The Microsoft Corporate Citizenship team is pleased to offer a white-label version of our popular Local Impact Map through a new Azure-based platform designed to help organizations around the world tell the stories of their rich community investments. Through our blending of the latest mapping technology coupled with the power of self-service cloud computing, your organization can now plan, showcase, and share its efforts to support causes near and far. Whether it be your local neighborhood or a community across the world, you can now share the complete story of your good work.
1) Create your own visual story telling experience. Take advantage of the scalable user interface accommodating hundreds or even thousands of stories simultaneously.
2) Allow your readers to fully immerse themselves into the environment from which the story is told.
3) Educate the reader on where your efforts take place through geo-location with Bing Maps.
4) A robust backend content management system (CMS) that provides a sophisticated workflow system and numerous unique user roles are available with different permission levels.
5) Ease of access to the CMS via Windows Live ID
6) Customize your application’s look & feel in a manner that best reflects your organization’s image.
7) Map your impact using the latest Bing mapping technology with the power of self-service cloud computing to create a unique visual experience of community investments around the world with photos and videos.
8) No development required for a quick and easy deployment via a simple ‘embed’ code drawing the map into any website.
9) Allows viewers to create custom tours; links to tours can be easily emailed for marketing or fundraising purposes.
10) Unique MS Tag feature allows a user to snap a tag of a story on their mobile device and take the story with them via an HTML page.
LOCAL IMPACT MAP
ONLINE SERVICE AGREEMENT
Section 1 Description of Services
The Microsoft® Local Impact Map enables users to display specific narrative information in a format layered on top of Microsoft's Bing™ map service (the “Service”). The Services is available under the following offerings, provided that (i) your use is consistent with the terms of this agreement; and (ii) your application or website is publically available without restriction (for example, login or password must not be required) or available internally for free instructional or non-commercial research use:
Education or Non-Profit Organizations. The Education or Non-Profit version of the Service may be used only with an application or website that displays results for education or non-profit use, where non-profit organization means a tax exempt organization and education means use by public or private K-12 schools, universities, community colleges or other collegiate level institutions such as vocational schools, trade schools or career colleges, including their faculty, staff, and students. Commercially funded research projects and commercial company use for educational purposes are excluded from Education or Non-Profit Service use.
Commercial or For-Profit Organizations. The Commercial or For-Profit version of the Service may be used only with an application or website that displays results for the purposes of storytelling or outreach regarding your company’s citizenship, community affairs, or other social responsibility efforts that do not otherwise qualify for use under the Education or Non-Profit Service. Use of the Service for other uses, including to provide services to others with or without compensation, are prohibited.
Micorosft reserves the right to cancel or transfer you to the appropriate Service offering if you do not qualify for the offering you select.
Section 2 Acceptance of Terms
This Online Service Agreement is a contract between you and the Microsoft company listed in Section 22. This contract applies to any software, documentation, media, support, sites, services, and updates obtained through this Service. You can view the most current version of this contract by clicking the Publisher Offer Terms tab on the Microsoft Local Impact Map page of the Microsoft Windows Azure™ Marketplace Service. Microsoft may update this contract by posting new terms and conditions. If you do not agree to the changes, you must stop using the Service; if you do not, your use of the Service continues under the changed contract. Your use of certain elements of the Service may be subject to additional guidelines, posted notices or codes of conduct. These are incorporated by reference into this contract.
By creating an account or accepting this contract, you represent that you are at least 18 years old or have reached the age of “majority” where you live, if that is not 18 years of age. If you are under 18 or have not reached the age of majority, your parent or legal guardian must set up an account on your behalf and accept this contract.
Please note that Microsoft does not provide warranties for the Service. This contract also limits our liability. These terms are in sections 15 and 19. Please read them carefully.
Section 3 Reserve Right to Modify
Microsoft may change the Service or delete features of the Service at any time and for any reason. Microsoft may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, your right to use the Service stops right away.
Section 4 Use Restrictions
· Distribute, sell resell, loan, rent, lease, sublicense, redistribute, assign or otherwise dispose your access credentials, or any part thereof, to any third party including to any affiliate;
· Use the Service to harm, threaten, or harass another person, organization, or Microsoft;
· Misrepresent your identity or interfere with any other party's use and enjoyment of the Service;
· Damage, disable, overburden, or impair the Service (or any network connected to the Service);
· Resell or redistribute any part of the Service or access to the Service;
· Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service;
· Remove, modify, or tamper with any notice or link that is incorporated into the Service;
· Use any automated process or service (such as a bot, a spider, periodic caching of information stored by Microsoft, or metasearching) to access or use the Service, or to copy or scrape data from the Service;
· Obtain (or try to obtain) any data from the Service or related hardware, except the data that Microsoft intends to make available to you; or
· Use the Service or related hardware to design, develop, or update unauthorized software.
If Microsoft believes that you are making unauthorized or improper use of the Service, Microsoft may take such action as it deems appropriate without notice to you. These actions may include blocking messages from a particular Internet domain, mail server, or IP address. Microsoft may at all times: (a) disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (b) edit, refuse to post or to remove any information or materials, in whole or in part.
Section 5 Privacy
Your privacy is important to Microsoft. Microsoft uses certain information collected from you to operate and provide the Service. As part of the Service, Microsoft may automatically upload information about your machine, your use of the Service and Service performance. Microsoft may access or disclose information about you, including the content of your communications or content on the Service. Microsoft may do so in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or its customers, including the enforcement of Microsoft agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public. Please read the Microsoft Online Privacy Statement ( http://datamarket.azure.com/privacy) to learn how Microsoft uses and protects your information.
Section 6 Payment
(a) Charges . If there is a charge associated with a Service, you agree to pay that charge. The price stated for the Service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Even if the Service itself is free, you may still incur charges incidental to using the Service. For example, these may include charges for Internet access, text messaging, or other data transmission. You are solely responsible for paying such taxes or other charges. Microsoft may suspend or cancel the Service if Microsoft does not receive an on time, full payment from you.
(b) Your Billing Account . To pay the charges for a Service, you need to create a billing account through ourBilling and Account Management website ( https://billing.microsoft.com) and provide a payment method. The information you provide for your billing account must be kept current at all times. You can access and change your billing account information and payment method at the same website ( https://billing.microsoft.com) . Changes made to your payment method will not affect charges Microsoft posts to your billing account before Microsoft could reasonably act on your request.
(c) Billing . By providing Microsoft with a payment method, you: (a) represent that you are authorized to use the payment method that you provided; (b) authorize Microsoft to charge you for the Service using your payment method; and (c) authorize Microsoft to charge you for any paid feature of the Service that you choose to sign up for or use while this contract is in force. Microsoft may bill you: (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis for subscription Services. Microsoft may charge you up to the amount you've approved, and Microsoft will notify you in advance of the difference for recurring subscription Services. Microsoft may bill you at the same time for more than one of your prior billing periods.
(d) Automatic Renewal . Once Microsoft has informed you that the Service will be automatically renewed, Microsoft may automatically renew your Service (provided that automatic renewals are allowed in your country). Microsoft will charge you the then current price for the renewal term. Microsoft will inform you by email before renewing your Service. Microsoft will also remind you that Microsoft will bill your chosen payment method for the Service renewal. Microsoft will also provide you with instructions on how you may cancel the Service. You must cancel the Service before the renewal date to avoid being billed for the renewal.
(e) Online statement and errors . Microsoft will provide you with an online billing statement on the Billing and Account Management website (https://billing.microsoft.com), where you can view and print your statement. If Microsoft makes an error on your bill, you must tell Microsoft within 120 days after the error first appears on your bill. Microsoft will then promptly investigate the charge. If you do not tell Microsoft within that time, you release Microsoft from all liability and claims of loss resulting from the error and Microsoft will not be required to correct the error or provide a refund. Microsoft may correct billing errors at any time.
(f) Cooling off period . When you request a Service from Microsoft, you agree that Microsoft may begin to provide the Service immediately. You will not be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period. You may cancel the Service as provided in Section 9.
(g) Trial period offers . 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 Microsoft notifies you otherwise. If you do not cancel your Service at the end of the trial period, Microsoft may charge you for the Service.
(h) Price Changes . Microsoft may change the price of the Service at any time. If there is a fixed term and price for your Service offer, that price will remain in force for the term. After the term ends, Microsoft will charge you for your use of the Service at the new price. Microsoft will notify you in advance if Microsoft changes the price of the Service.
If your Service is charged on a periodic basis (for example, monthly) with no fixed term, Microsoft will notify you of any price changes at least 30 days in advance. If you do not agree to these changes, you must cancel and stop using the Service before the changes take place. If you cancel, your Service ends at the end of your current service period or, if Microsoft bills your account on a period basis, at the end of the period in which you canceled.
(i) Refund policies . Unless otherwise provided by law or by a particular Service offer, all sales are final and nonrefundable.
(j) Canceling the Service . You may cancel the Service at any time, with or without cause. Go to the Billing and Account Management website (https://billing.microsoft.com) for information and direction on how to cancel your Service. You should refer back to the offer materials describing the Service as: (a) you may not receive a refund at the time of cancellation; (b) you may be obligated to pay cancellation charges; and (c) you may be obligated to pay all charges made to your billing account for the Service prior to the date of cancellation.
(k) Late payments . You must pay for all reasonable costs Microsoft incurs to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.
(l) Internet access service . If the Service does not include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay Microsoft for the Service.
The rest of this section applies only if your Service includes Internet access. This Service may not be available in your country or region. If you use a dial-up modem, you may incur toll, roaming, or other access charges, depending on the number you are calling and from where you are calling. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. Even if Microsoft suggests a phone number for you to call, you may still incur charges, depending on your local provider, calling location, and phone plan. Microsoft will not reimburse you for such charges.
Section 7 Reservation of Rights
Services and Website. Microsoft retains all rights, title, and interest in and to the Services and website. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted.
Software . If you use or receive software from Microsoft as part of the Service ("Software"), its use is governed by one of two sets of license terms; if you're presented with a license for the Software, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Software not expressly granted by Microsoft under these license terms.
Section 8 Feedback
If you give Microsoft feedback, you give Microsoft an irrevocable, perpetual, sublicensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give to third parties any patent rights in your feedback needed for their products, technologies, and services to use or interface with any specific parts of a Microsoft software or service at no charge. You will not give feedback that is subject to a license or other obligation that requires Microsoft to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive this contract.
Section 9 Term
This contract starts on the date you accept it. It continues until your subscription has expired, been cacelled or is terminated. You may terminate this contract without cause at any time by cancelling the Service. Microsoft may cancel this contract at any time without cause as described in Windows Azure Marketplace Service Agreement. A party may also terminate this contract for cause on 30 days written notice to the other party of a material breach if such breach remains uncured at the end of such period. The following sections will survive any termination or expiration of the Service: 4-10 and 15-22.
Section 10 Materials Posted
All materials, including software, help topics, white papers, datasheets , FAQs (collectively the “Materials”) that are made available from the Service are the copyrighted work of Microsoft or its suppliers. Your use of these Materials are governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:
· Remove, modify, or tamper with any copyright notices;
- Use the Materials for any commercial purposes;
· Post the Materials on any networked computer for access by any other computer on the network or broadcast it in any media; or
- Make any modifications to the Materials.
Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, Microsoft does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless Microsoft does so expressly in writing.
Some Materials available from this Service are licensed to you by third parties. Microsoft does not grant you any additional rights (express or implied) for such third party Materials.
Section 11 Submissions Provided to Microsoft
Microsoft does not claim ownership of the content you provide on the Service. Your content remains your content. Microsoft does not control, verify, or endorse the content that you and others make available on the Service.
You control who may access your content. If you share content in public areas of the Service or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content. You grant these rights solely in connection with the Service and other products and services made available by Microsoft. If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Service to share your content.
You hereby grant to Microsoft and its affiliates, resellers, distributors, service providers, partners, and/or suppliers the right, to use, modify, adapt, reproduce, distribute, publish, and display content posted on the Service. These include your name or other information you supply with the content. These rights apply solely to the extent necessary to provide the Service.
You must respect the rights of artists, authors, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the Service in a way that infringes others' copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching this contract (and violating other rights and possibly the law). You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content does not violate any law. Microsoft will not pay you for your content. Microsoft may refuse to publish your content for any or no reason. Microsoft may remove your content from the Service at any time and for any reason, including if: (a) you breach this contract; (b) the content exceeds limits on storage or file size; or (c) Microsoft cancels or suspends the Service.
Section 12 Your Privacy Practices
Section 13 Back up Your Data
Please regularly backup the data that you store on this Service. Microsoft cannot guarantee or warrant that your content will not be inadvertently damaged, lost, or corrupted. Regular backups can help you prevent data loss. If your service is suspended or canceled, Microsoft may permanently delete your data from our servers. Data that is deleted may be irretrievable. Microsoft has no obligation to return data to you.
Section 14 Support
Microsoft does not offer support for the Service, unless this contract or the materials Microsoft publishes for a part of the Service provide otherwise.
Section 15 No Warranty
· Microsoft provides the Service "as is," "with all faults," and "as available."
· Microsoft does not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the Service.
· Microsoft does not guarantee that the Service will be uninterrupted, secure, error-free or that data loss will not occur.
· You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime will occur.
· Microsoft gives no express warranties, guarantees, or conditions. Microsoft disclaims all warranties with regard to the Service. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement).
· You may have additional consumer rights under your local laws that this contract cannot change.
Section 16 Copyright and Trademarks
All content of the Service, except user-generated content, are Copyright © 2012 Microsoft. All rights reserved. Copyright and other intellectual property laws and treaties protect any Software and Materials provided as part of the Service. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software and Materials.
Information on Microsoft trademarks is available at http://microsoft.com/About/Legal/US/IntellecturalProperty/Trademarks/EN-SU.aspx . This contract does not grant or imply any rights to any Microsoft or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Section 17 Copyright Claim Notice and Procedure
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtinfrg.htm .
Section 18 Claims Must Be Filed Within One Year
To the extent permitted by law, any claim related to this contract or the Service must be brought within one year. The one-year period begins on the date when the claim first accrues. Any claim that is not filed within that time is permanently barred. This section applies to you and your successors. It also applies to us and our successors and assigns.
Section 19 Limitation of Liability
You can recover from Microsoft for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.
This limitation applies to anything related to this contract, for example:
- The Service;
- Loss of data;
· Your content, third party content (including code), third party programs, or third party conduct;
· Viruses or other disabling features that affect your access to or use of the Service;
· Incompatibility between the Service and other services, software, or hardware;
· Delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and
· Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; strict liability; negligence; or other tort.
It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Microsoft knew or should have known about the possibility of the damages.
This contract does not affect the statutory rights of any consumer. It also does not exclude or restrict liability for death or personal injury arising from Microsoft’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
Section 20 Contract Interpretation
All parts of this contract apply to the maximum extent permitted by law. A court may hold that Microsoft cannot enforce a part of this contract as written. If this happens, then you and Microsoft will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and Microsoft regarding your use of the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service. The section titles in the contract do not limit the other terms of this contract.
Section 21 Assignment
Microsoft may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this contract. Microsoft may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Service to any other party. Any attempt to do so is void.
Section 22 Governing Law
Contracting party, choice of law, and location for resolving disputes.
(a) If you live in or your business is headquartered in North or South America, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this contract.
(b) If you live in or your business is headquartered in Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to this contract.
(c) If you live in or your business is headquartered in the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this contract.
(d) Unless your country is specifically called out below , if you live in or your business is headquartered in Asia or the South Pacific, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington State law govern this contract. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.
(e) If you live in or your business is headquartered in Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this contract and any matters arising out of or relating to it. You and Microsoft irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this contract.
(f) If you live in or your business is headquartered in China, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those Services, Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive.
(g) If you live in or your business is headquartered in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this contract. You and Microsoft irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this contract.
(h) If you live in or your business is headquartered in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this contract. You and Microsoft irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this contract.
(i) Notwithstanding the foregoing, if you are a international public institution, any dispute or claim arising out of or in connection with this contract which cannot be amicably settled between us shall be finally settled by arbitration in accordance with the UNCITRAL Arbitration rules as then in force rather than subject to the jurisdiction of the courts identified above. The language to be used in the arbitral proceedings shall be English. The law governing interpretation of the contract during arbitration shall the the governing law identified above based on where you live or your business is headquartered.