft. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
3. -Materials You Provide to Microsoft or Post in the Store. - Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback, ratings, reviews and suggestions) or post, upload, input or submit to the Store or associated Microsoft services for review by others (each a "Submission" and collectively "Submissions"). +Materials You Provide to Microsoft or Post in the Store. + Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback, ratings, reviews and suggestions) or post, upload, input or submit to the Store or associated Microsoft services for review by others (each a "Submission" and collectively "Submissions"). However, you grant Microsoft a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submission, including your name, in any media. If you publish your Submission in areas of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the products, services and content offered in the Store. -You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to Microsoft, on a worldwide basis and for the duration of these rights. -
+You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to Microsoft, on a worldwide basis and for the duration of these rights.No compensation will be paid with respect to the use of your Submission. Microsoft is under no obligation to post or use any Submission and Microsoft may remove any Submission at any time in its sole discretion. -Microsoft takes no responsibility and assumes no liability for your Submissions or the material others post, upload, input or submit using the Store. -
+Microsoft takes no responsibility and assumes no liability for your Submissions or the material others post, upload, input or submit using the Store.If you rate or review an application in the Store, you may receive email from Microsoft which contains content from the publisher of the application.
4. -Links to Third-Party Websites. +Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These 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. 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. Your use of the third-party website may be subject to that third party’s terms and conditions.
-Terms Relating to the Sale of Products AND SERVICES to You +Terms Relating to the Sale of Products AND SERVICES to You
5. -Geographic Availability. +Geographic Availability. Available products and services may vary depending on your region or device. In addition, there may be limits on where we can ship goods, or provide services or digital content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.
6. -End Users Only. +End Users Only. You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.
7. -Export Limitations. +Export Limitations. Products and services acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
8. -Billing. +Billing. By providing Microsoft with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate. (ii) authorize Microsoft to charge you for any products, services or available content purchased using your payment method. and (iii) authorize Microsoft to charge you for any paid feature of the Store that you choose to sign up for or use. @@ -92,40 +87,37 @@ Also, we may charge you up to the amount you have approved, and we will notify y 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. See the Automatic Renewal section below.
If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. -If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service. -
+If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.9. -Recurring Payments. +Recurring Payments. When you purchase products, services or content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Microsoft by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Microsoft or otherwise in accordance with its terms. By authorizing recurring payments, you are authorizing Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or 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, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.
10. -Product Availability and Quantity and Order Limits. +Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the products or services that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order.
-Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. +
Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. -In the event of cancellation, your access to the associated content will be disabled. -
-We may disable access to content associated with your account for any reason. +In the event of cancellation, your access to the associated content will be disabled.
+We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased. you may need to re-purchase content or applications that you paid for in your previous region. -Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase. -
+Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.11. -Updates. +Updates. If applicable, Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update.
12. -Software Licenses and Use Rights. +Software Licenses and Use Rights. Software and other digital content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms ("SALT") available at https://go.microsoft.com/fwlink/?linkid=838610&clcid=0x0409 unless different license terms are provided with the application. (Applications downloaded from the Office Store are not governed by the SALT and have separate license terms.) Apps, games and other digital content obtained through the Store are subject to the usage rules located at https://go.microsoft.com/fwlink/p/?LinkId=723143. @@ -134,27 +126,24 @@ Software licenses purchased at a Microsoft Retail Store are subject to the licen Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
PLEASE CONTACT THE MICROSOFT STORE SALES AND SUPPORT https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT OR WARRANTY FOR BOXED SOFTWARE, AT NO COST, BEFORE YOU OPEN ANY SOFTWARE PACKAGING.
-OTHER TERMS AND CONDITIONS. +
OTHER TERMS AND CONDITIONS. In addition to software and other downloadable products, other products and services available in the Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase, install, or use those products, you may be required to also accept those terms as a condition of purchase, installation, or use.
-FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE STORE OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. +
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE STORE OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES.
-Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise. -
+Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.
13. -Codes for Software and Content Downloads. +Codes for Software and Content Downloads. Certain software and content are delivered to you by making a download link available in your Microsoft account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your Microsoft account for 3 years following the purchase date, but do not promise to store them for any particular length of time. -For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription. -
+For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related Microsoft account.
14. -Pricing. +Pricing. If we have a Microsoft Retail Store in your country or region, the prices, product selection and promotions offered there may be different from those on the online Store. -To the extent permitted by applicable law, Microsoft does not guarantee that a price, product or promotion offered online will also be available or honored at a Microsoft Retail Store or vice versa. -
+To the extent permitted by applicable law, Microsoft does not guarantee that a price, product or promotion offered online will also be available or honored at a Microsoft Retail Store or vice versa.The Store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items. However, if we lower our price on a device within 30 days of your purchase, we will honor the lower price. @@ -162,8 +151,7 @@ If you notice that we have lowered a price on a device you recently purchased, j You must contact Microsoft within 30 days of the price change to receive the refund or credit. Price reductions/adjustments are not available for clearance items and limited-time price reductions associated with promotions and/or special sale events including Thanksgiving Day, Black Friday, Cyber Monday or Cyber Week.
We may offer an option to pre-order some products before their availability date. -To learn more about our pre-order policies, please see our Pre-Orders page https://go.microsoft.com/fwlink/p/?linkid=834935&clcid=0x0409. -
+To learn more about our pre-order policies, please see our Pre-Orders page https://go.microsoft.com/fwlink/p/?linkid=834935&clcid=0x0409.Unless stated otherwise, prices shown in the Store exclude taxes or charges ("Taxes") that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. @@ -172,21 +160,20 @@ You are solely responsible for paying such Taxes and costs.
Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.15. -Automatic Renewal Selection. +Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for products or services to automatically renew at the end of a fixed service period. If you elected to automatically renew your product or service, we may automatically renew the product or service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the products or services prior to the renewal date. You must cancel before the renewal date to avoid being billed for the renewal.
16. -Return Policy. +Return Policy. We will accept returns and exchanges for eligible products for 30 days from the date of purchase or download, as applicable. Simply return the eligible product in like new condition and in its original packaging, along with all parts, components, instruction manuals and documentation that were initially included. This Return Policy does not affect any statutory rights that may apply to your purchase.
Packaged software and games must be returned with their seal intact and must include all media and product keys. As a limited exception, software and game packages that have been opened may be returned during the return period if you are unsatisfied with the license agreement or warranty, but only if you do not make or retain any copies.
-Even if you return your products, packaged software or games, these Terms of Sale will still apply to the time between your purchase or download and return. -
+Even if you return your products, packaged software or games, these Terms of Sale will still apply to the time between your purchase or download and return.
Some items are not eligible for return. unless otherwise provided by law or by a particular product offer, all purchases of these types of products are final and non-refundable:
When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges (if any) except we won’t deduct those charges for returns because you are unsatisfied with the license agreement or warranty, and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund).
-For complete details on how to return eligible products, see our Returns and Refunds page https://go.microsoft.com/fwlink/p/?linkid=723276&clcid=0x0409. -
+For complete details on how to return eligible products, see our Returns and Refunds page https://go.microsoft.com/fwlink/p/?linkid=723276&clcid=0x0409.
17. -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. +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. To the extent permitted by applicable law, 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 also reduce a payment to you without notice to adjust for any previous overpayment.
18. -Gift Cards. -Gift cards purchased in a Microsoft Retail Store are governed by the Retail Gift Card Agreement located at https://www.microsoft.com/en-us/store/b/gift-cards.
+Gift Cards. +Gift cards for making purchases at physical Microsoft Store locations are governed by the Physical Microsoft Store Gift Card Terms and Conditions located at www.microsoft.com/store/physical-store-card-terms.Information on Skype gift cards is available on Skype’s Help page (https://support.skype.com/en/faq/FA12197/what-is-a-skype-gift-card-and-where-can-i-buy-one).
-Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions (https://commerce.microsoft.com/PaymentHub/Help/Show/toc_link_no_62).
+Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions www.microsoft.com/cardterms.
19. -Customer Service. +Customer Service. Please visit our Sales and Support page https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 for more information about customer service options.
-GENERAL TERMS +GENERAL TERMS
-20. Changing Terms. Microsoft may change the Terms of Sale at any time and without notice to you. +
20. Changing Terms. Microsoft may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, Microsoft may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you acquire something.
21. -Age Limitations. +Age Limitations. You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Terms of Sale. Age limits may apply to your use of the Store, including purchases.
22. @@ -239,23 +225,21 @@ Please read the Microsoft Privacy Statement as it describes the types of data we The Privacy Statement also describes how Microsoft uses your communications with others. postings or feedback submitted by you to Microsoft via the Store. and the files, photos, documents, audio, digital works, and videos that you upload, store or share on your devices or through the Store ("Your Content"). -By using the Store, you expressly consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. -
+By using the Store, you expressly consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.23. -Product Display and Colors. +Product Display and Colors. Microsoft attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match the product’s color.
24. -Errors in Store Presentation. +Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.
-25. Termination of Use or Access. +
25. Termination of Use or Access. Microsoft may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by Microsoft. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. -Microsoft may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you. -
+Microsoft may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.26. -Warranties and Limitation of Remedies. +Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, MICROSOFT AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:
@@ -266,22 +250,22 @@ EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S W ANDMICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. +
MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
- If, despite these Terms of Sale, you have any basis for recovering damages arising out of or RELATING TO the Store (including the Services), or any product or service offered, your exclusive remedy is to recover from Microsoft or ITS suppliers, resellers, distributors, and content providers DIRECT total damages up to (1) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription, or similar fee. +If, despite these Terms of Sale, you have any basis for recovering damages arising out of or RELATING TO the Store (including the Services), or any product or service offered, your exclusive remedy is to recover from Microsoft or ITS suppliers, resellers, distributors, and content providers DIRECT total damages up to (1) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription, or similar fee.
-YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. +
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
27. -Limitation of Liability. +Limitation of Liability. YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, these limitations and exclusions apply to All CLAIMS, UNDER ANY LEGAL THEORY, related to the Store (including the Services), these terms of sale, or any product or service offered, including loss of content, any virus OR MALWARE affecting your use of the Store OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE. AND delays or failures in starting or completing transmissions or transactions.
-28. Binding Arbitration and Class Action Waiver If You Live In (or Are a Business with Your Principal Place of Business In) the United States. +
28. Binding Arbitration and Class Action Waiver If You Live In (or Are a Business with Your Principal Place of Business In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. @@ -289,12 +273,12 @@ Class action lawsuits, class-wide arbitrations, private attorney-general actions Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft and its affiliates.
a. -Disputes Covered—Everything Except IP. -The term "dispute" is as broad as it can be. -It includes any claim or controversy between you and us concerning the Store (including the Services), any advertising, marketing, or communications, any products or services offered or sold, any purchase transactions or billing, or these Terms of Sale or Store Policies, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
+Disputes Covered—Everything Except IP. +The term "dispute" is as broad as it can be. +It includes any claim or controversy between you and us concerning the Store (including the Services), any advertising, marketing, or communications, any products or services offered or sold, any purchase transactions or billing, or these Terms of Sale or Store Policies, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.b. -Mail a Notice of Dispute First. -If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. +Mail a Notice of Dispute First. +If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?linkid=245499. @@ -302,11 +286,11 @@ We’ll do the same if we have a dispute with you. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. -Small Claims Court Option. -Instead of mailing a Notice of Dispute,you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or King County, Washington, if you meet the court’s requirements.
+Small Claims Court Option. +Instead of mailing a Notice of Dispute,you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or King County, Washington, if you meet the court’s requirements.d. -Arbitration Procedure. -The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Store or Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Store or Services, its Consumer Arbitration Rules). +Arbitration Procedure. +The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Store or Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Store or Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://go.microsoft.com/fwlink/?linkid=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. @@ -317,34 +301,34 @@ The arbitrator may award declaratory or injunctive relief only to you individual Under Commercial Rule 7 or Consumer Rule 14, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
e. -A -rbitration Fees and Payments. +A +rbitration Fees and Payments.
i. -Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. +Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an "award"), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000. (ii) pay your reasonable attorney’s fees, if any. and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
ii. -Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
+Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.f. -Must File Within One Year. -You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes – see Section 28(a)) within one year from when it first could be filed. +Must File Within One Year. +You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes – see Section 28(a)) within one year from when it first could be filed. Otherwise, it’s permanently barred.
g. -Rejecting Future Arbitration Changes. -You may reject any change Microsoft makes to Section 28 (except address changes) by sending us notice within 30 days of the change by U.S. +Rejecting Future Arbitration Changes. +You may reject any change Microsoft makes to Section 28 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 28(b). If you do, the most recent version of Section 28 before the change you rejected will apply.
h. -Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. +Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 28 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 28 still applies.
i. -Conflict with AAA Rules. -These Terms of Sale govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
+Conflict with AAA Rules. +These Terms of Sale govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.29. -Interpreting These Terms. -All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law. +Interpreting These Terms. +All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law. you may have greater rights in your jurisdiction of residence (or, if a business, your principal place of business). If it is determined that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change. Section 28(h) says what happens if parts of Section 28 (arbitration and class action waiver) are found to be illegal or unenforceable. @@ -353,46 +337,44 @@ Except for Section 28 (arbitration and class action waiver), these Terms of Sale they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns. Other terms may apply if you purchase products or services from other Microsoft websites.
30. -Assignment. -We may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. +Assignment. +We may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.
31. -Notices and Communication. -For customer support inquiries, please see the Sales and Support https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 page in the Store.
+Notices and Communication. +For customer support inquiries, please see the Sales and Support https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 page in the Store.32. -Choice of Law and Place to Resolve Disputes. - +Choice of Law and Place to Resolve Disputes. +
a. If you live in (or are a business with your principal place of business in) the United States, the laws of thestate 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 of Sale or Store Policies, the Store (including the Services), any advertising marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court (excluding arbitration and small claims court). -
+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 of Sale or Store Policies, the Store (including the Services), any advertising marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court (excluding arbitration and small claims court).b. If you live in (or are a business with your principal place of business in) Canada, the laws of the province/territory where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario for all disputes arising out of or relating to these Terms of Sale or Store Policies, the Store (including the Services), any advertising, marketing, or communications, any purchase transactions, or billing, or any products or services offered or sold.
33. -Notices.
+Notices.a. -Notices and procedure for making claims of intellectual property infringement. -Microsoft respects the intellectual property rights of third parties. +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.
b. -Copyright and Trademark Notices. +Copyright and Trademark Notices.
All contents of the Store and Services are Copyright ©2016 Microsoft Corporation and/or its suppliers and third party providers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers and other third party providers own the title, copyright, and other intellectual property rights in the Store, Services and content. -Microsoft and the names, logos, and icons of all Microsoft products and services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries. -
+Microsoft and the names, logos, and icons of all Microsoft products and services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries.A list of Microsoft trademarks can be found at: https://www.microsoft.com/trademarks. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.
34. -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. +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.