TERMS AND CONDITIONS.

This document describes the terms and conditions that govern the use of the “Book Search System” site (the “Site”) as well as the optional participation in the Read and Play game which is run on the “Book Search System” site.

ACCEPTANCE OF TERMS.

The services that are provided to you are subject to the following Terms of Use ("TOU"). Microsoft reserves the right to update the TOU at any time. The latest TOU is published and available at any time on the “Book Search System” site (http://www.booksearch.org.uk).

DESCRIPTION OF THE BOOK SEARCH SYSTEM.

The “Book Search System” site provides you with access to a collection of over 50,000 out of copyright books that you can search and annotate. Through this service, including updates, improvements, new functions and/or addition of any new Web properties, you are subject to the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the “Book Search System” is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, perform, reproduce, publish, transfer, license, create derivative works from, or sell any information, software, products or services obtained from this service, including any data (e.g., books and annotations) available via the Site.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

Microsoft is committed to protecting your privacy. This privacy statement applies to the data collected by Microsoft through the “Book Search System” site; it does not apply to data collected through other online or offline Microsoft sites, products or services.

We will ask you when we need information that personally identifies you or allows us to contact you. The personal information we collect may include name and email address. We may collect information about your visit, including the pages you view, the links you click and other actions taken in connection with the Site (e.g., relevance judgements you provide and annotations you make).

The personal information collected on this Site will be used to operate the Site and to provide the service(s) or carry out the transaction(s) you have requested or authorized (including notification of winners). In support of these uses, Microsoft may use personal information to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site in accordance with your individual or team information.

We may use your personal information to provide you with important information about the Site, including critical updates and notifications, and about any related activities and projects, including the Read and Play research experiment. We will use the email address you provide to contact you. We will also use the same email address to contact the winners of the Read and Play game that is run on the Site. The winners will be asked to provide us with their postal address where their prize will be sent to. This data will only be stored for the duration necessary to dispatch the prizes.

Microsoft may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Microsoft or the Site; (b) protect and defend the rights or property of Microsoft and our family of Web sites; or (c) act in urgent circumstances to protect the personal safety of users of Microsoft products or members of the public.

Personal information collected on the Site may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries or agents maintain facilities, and by using the Site, you consent to any such transfer of information outside of your country. Microsoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. Control of Your Personal Information Except as otherwise described in this statement, personal information you provide on the Site will not be shared outside of Microsoft and its controlled subsidiaries and affiliates without your permission.

Please be aware that this privacy statement and any choices you make on the Site will not necessarily apply to personal information you may have provided to Microsoft in the context of other, separately operated, Microsoft products or services.

USE OF COOKIES.

We may use cookies on this Site to ensure the integrity of the registration process and to personalize the Site. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases site navigation, and so on. When you return to the web site, the information you previously provided can be retrieved, so you can easily use the site's features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to use interactive features of this or other web sites that depend on cookies.

PURPOSE OF THE READ AND PLAY GAME.

The “Read and Play game” (the "Contest") is a research experiment that is sponsored by Microsoft Research ("Sponsor") and administered by the organizers of the INEX Book Track ("Administrators").

The goal of the game is to collect relevance judgements for a set of 70 predefined user queries (topics) over a collection of over 50,000 out-of-copyright books. The collected relevance data (i.e., passages highlighted by participants inside a book, relevance labels at page level, and the degree of relevance given at the book level) will then be made available for research purposes as part of the INEX book test collection to registered INEX participants who themselves have contributed to the relevance data.

INEX is an international initiative for the evaluation of XML retrieval approaches. The Book track is organized at INEX since 2007. For further information, please visit http://www.inex.otago.ac.nz/tracks/books/books.asp.

Participation in the Contest involves reading content from the “Book Search System” site and assigning relevance labels and annotations to that content. The labelling data collected on the Site will be used for research purposes only. The research findings may be used in reports and papers. Personal information will not be disclosed.

Microsoft is not responsible for accidental exposure to content (book or annotation, etc.) through the Site that may be offensive to you.

ELIGIBILITY AND TERMS.

The Contest is open for participation to individuals who are at least 16 years of age ("Participants"). By your participation, including registration, entry, verification activities and redemption of any Contest prize, you agree to these terms that will govern all aspects of your relationship with the Contest, its official web site (the “Book Search System” site), Sponsor, Administrator and any Contest agents. These terms cannot be modified or superseded except by the Sponsor, in its reasonable discretion, posted on the Site. The Contest period is between February 15, 2010, 12:00:00 AM Central Time ("CT") (all times in these Rules are stated in 'Central Time', which is Greenwich Mean Time minus six (6) hours, e.g. CT = GMT – 06:00) and April 30, 2010, at 11:59:59 PM CT ("Contest Term"). This period may be extended by the Sponsor or Administrator by up to a maximum of two months, in which case the new end Contest date will be posted on the Site and on the INEX website at http://www.inex.otago.ac.nz/tracks/books/books.asp.

PARTICIPATION IN THE CONTEST AND RULES

No purchase necessary to enter or win. A purchase will not increase your chance of winning.

Participation in the Read and Play game requires you to register. Go to the hosting site – the Book Search System site (www.booksearch.org.uk) – and register for the Contest by accurately and truthfully completing all mandatory registration information specified on the Site for participation, including agreement to the Terms and Conditions (set out in this document). Registration is limited to one entry per individual. Note that registered INEX participants should use their existing INEX login account to participate in the Contest (and should not register again or under a different alias).

Registered participants may join a team or create a team that others may join, provided that each team member is individually eligible for the Contest and individually registered for the Contest. You may only join one team at most, and a team must have at least two members. There are no restrictions regarding the maximum size of a team.

Participation involves exploring the contents of books, and marking up (highlighting) relevant content and providing relevance labels and annotations when in the role of an explorer, or reviewing content marked up by others when in the role of a reviewer. You may either work as an explorer or a reviewer on a topic, but you cannot both explore and review the same topic. This also applies to teams: if a member of a team elects to review a topic, another team member cannot explore the same topic.

Before you can explore/review topics, you must select the topics that you will explore or review. For each topic you select, you must provide a rating of your familiarity with the topic. There is no restriction on the number of topics a participant may select to explore or review.

Conflicts that arise from disagreement between an explorer’s and a reviewer’s judgements over the relevance of a book (and its pages) are resolved during a dialogue between the explorer and reviewer in question. If the conflict remains unresolved at the end of the dialogue, then the matter may be passed to a meta-reviewer whose decision is final (or the judgements may remain as ‘disputed’). In the case of frequent disputes between particular explorers and reviewers, a meta-reviewer may be invited to review some of the disputes or the Sponsor may step in to make a decision and if necessary disqualify a contestant and/or end the participation of a contestant whose behaviour solicits such action based on the patterns of observed judgements.

WINNERS AND PRIZES

The individual with the most points at the close of the Contest (as published on the Site) is declared the winner.

Winners will be notified by email (using the email address provided at registration). The names of winners will be posted on the Site and may be published in news/publicity articles and in the INEX Book track report.

Winners will receive - by email - Amazon.com gift cards as rewards, worth up to $50.00. No cash alternative will be offered.

NOTICE SPECIFIC TO INFORMATION THAT IS AVAILABLE ON THIS WEBSITE/APPLICATION.

The “Book Search System” user expressly and irreversibly gives permission to collect and preserve the following information: registration information (including name and email), and logged data (including click data, e.g., mouse clicks on all user interface elements), and user actions (search queries, search results, content viewed by the user- books and pages, content marked relevant/not relevant, annotations added by the user, time stamps for all user actions). The collected information will be used for research purposes.

Relevance judgements collected as part of the “Read and Play game” will be anonymized prior to being distributed to researchers who are registered for the INEX Book Track and have also contributed relevance data to the experiment. The use of information as such will be exclusively informative. The information will not be used for non-commercial or personal aims. During the project the Site user may be invited to participate in diverse analysis. All logged data and annotations, as well as other possible information which is made by the Site user, will be stored in a secure database and will be viewed and analysed by the researchers only. The results can possibly be used during the research and if necessary in research reports.

Your personal information, such as name and email address, will NOT be included in the reports, but may be used by researches to contact the users in relation to the study (for example, to ask for clarification about annotations, to notify the winners of the Contest by email, to display their names on the winners’ board on the Site and possibly in news/publicity articles). Distribution of personal information outside the project can be done only after an explicit permission in writing has been provided by the user. Use of personal information for any other purposes is expressly prohibited by law and may result in severe civil and criminal liability.

Unless expressly allowed, no logo, graphic, or image may be copied from the Site or passed on.

The “Book Search System” together with the “Read and Play game” is a research project. The users of the system and participants of the Contest are made aware that the Site is subject to variable availability due to possible technical issues, application and service upgrades, and changes in the system functionality. Microsoft cannot guarantee the infallible operation in this research phase, which the user accepts.

If the usage of the Site or participation in the Contest requires that you open an account, you need to complete the registration process by providing the most current and accurate information as required in the registration screen. You need to choose appropriate password and username. You are responsible for keeping your password and account information confidential. Furthermore you are completely responsible for all activities that take place under your account. You agree to notify us immediately of any unauthorized use of the account or any other violation on the security. You can be liable for any loss of data or service as a result of someone else using your account or password. Without permission of the account keeper, no-one is allowed to use the account of someone else.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of the use of the “Book Search System”, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the “Book Search System” in any manner that could damage, disable, overburden, or impair any servers related to the project, or the network(s) connected to the system, or interfere with any other party's use and enjoyment of the Site and any services. You may not attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to any of the “Book Search System” servers or to any of the services, 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 services.

INTERNET USAGE ADVISORY.

A Participant is solely responsible for the equipment and Internet access required to connect to the Site and/or otherwise participate in the Contest. No responsibility is assumed for information not received from Participants, inaccurate information or corrupted files, whether caused by any of the equipment, computers, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, air or ground traffic congestion, or unauthorized human intervention or by any human, mechanical or computer error or failure which may occur in the processing or storing of information.

RULES INTERPRETATION AND CONTEST ADJUDICATION.

The Contest and its continuing terms and conditions, benefits and participation are offered to Participants at the sole discretion of Sponsor and its affiliated companies. Sponsor reserves the right to limit or restrict upon notice participation in the Contest to any person at any time for any reason. Sponsor reserves the right to amend or interpret the Rules or official Contest communications and any element or elements arising under or relating to the Contest at any time, upon published notice to Participants on the Site. A Participant shall be deemed to have notice of any such amendments or interpretations upon publication of the same on the Site and shall be deemed to have accepted such amendments or interpretations by virtue of a Participant’s continuing participation in the Contest. Should a Participant not wish to continue to participate in the Contest pursuant to the prevailing Rules, as amended or interpreted, a Participant may terminate participation in the Contest upon notice to Sponsor and/or Administrator. Aggrieved Participants agree, prior to resort to formal dispute resolution specified below, to submit to Sponsor via certified mail (Read and Play Game Administration (FAO: Gabriella Kazai), Microsoft Research, 7 JJ Thomson Ave, Cambridge, CB3 0FB, UK) for internal adjudication a written statement concerning and fully describing any grievance for expeditious review and formal response by Sponsor. The formal response and decision by Sponsor shall be final and binding on a Participant, absent clear and convincing evidence that Sponsor has acted in an arbitrary or capricious manner. Sponsor’s decision of a particular matter with an individual Participant shall not bind Sponsor as to decisions or adjudications of similar future matters, if there is a rational basis for distinguishing the facts and circumstances of such matters. A Participant must first exhaust the internal adjudication process for grievances before proceeding to formal dispute resolution. The foregoing deference and evidentiary standards relating to Sponsor’s decision-making shall apply in the below-described formal dispute resolution. Except where prohibited, Participants in the Contest agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any benefits received, or the administration of the Contest not resolved through internal adjudication shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of Washington, United States pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest and in no event shall Participants be entitled to receive attorneys’ fees or other legal costs; and (3) under no circumstances will a Participant be permitted to obtain awards for and Participants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participant(s) and Sponsor and Contest Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the United States and the State of Washington, without regard for conflicts of law doctrine of any jurisdiction, and subject to resolution only in the City of Redmond, State of Washington, United States. By entry and participation in the Contest, Participants, including on behalf of their organizations/companies, agree that the City of Redmond, State of Washington, United States will be the exclusive forum for any formal dispute resolution.

USE OF ANNOTATION SERVICES.

The Site may contain personal annotations of books and pages of books and/or other messages or communication facilities designed to enable you to record your own annotations and/or communicate with others (collectively "Annotation Services"). You therefore agree that when you use the Annotation Services: you will not use the Annotation Services in connection with surveys, contests, spamming or any duplicative or unsolicited messages (commercial or otherwise). You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and copyrights) of others. You will not publish, post or upload any inappropriate, profane, defamatory, obscene, indecent or unlawful topics, names, materials or information. You will not restrict or inhibit any other user from using and enjoying the Annotation Services and the “Book Search System” services in general. You will not harvest or otherwise collect information about others, including e-mail addresses. You will not violate any applicable laws or regulations. You will not create a false identity for the purpose of misleading others.

Microsoft reserves the right to terminate your access to any or all of the Annotation Services at any time, without notice, for any reason whatsoever. Microsoft reserves the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft’s sole discretion. It is recommendable to always use caution when giving out any personally identifiable information about yourself or your children in any Annotation Service.

All content (books) available through the “Book Search System” are out of copyright. The annotations produced by the service user will not be covered by copyright but will be treated as open, public domain text.

DISCLAIMERS AND INDEMNIFICATION.

SPONSOR AND GAGE, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES AND THEIR DISTRIBUTORS, ADVERTISING, PUBLIC RELATIONS, MEDIA, CONTEST AND JUDGING AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES OR CONDITIONS MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATING TO THE PRIZES. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR A PARTICIPANT'S USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF CONTEST PRIZES OR OTHER BENEFITS UNDER THE CONTEST TO PARTICIPANTS. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES, WARRANTIES OR CONDITIONS THAT THE CONTEST OR CONTEST WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST. RELEASED PARTIES ASSUME NO RESPONSIBILITY FOR ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO A PARTICIPANT'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. FURTHER, BY PARTICIPATING IN THE CONTEST AND/OR ACCEPTING A CONTEST PRIZE, A PARTICIPANT AGREES THAT RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF A CONTEST PRIZE, PARTICIPATION IN ANY CONTEST PRIZE-RELATED ACTIVITY, USE OF ANY TENDERED ENTRY OR OTHER RIGHTS GRANTED HEREIN OR PARTICIPATION IN THIS CONTEST. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

Any attempted participation by Internet or email or any other means except as permitted by these Rules or official Contest communications is void. Released Parties will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible materials, entries, email or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, Prize orders or other information, or the failure to capture any such information. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by printing errors, Site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest, and are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest Site or any communications means or for any other error of failure of any kind in connection with or relating to this Contest, whether caused by any human, typographical, printing, mechanical, computer or other means, including, without limitation, errors or failures which may occur in connection with the processing or storing of information, the administration of the Contest, the uploading, processing validating, posting and/or judging of entries, the announcement of the Contest Prizes or in any Contest-related materials. Released Parties are not responsible for injury or damage to Participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Site. Sponsor reserves the right, in its sole discretion, to reasonably suspend or cancel the Contest should any virus, bug and/or other cause beyond the control of Sponsor corrupt the administration, security or proper operation of the Contest. In the event the Contest is cancelled, Sponsor may, at its sole discretion, determine the Finalists from among all eligible and non-suspect Validated Entries received up to the time of such action using the judging procedure outlined above. Participants agree to release, defend, indemnify and hold harmless Released Parties from and against, and accept all responsibility of any kind, including but not limited to financial, for any liability, claims, losses, damages or proceedings, including but not limited for death, (including reasonable attorneys' fees) relating to any actions taken by a Participant, including submission of Game Descriptions, thumbnails and Games, or anyone else using a Participant’s e-mail or password or otherwise purporting to act on Participant’s behalf in regard to the Contest (whether or not such use occurred with or without your permission). Participant also agrees to release, defend, indemnify and hold harmless the Released Parties from any and all liability, claims, losses, damages or proceedings, including but not limited for death (including reasonable attorneys' fees) relating to Contest Prizes and any other matter in connection with a Participant’s participation in the Contest or Sponsor’s or its designees.

CONTEST SPONSOR AND AUTHOR OF BOOK SEARCH SYSTEM.