Test Player for Multichannel Audio in Different Codecs
This is a small application for testing browser support of multichannel audio files.
Currently we provide wav, opus, vorbis (ogg), aac (m4a), flac and mp3 files containing 1 to 32 (or the
individual codec maximum number of) channels.
The encoded files were created from the wav files via ffmpeg. If a specific codec/channel combination is not
shown but exists as wav, it was not possible to encode it via ffmpeg and the channel layout is probably not
supported by the codec.
The test files contain spoken numbers, where each number is assigned to an individual channel. Even channels are
sent to the left output and odd channels are sent to the right output to recognize if the channel order is mixed
up (as sometimes happens with aac).
Below, we list if audio codecs are supported in general, by checking canPlayType() of the HTML audio element.
Note that general codec support does not mean that arbitrary channel counts are supported.


Microsoft® Bing™ Maps Platform APIs’ Terms Of
Use
Last Updated: September 2012
If you are using the Services:
1. What does this Contract cover? This is a contract between you and Microsoft Corporation (“Microsoft”). Sometimes you are referred to as “Company”, “you” or “your” and Microsoft is referred to as “we,” “us” or “our”. This Microsoft Bing Maps Platform APIs’ Terms of Use (the “TOU”) applies to the Microsoft Bing Maps Platform APIs (the “Services”) listed here.
The rights and obligations that you have under this TOU depend on your use of the Services as follows:
· If you are using the Services as part of a Bing Maps Agreement that incorporates this TOU by reference, Sections 1, 2 and 3 apply. If you would like to find out more about a Bing Maps Agreement, please contact<EMAIL_ADDRESS>· If you are using the Services as part of a Volume Licensing Agreement, Sections 1, 2 and 4 apply. If you would like to find out more about a Volume Licensing Agreement, please contact<EMAIL_ADDRESS>· If you are using the Services only for Education or Non-Profit Organization Use (as defined in Section 2), Sections 1, 2, 5 and 8 apply.
· If you are using the Services only for Limited Public Website Use (as defined in Section 2), Sections 1, 2, 6 and 8 apply.
· If you are using the Services only for Evaluation for Commercial, Non-Commercial, or Government Use for 90 days (as defined in Section 2), Sections 1, 2, 7 and 8 apply.
· If you are using the Services only for Mobile App Development (as defined in Section 9), Sections 1, 2, 8 and 9 apply.
· If you are using the Services only for Windows Store App Development (as defined in Section 10), Sections 1, 2, 8 and 10 apply.
· If you are using the Services only for Broadcast, the Bing Maps Media, Entertainment and Broadcast Use Terms of Use apply.
2. Definitions.
Wherever used in this TOU with the first letter capitalized, these terms have the following defined meanings:
“Access Credentials” means the unique credentials provided to Company by Microsoft for use with the Services.
“Affiliate” means, with respect to an entity, any person or entity that directly or indirectly owns, is owned by, or is under common ownership with that entity. For purposes of this definition, ownership means control of more than a 50% interest in an entity.
“Agreement” means the Bing Maps Agreement and/or Volume Licensing Agreement.
“Asset” means one of any of the following classes: vehicle, device or other mobile object.
“Bing Maps Agreement” means a separately executed Bing Maps agreement(s) that incorporates this TOU including the Microsoft Service Order under the Bing Maps Platform API’s Terms of Use, Microsoft Service Agreement for Bing Maps Platform APIs and Microsoft Service Order for Bing Maps Platform APIs and all predecessor or future agreements, including agreements formerly known as the Microsoft License Agreement for MapPoint Web Services, Microsoft Service Agreement for the Virtual Earth Map Control and the MapPoint Web Service, Microsoft MapPoint Web Service Agreement – Service Order, and Service Order for Microsoft Virtual Earth Map Control and the MapPoint Web Service.
“Bing Maps AJAX Control API” means the Bing Maps Java Script API that enables developers to create Web sites and mobile Company Applications with imagery and location functionality, as described in greater detail in the SDKs.
“Bing Maps iOS Control API” means the Objective-C control that enables developers to embed maps directly into native iOS Company Applications, as described in greater detail in the SDKs.
“Bing Maps Platform APIs” means collectively the following APIs: Bing Maps AJAX Control API, Bing Maps iOS Control API, Bing Maps REST Services API, Bing Maps Silverlight Control API, Bing Maps Silverlight Control for Windows Phone API, Bing Maps SOAP Services API, Bing Maps Windows Presentation Foundation Control API Beta, and Bing Spatial Data Services API, including any successors or future versions of such APIs, and any other Bing Maps Platform APIs that Microsoft may offer via the SDKs.
“Bing Maps REST Services API” means the services that enable the use of REST URLs to perform tasks such as creating a map with pushpins, geocoding an address, retrieving imagery metadata or calculating a route, all as part of Company Applications, as described in greater detail in the SDKs.
“Bing Maps for Windows Store Apps API” means the programmable control that enables developers to create immersive Windows Store Apps Company Applications for Windows offered through the Windows Store, as described in greater detail in the SDKs.
“Bing Maps Silverlight Control API” means the programmable control that enables developers to create an immersive mapping experience with Silverlight in Company Applications, as described in greater detail in the SDKs.
“Bing Maps Silverlight Control for Windows Phone API” means the programmable control that enables developers to create immersive mapping experiences with Silverlight in Company Applications on Windows Phone, as described in greater detail in the SDKs.
“Bing Maps SOAP Services API” means the programmable SOAP services that enable developers to integrate maps and imagery, driving directions, distance calculations and other location intelligence into Company Applications, as described in greater detail in the SDKs.
“Bing Maps TOU” is the Bing Maps End User Terms of Use located here or such other locations as Microsoft may specify from time to time, that apply to end users of your Company Application.
“Bing Maps Windows Presentation Foundation Control API Beta” means the programmable control that enables developers to integrate Bing Maps into Company Applications that use Windows Presentation Foundation, as described in greater detail in the SDKs.
“Bing Spatial Data Services API” means the services that enable the use of REST URLs to geocode and reverse-geocode large sets of spatial data and to create and query data sources in Company Applications, as described in greater detail in the SDKs.
“Company Application” means the Company’s software application(s) for online services that use the Services as may be further defined in your Agreement.
“Content” means the maps, images and other data and third party content that Company is authorized to access via the Services.
“Education or Non-Profit Organization Use” means using the Services with a Company Application 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, provided that (i) your use is consistent with the terms of Section 5; and (ii) your Company Application 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; and (iii) you do not exceed 50,000 transactions of any type within any 24 hour period. Commercially funded research projects and commercial company use for educational purposes are excluded from Education or Non-Profit Organization Use.
“Evaluation for Commercial, Non-Commercial or Government Use” means using the Services for commercial, non-commercial, or government use under the TOU for a 90 day evaluation period without entering into an Agreement, provided that (i) your use is consistent with the terms of Section 7; and (ii) you do not exceed 10,000 transactions of any type including sessions as defined in the SDKs, whether billable or non-billable, in any 30 day period. If these limits interfere with your ability to evaluate the Services please contact us at<EMAIL_ADDRESS>"Known User" is a user that is provisioned and/or authenticated by Company Application (but not necessarily Company web site or network), for example through the use of usernames, passwords, digital certificates, unique IDs, smart cards, or other identification technology.
"Known User Subscription License" means the license granted to a Known User pursuant to an Agreement.
“Limited Public Website Use” means using the Services for commercial, non-commercial or government use (provided that such use is not considered Education or Non-Profit Organization Use as defined in this section) under the TOU without entering into an Agreement, provided that (i) your use is consistent with the terms of Section 6; (ii) your Company Application is available on a public website; (iii) you do not exceed either 125,000 transactions of type session or 500,000 transactions of any type, whichever comes first, both as defined in the SDKs, in any twelve month period; and (iv) you do not exceed 50,000 transactions of any type within any 24 hour period.
“Mobile App” means an Company Application that runs in a native mobile operating system including, for example, Windows Phone, Windows Mobile, iOS, BlackBerry OS, Symbian, MeeGo, Bada, Maemo, webOS and Android.
“SDKs” means the software development kits applicable to the Services, located here, including all updated and replacement development kits.
“Services” means, the Bing Maps Platform APIs to be provided by Microsoft.
“Traffic Data” means road traffic data contained in the Services.
“Volume Licensing Agreement” means a separately executed Microsoft Volume Licensing Agreement (such as an Enterprise Agreement or Microsoft Business and Services Agreement) that includes licensing of the Services and incorporates this TOU.
“Windows Store App” means a Company Application that uses the Bing Maps for Windows Store Apps API.
3. Use with a Bing Maps Agreement. If you have separately entered into a Bing Maps Agreement, the following terms also apply to your use of the Services. Please note that we do not provide warranties for the Services under this section. This TOU also limits our liability. These terms are in Sections 3.8 and 3.9 and we ask you to read them carefully.
3.1 License Rights. In exchange for the fees set forth in your Bing Maps Agreement and subject to your compliance with Sections 1, 2, and 3 of this TOU, you may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs. Your use shall be subject to any additional restrictions or rights included in your Bing Maps Agreement. In the event of any conflict between this TOU and your Bing Maps Agreement, the Bing Maps Agreement shall prevail. In using the Services and developing Company Applications you must: obey the law (including local, state, federal or other applicable consumer privacy regulations); not violate the rights of any third party; and obey any codes of conduct or other notices we provide.
3.2 General Restrictions. We do have some restrictions on your use of the Services. In developing Company Applications, and in using the Services, you may not, nor may you permit your customers to:
(a) Upload any content to the Services, or use the Services to display or perform in your Company Application, any content:
· for which you do not have all necessary permissions from the copyright holder(s);
· which includes nudity or is obscene, indecent or pornographic;
· which is intended to exploit minors in any way;
· which incites, advocates, or expresses hatred, bigotry, racism, or gratuitous violence; or
· which is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so.
(b) Copy, store, archive, or create a database of the Content, except that geocodes may be stored locally only for use with your Company Applications.
(c) Exceed a total of 24 batch geocoding or file uploads with a maximum of 200,000 records each, using the Bing Spatial Data Services API, within any 24 hour period.
(d) Use geocodes other than in conjunction with a Bing map or your Company Application that integrates the Services.
(e) Present or alert an end user to individual maneuvers of a route in any way that is synchronized with the end-user’s sensor-based position along the route (e.g. turn by turn navigation that tracks end-user’s position using GPS and communicates a maneuver as the end-user approaches the location for such maneuver).
(f) Change, obscure, or minimize any logo, trademark, copyright or other notice of Microsoft or its suppliers, or digital watermarks in the Content; except that we may make alternative logo, trademark and copyright attribution requirements available for use with small maps or on small devices; if available you will find them here.
(g) Use the Services for business asset tracking, fleet management, or dispatch including, without limitation, to monitor or track the location or movement of Asset(s), including to provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods, or use Traffic Data with Assets, unless such use is specifically allowed in your Bing Maps Agreement.
(h) Use Traffic Data other than on Internet based web pages (or WAP or substantially similar wireless protocol based pages). Nor may you use Traffic Data with messaging protocols such as email, SMS, MMS or other plain text or rich text messaging.
(i) License or use Traffic Data with: standalone traffic application providers; radio/television stations, newspaper services, government-sponsored traveler information services or any websites owned by the foregoing.
(j) Use Traffic Data other than in combination with the Services and not separately. You may not deconstruct or mix and match the Traffic Data with traffic data from another supplier or associate or add any traffic data to or in combination with the Traffic Data. You may not use Traffic Data for television or radio broadcast; in conjunction with weather related services; for animation; or for storing or provision of continuously updated traffic data or alerts to end users.
(k) Transmit, sell, license or deliver any infringing, defamatory, offensive, or illegal products, services or materials.
(l) Violate any applicable U.S. Export Administration Regulations or end-user, end-use and destination restrictions issued by U.S. and other governments. The Services are subject to U.S. export jurisdiction.
(m) Use the Services in any way that threatens the integrity, performance or reliability of the Services including performance or stress testing, or in any manner that works around any technical limitations in the Services; except that you may test the performance of the Services provided such testing is not at levels above Company’s peak performance levels during the prior three (3) months.
(n) Syndicate, redistribute, resell or sublicense access to the Services or Content on a standalone basis, unless specifically allowed in your Bing Maps Agreement.
(o) Falsify or alter any unique referral identifier in, or assigned to, a Company Application, or otherwise obscure or alter the source of queries coming from a Company Application.
(p) Reverse engineer, decompile or disassemble the Services, except and only to the extent that applicable law expressly permits, despite this limitation.
(q) Integrate road maps from the Services with road maps supplied by any third party. You may not replace aerial imagery from the Services with imagery supplied by any other mapping platform. Notwithstanding the foregoing, you may overlay aerial imagery that you have the rights to use, provided that such imagery does not substantially replace the base aerial imagery provided by the Services. You may incorporate various data layers of types not available through the Services, in the Company Applications (for example, demographic or school location data). You may combine or overlay Ordnance Survey's United Kingdom mapping data or data derived from Ordnance Survey’s United Kingdom mapping data (but not Ordnance Survey roads data) with the Services, provided that you have procured all such rights to the Ordnance Survey United Kingdom mapping data, that such use of the Ordnance Survey United Kingdom mapping data with the Services is consistent with your Ordnance Survey license, and that you indemnify Microsoft for such use pursuant to Section 3.8.
(r) Use bird’s eye aerial imagery (if it is made available through the Bing Maps Platform APIs) to reveal latitude, longitude, altitude or other metadata.
(s) Save, download, print, distribute, transmit or manipulate the bird’s eye imagery, or offer others that ability, through your Company Application.
(t) Allow use of bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia, and/or Japan by a government entity.
(u) Use Content from Ordnance Survey for non-publicly available Company Applications.
Additional restrictions may apply to use of particular Content or functionalities, as set forth in the SDKs from time to time.
3.3 Developer Accounts. Microsoft will provide Company with access to developer accounts which may be used for up to 10,000 cumulative transactions, of any type including sessions, both billable or non-billable, within any 30 day period, across all Company developer accounts. Developer accounts may only be used by Company for developing, testing and maintenance of the Services with Company Applications consistent with all other terms in this Section 3. If these limits interfere with your ability to use the Services please contact us at<EMAIL_ADDRESS>3.4 Account Access. We require use of Access Credentials to use the Services, and require use of transaction tracking and/or session tracking methods for all uses of the Services, as described in the applicable SDKs. Company will use the Access Credentials to: (a) access the Services; and (b) access an administrative customer service site. Company will not make its Access Credentials available to any third party except a third party authorized to act on its behalf. Company is responsible for all use of the Services through its Access Credentials. Company will promptly notify us if it learns of a security breach related to your Access Credentials and use of the Services.
3.5 Bing Maps TOU. You must provide a hypertext link to the Bing Maps TOU: (i) at the bottom of each page in your Company Application where the Services can be viewed or accessed, or (ii) within the terms of use of your Company Application. Microsoft may change the Bing Maps TOU from time to time and will provide notice as set forth in Section 3.10(a). Company is responsible for notifying its end users of changes as appropriate and will comply with Microsoft’s reasonable instructions in doing so. You may not encourage or require any end user to breach the terms of the Bing Maps TOU.
3.6 Privacy. Microsoft may collect information such as, but not limited to, an end user’s IP address, requests, time of submissions and the results returned to the user, in connection with transaction requests to the Services. All access to and use of the Services is subject to the data practices set forth in the then-current Microsoft Online Privacy Statement, a current copy of which is available at http://go.microsoft.com/fwlink/?LinkID=248686. You are responsible for providing end users with adequate notice of the privacy practices applicable to your Company Application.
3.7 Intellectual Property and Reservation of Rights. All rights to the Services and the Content, including rights of use, not specifically granted under this TOU or your Bing Maps Agreement are reserved by Microsoft and its suppliers. Except as set forth in your Bing Maps Agreement, this TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property, including intellectual property that Company has licensed from third parties.
Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us, that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Services (called a “Submission”). However, by posting or otherwise providing your Submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider, this constitutes a Submission, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a Submission), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your Submission, each in connection with the Services, and sublicense these rights to others in order to provide the Services. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section.
3.8 Duty to Defend.
(a) Microsoft. Microsoft agrees at its expense to defend Company in a lawsuit or other judicial action, and pay the amount of any adverse final judgment (after any appeals) or settlement to which Microsoft consents, for any claim made by an unaffiliated third party that the Services infringe its copyright, trademark or patent, or misappropriates a trade secret (individually and collectively, an "Infringement Claim").
(b) Company. Company agrees at its expense to defend Microsoft in a lawsuit or other judicial action, and pay the amount of any adverse final judgment (after any appeals) or settlement to which Company consents, for any claim made by an unaffiliated third party to the extent based on the operation of any Company Application (together with any Infringement Claim, individually and collectively, a “Claim”).
(c) Conditions. With regard to any Claim, either party’s obligations are subject to the following conditions: (a) the party seeking defense (the “Defended party”) must promptly notify the other party (the “Defending party”) in writing of the Claim; (b) the Defending party will have sole control over defense or settlement of the Claim; and (c) the Defended party must provide the Defending party with reasonable assistance in the defense of the Claim, for which the Defending party will reimburse Defended party’s reasonable out of pocket expenses. Defended party will have the right to employ separate counsel and participate in the defense at Defended party’s expense. Defending party may not settle the Claim without the Defended party’s prior written consent, if such settlement would result in any admission, liability or limitation upon future actions of the Defended party.
(d) Exceptions. Microsoft’s obligations will not apply to the extent any Claim or adverse final judgment is based on: (a) any unauthorized use, disposition or promotion of the Services or a Microsoft trademark by Company; (b) a patent or copyright owned or controlled by Company or its Affiliate; (c) combining the Services with a non-Microsoft product, data or business process, if the basis of the Claim would not have existed but for such combination; or (d) continued use of any part of the Services after notice from Microsoft to stop use because of any alleged infringement. Company will reimburse Microsoft for all damages, costs, and expenses resulting from such actions.
(e) Mitigation. In addition to the obligations in Section 3.8(a) above, Microsoft may, in connection with a potential Infringement Claim, at its expense and option, take further action such as: (a) procuring for Company the rights or licenses necessary to address the Infringement Claim; (b) replacing or modifying the Services to make it non-infringing, or (c) terminating the Services and refunding any fees prepaid by Company for undelivered Services.
(f) Exclusive Remedy. This Section 3.8 provides Company’s exclusive remedy for third party Infringement Claims.
3.9 Limitation of Liabilities and Disclaimer.
(a) Limitation of Liabilities. Neither party nor its suppliers will be liable for any indirect damages, (including, without limitation, consequential, special or incidental damages, damages for loss of profits or revenues, business interruption, or loss of business information) arising out of or related to the Services, Content, TOU or Bing Maps Agreement, even if advised of the possibility of such damages or if the possibility was reasonably foreseeable. Neither party’s aggregate liability for all claims, actions and/or omissions arising from or related to this TOU, the Bing Maps Agreement, the Services or the Content will exceed the greater of (a) the amount of fees paid by Company to Microsoft in the twelve (12) months preceding the date the claim arises, or (b) two hundred and fifty thousand dollars ($250,000). These limitations will apply even if any remedy fails its essential purpose. None of the limitations and exclusions in this section apply to claims related to either party’s violation of the other party’s intellectual property rights, under Section 3.8 (Duty to Defend), or to any obligation to pay fees.
(b) Disclaimer of Warranties. The Services and all Content are provided “as is” without warranty of any kind. To the maximum extent permitted by law, any and all representations, warranties or conditions of any kind whatsoever (including, but not limited to, implied or statutory warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or satisfactory quality), all with regard to the Services and any Content, are expressly excluded. Microsoft makes no warranty that the Services will operate properly as integrated with the Company Applications, that the Services will be uninterrupted, or that any Content will be accurate or complete.
(c) Disclaimer of Reliance. Microsoft specifically disclaims any liability for end users’ reliance on the Services. Without limiting the foregoing, Microsoft shall have no liability for harm to end users resulting from reliance on any map or direction provided hereunder.
3.10 General Legal Terms.
(a) Notices. All legal notices in connection with the Bing Maps Agreement or this TOU must be sent by post, express courier, facsimile or email to the addresses and numbers indicated in the Address Schedule of the Bing Maps Agreement. You are responsible for keeping your contact information up to date.
This TOU is in electronic form. We have promised to send you certain information in connection with the Services and have the right to send you certain additional information, including that which may be required by law, which we may send in electronic form. If you do not consent to receive notices electronically, you must stop using the Services.
We may provide required information to you:
· at the e-mail address in your Bing Maps Agreement or any email address you specified via www.bingmapsportal.com (you are responsible for keeping your contact information up to date); or
· by posting on any portion of this TOU or to another Microsoft web site that will be designated in advance for this purpose.
Notices will be deemed given on the date shown on the postal return receipt or on the courier, facsimile or email confirmation delivery.
(b) How We May Change the TOU. We may update the TOU from time to time and the impact of such changes is governed by your Bing Maps Agreement.
(c) Force Majeure. Microsoft and Company will not be in default of the Bing Maps Agreement or this TOU if performance is delayed or prevented for reasons beyond its control, so long as it resumes performance as soon as practical.
(d) Survival. Sections 3.1, 3.2 and 3.7 through and including 3.10 will survive the termination or expiration of your Bing Maps Agreement for any reason.
(e) Assignment. The Bing Maps Agreement and TOU will be binding on the parties and their successors and assigns. We may assign the Bing Maps Agreement and TOU, in whole or in part, at any time with notice to you. Company may assign the Bing Maps Agreement to an Affiliate or to a third party on prior notice to Microsoft, provided that the assignee agrees in writing to be liable for all debts and obligations of the Company under the Bing Maps Agreement.
(f) Enforceability and Interpreting the TOU. All parts of this TOU apply to the maximum extent permitted by law. If any provision of the Bing Maps Agreement or this TOU is unenforceable, the parties (or, if the parties cannot agree, a court) will revise it so that it can be enforced. Even if no revision is possible, the rest of the Bing Maps Agreement and this TOU will remain in place. This TOU, together with your Bing Maps Agreement, constitutes the entire agreement between you and us regarding your use of the Services.
(g) Taxes. The amounts to be paid by Company to Microsoft under a respective Bing Maps Agreement do not include any foreign, U.S. federal, state, local, municipal or other governmental taxes, duties, levies, fees, excises or tariffs, arising as a result of or in connection with the transactions or sessions contemplated under the Bing Maps Agreement. Company shall pay to Microsoft any applicable value added, sales or use taxes or like taxes that are owed by Company solely as a result of entering into the Bing Maps Agreement and which are permitted to be collected from Company by Microsoft under applicable law. Company may provide to Microsoft a valid exemption certificate in which case Microsoft shall not collect the taxes covered by such certificate. Microsoft is not liable for any of the taxes of Company that Company is legally obligated to pay (“Company’s Taxes”) which are incurred or arise in connection with or related to the sale of goods and services under the Bing Maps Agreement, and all such taxes (including, but not limited to, net income or gross receipts taxes, franchise taxes, and property taxes) shall be the financial responsibility of Company. Company agrees to indemnify, defend and hold Microsoft harmless from Company’s Taxes or claims, causes of action, costs (including, without limitation, reasonable attorneys’ fees) and any other liabilities of any nature whatsoever related to such taxes. If any taxes are required by law to be withheld on payments made by Company to Microsoft, Company may deduct such taxes from the amount owed Microsoft and pay such taxes to the appropriate taxing authority; provided however, that Company shall promptly secure and deliver to Microsoft an official receipt for any such taxes withheld or other documents necessary to enable Microsoft to claim a U.S. Foreign Tax Credit. Company will make certain that any taxes withheld are minimized to the extent possible under applicable law.
(h) Choice of Law and Location for Resolving Disputes. If you are headquartered anywhere other than Europe: (i) Washington State law governs the interpretation of this TOU and your Bing Maps Agreement and applies to claims for breach, regardless of conflict of laws principles; and (ii) you and we 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 the Bing Maps Agreement and TOU. If you are headquartered in Europe, the Bing Maps Agreement and TOU will be construed and governed by the substantive laws of England and Wales. The parties waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. In any dispute relating to the Bing Maps Agreement or TOU the prevailing party will be entitled to recover reasonable attorneys' fees and costs.
(i) No Third Party Beneficiaries. This TOU is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
(j) No Joint Venture/Independent Development. The parties are operating as independent contractors, and nothing in this TOU will be construed as creating a partnership, franchise, joint venture, employer-employee or agency relationship.
(k) Waiver. Any delay or failure of either party to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
(l) Logos; Marketing. Except as otherwise agreed to by the parties in writing, neither party will use any logo or trademark of the other party for marketing or any other purpose without the other party’s prior written approval.
(m) Print Rights. If print rights are available for the Services, such rights will be included here.
4. Use with a Volume Licensing Agreement. If you have separately entered into a Volume Licensing Agreement, the following terms also apply to your use of the Services.
4.1 License Rights. In exchange for the fees set forth in your Volume Licensing Agreement and subject to your compliance with Sections 1, 2, and 4 of this TOU, you may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs. Your use shall be subject to any additional restrictions or rights included in your Volume Licensing Agreement. In the event of any conflict between this TOU and your Volume Licensing Agreement, the Volume Licensing Agreement shall prevail. In using the Services and developing Company Applications you must: obey the law (including local, state, federal or other applicable consumer privacy regulations); not violate the rights of any third party; and obey any codes of conduct or other notices we provide.
4.2 General Restrictions. We do have some restrictions on your use of the Services. In developing Company Applications, and in using the Services, you may not, nor may you permit your customers to:
(a) Upload any content to the Services, or use the Services to display or perform in your Company Application, any content:
· for which you do not have all necessary permissions from the copyright holder(s);
· which includes nudity or is obscene, indecent or pornographic;
· which is intended to exploit minors in any way;
· which incites, advocates, or expresses hatred, bigotry, racism, or gratuitous violence; or
· which is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so.
(b) Copy, store, archive, or create a database of the Content, except that geocodes may be stored locally only for use with your Company Applications.
(c) Exceed 100,000 total requests or 20 requests per Known User Subscription License, whichever is greater, of geocoding transactions of any type or routing requests all measured as an average over any 24 hour period, if you are under a Known User Subscription License. Nor may you exceed a total of 24 batch geocoding or file uploads with a maximum of 200,000 records each, using the Bing Spatial Data Services API, within any 24 hour period. If these limits interfere with your ability to use the Services please contact us at<EMAIL_ADDRESS>(d) Use geocodes other than in conjunction with a Bing Map or your Company Application that integrates the Services.
(e) Present or alert an end user to individual maneuvers of a route in any way that is synchronized with the end-user’s sensor-based position along the route (e.g. turn by turn navigation that tracks end-user’s position using GPS and communicates a maneuver as the end-user approaches the location for such maneuver).
(f) Change, obscure, or minimize any logo, trademark, copyright or other notice of Microsoft or its suppliers, or digital watermarks in the Content; except that we may make alternative logo, trademark and copyright attribution requirements available for use with small maps or on small devices; if available you will find them here.
(g) Use the Services for business asset tracking, fleet management, or dispatch including, without limitation, to monitor or track the location or movement of Asset(s), including to provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods or use Traffic Data with Assets.
(h) Use Traffic Data other than on Internet based web pages (or WAP or substantially similar wireless protocol based pages). Nor may you use Traffic Data with messaging protocols such as email, SMS, MMS or other plain text or rich text messaging.
(i) License or use Traffic Data with: standalone traffic application providers; radio/television stations, newspaper services, government-sponsored traveler information services or any websites owned by the foregoing.
(j) Use Traffic Data other than in combination with the Services and not separately. You may not deconstruct or mix and match the Traffic Data with traffic data from another supplier or associate or add any traffic data to or in combination with the Traffic Data. You may not use Traffic Data for television or radio broadcast; in conjunction with weather related services; for animation; or for storing or provision of continuously updated traffic data or alerts to end users.
(k) Transmit, sell, license or deliver any infringing, defamatory, offensive, or illegal products, services or materials.
(l) Violate any applicable U.S. Export Administration Regulations or end-user, end-use and destination restrictions issued by U.S. and other governments. The Services are subject to U.S. export jurisdiction.
(m) Use the Services in any way that threatens the integrity, performance or reliability of the Services including performance or stress testing, or in any manner that works around any technical limitations in the Services; except that you may test the performance of the Services provided such testing is not at levels above Company’s peak performance levels during the prior three (3) months.
(n) Syndicate, redistribute, resell or sublicense access to the Services or Content on a standalone basis, unless specifically allowed in your Volume Licensing Agreement.
(o) Falsify or alter any unique referral identifier in, or assigned to, a Company Application, or otherwise obscure or alter the source of queries coming from a Company Application.
(p) Reverse engineer, decompile or disassemble the Services, except and only to the extent that applicable law expressly permits, despite this limitation.
(q) Integrate road maps from the Services with road maps supplied by any third party. You may not replace aerial imagery from the Services with imagery supplied by any other mapping platform. Notwithstanding the foregoing, you may overlay aerial imagery that you have the rights to use, provided that such imagery does not substantially replace the base aerial imagery provided by the Services. You may incorporate various data layers of types not available through the Services, in the Company Applications (for example, demographic or school location data). You may combine or overlay Ordnance Survey's United Kingdom mapping data or data derived from Ordnance Survey’s United Kingdom mapping data (but not Ordnance Survey roads data) with the Services, provided that you have procured all such rights to the Ordnance Survey United Kingdom mapping data, that such use of the Ordnance Survey United Kingdom mapping data with the Services is consistent with your Ordnance Survey license, and that you indemnify Microsoft for all such use pursuant to your Volume Licensing Agreement.
(r) Use bird’s eye aerial imagery (if it is made available through the Bing Maps Platform APIs) to reveal latitude, longitude, altitude or other metadata.
(s) Save, download, print, distribute, transmit or manipulate the bird’s eye imagery, or offer others that ability, through your Company Application.
(t) Allow use of bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia, and/or Japan by a government entity.
(u) Use Content from Ordnance Survey for non-publicly available Company Applications.
Additional restrictions may apply to use of particular Content or functionalities, as set forth in the SDKs from time to time.
4.3 Services Update. Microsoft will make commercially reasonable efforts to provide advance notice of material updates to the Services. When Microsoft reasonably believes an update will require significant changes to all Company Applications using the Services (such as major version releases – e.g. v1.0 to v2.0), Microsoft will keep the previous version (one version back) of the Services available for at least twelve (12) months after the release of the new version. Company may be unable to access the Services if it does not upgrade Company Applications to the latest version during that time.
4.4 Account Access and Developer Accounts.
(a) We require use of Access Credentials to use the Services, and require use of transaction tracking and/or session tracking methods for all uses of the Services, as described in the applicable SDKs. Company will use the Access Credentials to: (i) access the Services, and (ii) access an administrative customer service site. Company will not make its Access Credentials available to any third party except a third party authorized to act on its behalf. Company is responsible for all use of the Services through its Access Credentials. Company will promptly notify us if it learns of a security breach related to your Access Credentials and use of the Services.
(b) Microsoft will provide Company with access to developer accounts which may be used for up to 10,000 cumulative transactions, of any type including sessions, both billable or non-billable, within any 30 day period, across all Company developer accounts. Developer accounts may only be used by Company for developing, testing and maintenance of the Services with Company Applications consistent with all other terms in this Section 4. If these limits interfere with your ability to use the Services please contact us at<EMAIL_ADDRESS>4.5 End User Terms. You must provide a hypertext link to the Bing Maps TOU: (i) at the bottom of each page in your Company Application where the Services can be viewed or accessed, or (ii) within the terms of use of your Company Application. Microsoft may change the Bing Maps TOU from time to time and will provide notice as set forth in Section 4.8(a). Company is responsible for notifying its end users of changes as appropriate and will comply with Microsoft’s reasonable instructions in doing so. You may not encourage or require any end user to breach the terms of the Bing Maps TOU.
4.6 Privacy. Microsoft may collect information such as, but not limited to, an end user’s IP address, requests, time of submissions and the results returned to the user, in connection with transaction requests to the Services. All access to and use of the Services is subject to the data practices set forth in the then-current Microsoft Online Privacy Statement, a current copy of which is available at http://go.microsoft.com/fwlink/?LinkID=248686. You are responsible for providing end users with adequate notice of the privacy practices applicable to your Company Application.
4.7 Intellectual Property and Reservation of Rights. All rights to the Services and the Content, including rights of use, not specifically granted under this TOU or your Volume Licensing Agreement are reserved by Microsoft and its suppliers. Except as set forth in your Volume Licensing Agreement, this TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property, including intellectual property that Company has licensed from third parties.
Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us, that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Services (called a “Submission”). However, by posting or otherwise providing your Submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider, this constitutes a Submission, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a Submission), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your Submission, each in connection with the Services, and sublicense these rights to others in order to provide the Services. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section.
4.8 General Legal Terms.
(a) Notices. All Bing Maps legal notices between the parties will be sent consistent with your Volume Licensing Agreement. You are responsible for keeping your contact information up to date. This TOU is in electronic form. We have promised to send you certain information in connection with the Services and have the right to send you certain additional information, including that which may be required by law, which we may send in electronic form. If you do not consent to receive notices electronically, you must stop using the Services.
We may provide required information to you:
· at the e-mail address provided through your Volume Licensing Agreement or any email address you specified via www.bingmapsportal.com (you are responsible for keeping your contact information up to date); or
· by posting on any portion of this TOU or to another Microsoft web site that will be designated in advance for this purpose.
Notices will be deemed given on the date shown on the postal return receipt or on the courier, facsimile or email confirmation delivery.
(b) How We May Change the TOU. We may update the TOU from time to time and the impact of such changes is governed by your Volume Licensing Agreement.
(c) Survival. Sections 4.1, 4.2, 4.7 and 4.8 will survive the termination or expiration of your Volume Licensing Agreement for any reason.
(d) Enforceability and Interpreting the TOU. All parts of this TOU apply to the maximum extent permitted by law. If any provision of the Volume Licensing Agreement or this TOU is unenforceable, the parties (or, if the parties cannot agree, a court) will revise it so that it can be enforced. Even if no revision is possible, the rest of the Volume Licensing Agreement and this TOU will remain in place. This TOU, together with your Volume Licensing Agreement, constitutes the entire agreement between you and us regarding your use of the Services.
(e) No Third Party Beneficiaries. This TOU is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
(f) No Joint Venture/Independent Development. The parties are operating as independent contractors, and nothing in this TOU will be construed as creating a partnership, franchise, joint venture, employer-employee or agency relationship.
(g) Waiver. Any delay or failure of either party to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
(h) Logos; Marketing. Except as otherwise agreed to by the parties in writing, neither party will use any logo or trademark of the other party for marketing or any other purpose without the other party’s prior written approval.
(i) Volume Licensing Agreement Terms. For clarity, the following terms will be governed as set forth in your Volume Licensing Agreement: Confidentiality; Duty to Defend; Limitation of Liabilities and Disclaimers; Taxes; Choice of Law and Location for Resolving Disputes; Force Majeure; and Assignment.
(j) Print Rights. If print rights are available for the Services, such rights will be included here.
5. Education or Non-Profit Organization Use. Subject to your compliance with Sections 1, 2, 5 and 8 of this TOU, you may develop or host a Company Application that uses the Services to display results for Education or Non-profit Organization Use (as defined in Section 2). You may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs. Please note that we do not provide warranties for the Services for Education or Non-Profit Organization Use under this Section 5. This TOU also limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
6. Limited Public Website Use. Subject to your compliance with Sections 1, 2, 6 and 8 of this TOU, you may develop or host a Company Application that uses the Services for Limited Public Website Use (as defined in Section 2). You may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs. If you will exceed the Limited Public Website Use transaction limits or limits on use of the Bing Spatial Data Services API, please contact us at<EMAIL_ADDRESS>to discuss how you can license additional transactions. Please note that we do not provide warranties for the Services for Limited Public Website Use under this Section 6. This TOU also limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
7. Evaluation for Commercial, Non-Commercial or Government Use. Subject to your compliance with Sections 1, 2, 7 and 8 of this TOU, you may develop or host a Company Application that uses the Services for a 90 day evaluation period. You may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs. If you will exceed the Evaluation for Commercial, Non-Commercial or Government Use transaction limits or limits on use of the Bing Spatial Data Services API, please contact us at<EMAIL_ADDRESS>to discuss how you can license additional transactions for evaluation use. Please note that we do not provide warranties for the Services for Evaluation for Commercial, Non-Commercial or Government Use under this Section 7. This TOU also limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
7.1 Use of Bird’s Eye Aerial Imagery. You may use bird’s eye aerial imagery (if it is made available through the Bing Maps Platform APIs) consistent with the following restrictions:
(a) You may not use bird’s eye aerial imagery to reveal latitude, longitude, altitude or other metadata.
(b) You may not save, download, print, distribute, transmit or manipulate the bird’s eye imagery, or offer others that ability, through your Company Application.
(c) You may not allow use of bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia, and/or Japan by a government entity.
8. General Terms for use of the Services under TOU Sections 5, 6, 7, 9 and 10.
If you use the Services under Sections 5 (Education or Non-Profit Organization Use), 6 (Limited Public Website Use) or 7 (Evaluation for Commercial, Non-Commercial or Government Use), the terms in this Section 8 apply to your use of the Services.
8.1 General Limitations and Conditions of the Services. In using the Services and developing Company Applications you must: obey the law (including local, state, federal or other applicable consumer privacy regulations); not violate the rights of any third party; and obey any codes of conduct or other notices we provide. We may use technology or other means to protect the Services that you will not circumvent. These means may include, for example, filtering to increase security. Microsoft may, in its sole discretion, limit the: (i) rate at which the Services, or any subset of it, may be called, (ii) amount of storage made available to each Services account, or (iii) length of individual content segments that may be uploaded to, or served from, the Services (all of the foregoing being forms of “Throttling”).
8.2 General Restrictions. We do have some restrictions on your use of the Services. In developing Company Applications, and in using the Services, you may not, nor may you permit your customers to:
(a) Upload any content to the Services, or use the Services to display or perform in your Company Application, any content:
· for which you do not have all necessary permissions from the copyright holder(s);
· which includes nudity or is obscene, indecent or pornographic;
· which is intended to exploit minors in any way;
· which incites, advocates, or expresses hatred, bigotry, racism, or gratuitous violence; or
· which is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so.
(b) Copy, store, archive, or create a database of the Content, except that geocodes may be stored locally only for use with your Company Applications.
(c) Exceed 50,000 transactions of any type within any 24 hour period. Nor may you exceed a total of 5 batch geocoding or file uploads with a maximum of 50 records each, using the Bing Spatial Data Services API, within any 24 hour period.
(d) Use geocodes other than in conjunction with a Bing Map or your Company Application that integrates the Services.
(e) Present or alert an end user to individual maneuvers of a route in any way that is synchronized with the end-user’s sensor-based position along the route (e.g. turn by turn navigation that tracks end-user’s position using GPS and communicates a maneuver as the end-user approaches the location for such maneuver).
(f) Change, obscure, or minimize any logo, trademark, copyright or other notice of Microsoft or its suppliers; digital watermarks in the Content; or any search box, portion of the results, or advertisement; except that we may make alternative logo, trademark, and copyright attribution requirements available for use with small maps or on small devices; if available you will find them here.
(g) Use the Services for business asset tracking, fleet management, or dispatch including, without limitation, to monitor or track the location or movement of Asset(s), including to provide guidance based on the position or routing of multiple objects tracked using GPS or other sensor-generated methods.
(h) Use bird’s eye aerial imagery (except you may use bird’s eye aerial imagery if your use of the Services is under Section 7 and consistent with Section 7.1 accordingly).
(i) Use Traffic Data other than on Internet based web pages (or WAP or substantially similar wireless protocol based pages). Nor may you use Traffic Data with messaging protocols such as email, SMS, MMS or other plain text or rich text messaging.
(j) License or use Traffic Data with: standalone traffic application providers; radio/television stations, newspaper services, government-sponsored traveler information services or any websites owned by the foregoing.
(k) Use Traffic Data other than in combination with the Services and not separately. You may not deconstruct or mix and match the Traffic Data with traffic data from another supplier or associate or add any traffic data to or in combination with the Traffic Data. You may not use Traffic Data for television or radio broadcast; in conjunction with weather related services; for animation; or for storing or provision of continuously updated traffic data or alerts to end users.
(l) Use the Services in a way that harms us or our Affiliates or suppliers.
(m) Transmit, sell, license or deliver any infringing, defamatory, offensive, or illegal products, services or materials.
(n) Violate any applicable U.S. Export Administration Regulations or end-user, end-use and destination restrictions issued by U.S. and other governments. The Services are subject to U.S. export jurisdiction.
(o) Use the Services in any way that threatens the integrity, performance, or reliability of the Services including performance or stress testing, or in any manner that works around any technical limitations in the Services.
(p) Syndicate, redistribute, resell or sublicense access to the Services or Content on a standalone basis.
(q) Falsify or alter any unique referral identifier in, or assigned to, a Company Application, or otherwise obscure or alter the source of queries coming from a Company Application.
(r) Use any automated process or service to access and/or use the Services (such as a BOT, a spider, periodic caching of information stored by Microsoft, or “meta-searching”).
(s) Reverse engineer, decompile or disassemble the Services, except and only to the extent that applicable law expressly permits, despite this limitation.
(t) Integrate road maps from the Services with road maps supplied by any third party. You may not replace aerial imagery from the Services with imagery supplied by any other mapping platform. Notwithstanding the foregoing, you may overlay aerial imagery that you have the rights to use, provided that such imagery does not substantially replace the base aerial imagery provided by the Services. You may incorporate various data layers of types not available through the Services, in the Company Applications (for example, demographic or school location data). You may combine or overlay Ordnance Survey's United Kingdom mapping data or data derived from Ordnance Survey’s United Kingdom mapping data (but not Ordnance Survey roads data) with the Services, provided that you have procured all such rights to the Ordnance Survey United Kingdom mapping data, that such use of the Ordnance Survey United Kingdom mapping data with the Services is consistent with your Ordnance Survey license, and that you indemnify Microsoft for such use pursuant to this TOU.
(u) Use Content from Ordnance Survey for non-publicly available Company Applications.
Additional restrictions may apply to use of particular Content or functionalities, as set forth in the SDKs from time to time. We reserve the right to include a search box or advertising in the Content served through the Services. You will not intentionally omit or obscure such advertising, search box or search results including advertising when displaying such Content to end users.
8.3 Account Access. We require use of Access Credentials to use the Services, and require use of transaction tracking and/or session tracking methods for all uses of the Services, as described in the applicable SDKs. Company will use the Access Credentials to: (a) access the Services, and (b) access an administrative customer service site. Company will not make its Access Credentials available to any third party except a third party authorized to act on its behalf. Company is responsible for all use of the Services through its Access Credentials. Company will promptly notify us if it learns of a security breach related to your Access Credentials and use of the Services.
8.4 Bing Maps TOU. You must provide a hypertext link to the Bing Maps TOU: (i) at the bottom of each page in your Company Application where the Services can be viewed or accessed, or (ii) within the terms of use of your Company Application. Microsoft may change the Bing Maps TOU from time to time. Company is responsible for notifying its end users of changes as appropriate and will comply with Microsoft’s reasonable instructions in doing so. You may not encourage or require any end user to breach the terms of the Bing Maps TOU.
8.5 Privacy. Microsoft may collect information such as, but not limited to, an end user’s IP address, requests, time of submissions and the results returned to the user, in connection with transaction requests to the Services. All access to and use of the Services is subject to the data practices set forth in the then-current Microsoft Online Privacy Statement, a current copy of which is available at http://go.microsoft.com/fwlink/?LinkID=248686. You are responsible for providing end users with adequate notice of the privacy practices applicable to your Company Application.
8.6 Intellectual Property and Reservation of Rights. Microsoft and its suppliers retain all right, title and interest in and to the Services, Content, the SDKs and all intellectual property rights therein, except for the limited rights expressly granted herein. This TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property including intellectual property that Company has licensed from third parties.
Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us, that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Services (called a “Submission”). However, by posting or otherwise providing your Submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider, this constitutes a Submission, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a Submission), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your Submission, each in connection with the Services, and sublicense these rights to others in order to provide the Services. We may refuse to publish and may remove your Submission from the Services at any time. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section.
8.7 Your Responsibility. You will indemnify and hold the Microsoft parties harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of any breach by you of any obligation or warranty under this TOU. You will be solely responsible for defending any claim, subject to Microsoft's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on the Microsoft parties without Microsoft's prior written consent.
8.8 We Make No Warranty. We provide the Services and Content “as-is,” “with all faults”, “as available” and without warranty of any kind. To the maximum extent permitted by law, any and all representations, warranties or conditions of any kind whatsoever (including, but not limited to, implied or statutory warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or satisfactory quality), all with regard to the Services and any Content, are expressly excluded. Microsoft makes no warranty that the Services will operate properly as integrated with the Company Applications, that the Services will be uninterrupted, or that any Content will be accurate or complete. Microsoft specifically disclaims any liability for end users’ reliance on the Services. Without limiting the foregoing, Microsoft shall have no liability for harm to end users resulting from reliance on any map or direction provided hereunder.
8.9 Liability Limitation. You can recover from Microsoft only direct damages up to an amount equal to fees you have paid to us for the Services for one month. Neither party nor its suppliers will be liable for any indirect damages, (including, without limitation, consequential, special or incidental damages, damages for loss of profits or revenues, business interruption, or loss of business information) arising out of or related to the Services, Content, or TOU even if advised of the possibility of such damages or if the possibility was reasonably foreseeable.
8.10 Changes to the Services; Cancellation or Suspension of the Services; Audit. We may change, cancel or suspend your use of the Services at any time. Some changes to the Services may cause existing Company Applications to stop working. Our cancellation or suspension may be without cause and/or without notice. Upon Services cancellation, your right to use the Services stops right away. Once the Services are cancelled or suspended, any data you have stored on the Services may not be retrieved later. Microsoft reserves the right to verify your compliance with this TOU.
8.11 General Legal Terms.
(a) How We May Change the Contract. We may update the TOU from time to time. If we change this TOU, then we will provide notice as provided in Section 8.11(g). If you do not agree to these changes, then you must stop using the Services. If you do not stop using the Services, then your use of the Services will continue under the changed TOU. In the future we may choose to charge for all use of the Services, or change the requirements for use free of charge. If we choose to change the fee requirements for the Services, Microsoft will provide notice of such terms as provided in Section 8.11(g), and you may elect to stop using the Services rather than incurring fees.
(b) Term. This TOU will become effective on your first use of the Services. This TOU may be terminated immediately for any reason and without notice by Microsoft. If this TOU terminates, all rights granted to you by this TOU will automatically terminate and you will cease to have any rights to use the Services.
(c) Force Majeure. Microsoft and Company will not be in default of this TOU if performance is delayed or prevented for reasons beyond its control, so long as it resumes performance as soon as practical.
(d) Survival. Sections 8.1, 8.2 and 8.6 through and including 8.11 will survive the termination or expiration of this TOU for any reason.
(e) Assignment. We may assign the TOU, in whole or in part, at any time with notice to you.
(f) Enforceability and Interpreting the TOU. All parts of this TOU apply to the maximum extent permitted by law. If any provision of the TOU is unenforceable, the parties (or, if the parties cannot agree, a court) will revise it so that it can be enforced. Even if no revision is possible, the rest of the TOU will remain in place. This TOU constitutes the entire agreement between you and us regarding your use of the Services.
(g) Notices; Consent Regarding Electronic Information. This TOU is in electronic form. We have promised to send you certain information in connection with the Services and have the right to send you certain additional information, including legal notices and that which may be required by law, which we may send in electronic form. You are responsible for keeping your contact information up to date.
We may provide required information to you:
· at the e-mail address you specified when you signed up for the Services or any email address you specified via www.bingmapsportal.com (you are responsible for keeping your contact information up to date); or
· by posting on any portion of this TOU or to another Microsoft web site that will be designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive notices electronically, you must stop using the Services. Any notice from you will be sent electronically to<EMAIL_ADDRESS>(h) Claim Must Be Filed Within One Year. Any claim related to this TOU or the Services may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within the one-year period, then that claim is permanently barred. This applies to both parties.
(i) Choice of Law and Location for Resolving Disputes. If you are headquartered anywhere other than Europe, Washington State law governs the interpretation of this TOU and applies to claims for breach, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this TOU. If you are headquartered in Europe, the TOU will be construed and governed by the substantive laws of England and Wales. The parties waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. In any dispute relating to the TOU the prevailing party will be entitled to recover reasonable attorneys' fees and costs.
(j) No Third Party Beneficiaries. This TOU is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
(k) No Joint Venture/Independent Development. The parties are operating as independent contractors, and nothing in this TOU will be construed as creating a partnership, franchise, joint venture, employer-employee or agency relationship.
(l) Waiver. Any delay or failure of either party to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
(m) Logos; Marketing. Except as otherwise agreed to by the parties in writing, neither party will use any logo or trademark of the other party for marketing or any other purpose without the other party’s prior written approval.
(n) Print Rights. If print rights are available for the Services, such rights will be included here.
9. Mobile App Development. Subject to your compliance with Sections 1, 2, 8 and 9 of this TOU, you may develop and host Mobile App Company Applications that use the Services. You may use the Services solely in conjunction with and integrated into Mobile App Company Applications using only methods and means of access that are documented in the SDKs. Please note that we do not provide warranties for the Services for Mobile Apps Company Applications under this Section 9. This TOU limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
Your Mobile Apps Company Applications and the Content therein must be available to consumers and may be offered for a fee; or available internally for free instructional non-commercial use. You may not exceed 50,000 transactions of any type within any 24 hour period. You may not use the Services for or in connection with Mobile Apps Company Applications used by authenticated enterprise users (employees or agents of the enterprise) over a private network (for information on licensing for these types of applications, please contact maplic@microsoft.com).
You are responsible for obtaining users’ express permission (opt-in) to use users’ personally identifying information, including users’ location information, and providing a mechanism through which users can opt-out of the use of their personally identifiable and location information. Your use of the Content in the Services is subject to the Bing Maps App Branding Guidelines.
If you have a Bing Maps Agreement or Volume Licensing Agreement, you may use the Services for Mobile App Development free of charge pursuant to this Section 9 by following the instructions at the Bing Maps Portal.
10.Windows Store App Development. Subject to your compliance with Sections 1, 2, 8 and 10 of this TOU, you may develop and host Windows Store Apps Company Applications that use the Services. You may use the Services solely in conjunction with and integrated into Windows Store Apps Company Applications using only methods and means of access that are documented in the SDKs. Please note that we do not provide warranties for the Services for Windows Store Apps Company Applications under this Section 10. This TOU limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
Your Windows Store Apps Company Applications and the Content therein must be available to consumers and may be offered for a fee; or available internally for free instructional non-commercial use. You may not exceed 50,000 transactions of any type within any 24 hour period. You may not use the Services for or in connection with Windows Store Apps Company Applications used by authenticated enterprise users (employees or agents of the enterprise) over a private network. (for information on licensing for these types of applications, please contact maplic@microsoft.com).
You are responsible for obtaining users’ express permission (opt-in) to use users’ personally identifying information, including users’ location information, and providing a mechanism through which users can opt-out of the use of their personally identifiable and location information.
If you have a Bing Maps Agreement or Volume Licensing Agreement, you may use the Services for Windows Store App Development free of charge pursuant to this Section 10 by following the instructions at the Bing Maps Portal.
11. Media, Entertainment and Broadcast Use. To use Bing Maps for Media, Entertainment and Broadcast Use, please refer to the Bing Maps Media, Entertainment and Broadcast Use Terms of Use.


Bodhidharma was a crown prince that lived in Southern India around the 5th century. Just like Shakyamuni Buddha, he gave up his royal life and the promise of becoming king to dedicate himself to spiritual cultivation in the Buddhist tradition. When the life of his mentor was coming to an end, his last request to Bodhidharma was for him to travel to China to spread the genuine teachings of the Buddha. In short, Bodhidharma followed the request, traveled to China and eventually arrived at the Southern Shaolin temple. Seeing that the monks were weak and had low energy from meditating for long hours, he taught them what is now known as chi kung to improve their health and boost their energy, enabling them to meditate more effectively.
While the historical facts regarding the existence of Bodhidharma and what he taught the Shaolin monks is debated by historians, in Shaolin Wahnam we employ the Zen approach of not debating historical details, but instead focus on practicing the arts that are part of Bodhidharma’s legacy. The arts still practiced today that are generally considered what Bodhidharma taught are “Eight Pieces of Brocade,” “Sinew Metamorphosis,” “Bone Marrow Cleansing,” and Zen.
What’s remarkable about the legacy of Bodhidharma is that he’s left us a complete system for self-development, starting with recovering from poor health and going all the way to the highest level of spiritual cultivation. Most people are not ready to aim straight for enlightenment, so a gradual progression from “low level” cultivation to “high level” cultivation is an ideal approach. How the four different arts of his legacy play their part in this process is described on their respective pages.
In Shaolin Wahnam, these arts are still very much alive and practiced with great efficacy. As we owe so much to Bodhidharma and the legacy he left behind, this site is intended to be a dedication to him and a source of information for those that are interested in these truly special practices. In-depth biographical information about Bodhidharma is widely available, so this site is focused on the arts themselves, based primarily on the experience of the author and other students and teachers in Shaolin Wahnam.
Apart from being grateful for what Bodhidharma passed on to us, we can see him as an exemplary model of persistence, dedication and the grit necessary to succeed in whatever endeavor one may choose. We sincerely thank Bodhidharma, Sifu Wong Kiew Kit, founder of the Shaolin Wahnam Institute, and all the masters before him that have transmitted these arts for our benefit, and the benefit of future generations.
An excellent question and answer series about the legacy of Bodhidharma can be found on Sifu Wong's website by clicking here


| Name | Topic | Used in | Type |
|---|---|---|---|
| name | States | state | attribute |
You can define a small text to name a state.
For example:
States are not case-sensitive.
For example:
- "stole from beggar"
- "destroyed evil wizard"
- "has Rubin Sword"
- "crashed door to Glass Palace"
States are not case-sensitive.
Sample:
<text>You put the Rubin Sword into your pocket.</text>
<state name="has Rubin Sword" />
<choice station="exitRoom">You exit the room</choice>


This is just a sample page with content from JasonGaylord.com. As I push changes, it should automatically deploy to Hostman.


#include <actor3d.h>
Inheritance diagram for Actor3D:
Public Member Functions | |
| void | Draw () |
| Sends all Actor3D nodes to draw queue. | |
| void | UpdateTransform () |
| Updates Actor3D and all nodes result transform matrix. | |
| Matrix4fx | GetResultTransform () |
| Returns Actor3D result transform matrix. | |
| Int | GetClassID () |
| Returns Actor3D class id. | |
| void | Create (ObjRef< Actor3DAnimation > a3danim) |
| Builds all nodes from specified Actor3DAnimation object. | |
| Bool | Attach (ObjRef< Actor3DAnimation > a3danim, const Char *node_name) |
| Attaches specified node from Actor3DAnimation to the common model. | |
| Bool | Attach (ObjRef< Actor3DAnimationNode > a3danim_node_) |
| Attaches specified Actor3DAnimationNode node. | |
| Bool | Detach (const Char *node_name) |
| Detaches specified node from model. | |
| void | Set (ObjRef< Actor3DAnimation > a3danim_, Int time_, Int loop_play_=0) |
| Sets specified Actor3DAnimation object to play and animation show time. | |
| void | Play (Int time_step=160) |
| Continues play animation with specified time step. | |
| Int | GetTimeLength () |
| Returns current animation full time length. | |
| Int | GetTime () |
| Returns current animation time. | |
| ObjRef< Actor3DAnimation > | GetActor3DAnimation () |
| Returns current animation set. | |
| void | SetResultTransform (const Matrix4fx &rm) |
| Sets Actor3D result transform matrix. | |
| Int | GetPlayDirection () |
| Returns the play directions state. | |
Static Public Member Functions | |
| static ObjRef< Actor3D > | New () |
| Creates new Actor3D. | |
| static ObjRef< Actor3D > | New (Render3D *render_) |
| Creates new Actor3D. | |
Public Attributes | |
| Matrix4fx | transform |
| Transformation matrix of all model. | |
| vector< ObjRef< Basic3D > > | nodes |
| List of model's nodes. | |
Protected Member Functions | |
| Actor3D () | |
| Default constructor. | |
| Actor3D (Render3D *render_) | |
| Constructor with given render pointer value. | |
| ~Actor3D () | |
| Destructor. | |
Protected Attributes | |
| Int | time |
| Current animation time. | |
| Matrix4fx | result_transform |
| Result transformation matrix. | |
| Fixed | li |
| Animation increment factor. | |
| ObjRef< Actor3DAnimation > | a3danim |
| Pointer to animation. | |
| Int | loop_play |
| If animation loop play. | |
| Int | play_direction |
| Play direction. |
This class provides control control over 3d character animation playback. Actor3D need to have minimum one node or more for representing 3d actor character. See Actor3DNode class.
|
|
Constructor with given render pointer value.
|
|
|
Attaches specified Actor3DAnimationNode node.
|
|
|
Attaches specified node from Actor3DAnimation to the common model.
|
|
|
Builds all nodes from specified Actor3DAnimation object. Need to call once time at beginning of creation of Actor3D object. Any new calls of Create() will clear nodes list and build it again. One Actor3D object should use to play and show only one specified 3d object animation like character.
|
|
|
Detaches specified node from model.
|
|
|
Returns current animation set.
|
|
|
Returns Actor3D class id.
Reimplemented from Basic3D. |
|
|
Returns the play directions state.
|
|
|
Returns Actor3D result transform matrix.
Reimplemented from Basic3D. |
|
|
Returns current animation time.
|
|
|
Returns current animation full time length.
|
|
|
Creates new Actor3D. Call this function instead constructor calling.
Reimplemented from Basic3D. |
|
|
Creates new Actor3D. Call this function instead constructor calling.
Reimplemented from Basic3D. |
|
|
Continues play animation with specified time step. Call this function per one AI run.
|
|
|
Sets specified Actor3DAnimation object to play and animation show time. Should use only with Actor3DAnimation objects relative to one character that have been specified and used in Create(). In other words You can set one Actor3D object to play and show only one type character for any animations like go, jump, die etc. Don't use one Actor3D object to play different characters as all Actor3DAnimation object should have identical nodes for specified character.
|
|
|
Updates Actor3D and all nodes result transform matrix. Need to call after Actor3D matrix transform update. Reimplemented from Basic3D. |
|
|
Play direction. This variable updates by calling Play() function. If parameter (time_step) of this function > 0, than play_direction is "forward" (value = 1). If parameter (time_step) of this function == 0, than play_direction is "stop" (value = 0). If parameter (time_step) of this function < 0, than play_direction is "backward" (value = -1). |


In today's busy lifestyle, people don't get proper time for recreation,
nor do
they connect with their friends and loved ones. Such conditions of isolation and mental pressure,
give
rise to various psychological conditions including stress and anxiety. Psychological ailments are
often
not given much attention compared to others, and they end with the quick act of 'suicide'.
275 Million +
The number of people suffering from anxiety disorders worldwide
7.1%
The percentage of adult population of America, who had at least one
major
depressive episode
80000 +
The number of suicides happening every year around the globe


Why the Queen is wearing multiple poppies for Remembrance Service
Meghan Markle, Kate Middleton, Princes William and Harry and other members of the Royal Family have joined the Queen for the Remembrance Sunday service today
by Zoe Forsey, https://www.facebook.com/zoeforseymirror/The Royal Family have joined together today to honour the brave men and women who have given their lives to defend our country.
The Queen, Prince Charles, Camilla, Duke and Duchess of Cambridge, Meghan Markle and Prince Harry are just some of the group who are attending the Remembrance Sunday service at The Cenotaph this morning.
They will join war veterans, politicians and other high profile figures to pay their respects to the Armed Forces.
The royal women are all dressed in black and are proudly displaying their poppies - but many fans have been left wondering why the Queen is wearing more than one.
The Queen was seen wearing five poppies above a diamond brooch as she was joined by Kate Middleton, Duchess of Cambridge, and Camilla, Duchess of Cornwall.
There are many theories as to why she wears so many, the most commonly accepted being that each is to represent a different branch of the services
She has one for the Navy, Army, Air Force, Civil Defence and the final poppy is to represent women.
Kate normally wears three traditional poppies as well as a poppy brooch but this year she has decided to wear just a brooch. Meghan Markle, Duchess of Sussex, was also seen wearing a brooch.
The Royal Family play a key role in the Remembrance events, and have attended a number of services and engagements this week.
Royal British Legion head of remembrance Catherine Davies told the Mirror's royal podcast Pod Save the Queen just how vital their role is.
She said: "They are incredibly important. As a charity we are honoured to have the Queen as our patron.
"One of our charitable remits is that we are the national UK champion of remembrance. We work to ensure that the service and sacrifice of our Armed Forces is remembered and acknowledged over the Remembrance Weekend.
"This is led by the Queen and the Royal Family who are obviously head of the Armed Forces, and who themselves have all been and worked either actively in the Armed Force or hold titles in the Armed Forces.
"They have a great understanding, love and appreciation of our the service and sacrifice Armed Forces that is reciprocated.
"They send an incredibly important message of why and how to remember and this is something as a state and we need to do together, which is I think is quite uniquely very British.
"I think that's something that is really important to do, just taking the time to acknowledge the things other people are doing on our behalf."


epub:type
and ARIA
epub:type
is used to add semantics to an element. For example, you can refer to a footnote [1].
The following uses aria-describedby
and role
to associate a tooltip with an element.
This section is marked as having the DPUB ARIA role of abstract
This section is marked as having two DPUB ARIA roles: chapter
and introduction
.


How to Prepare an Email Account for Cold Email Sending
Deliverability is critical when sending cold emails.
Estimates are that over 20% of emails never reach the inbox.
We frequently see new email accounts used for cold email campaigns terminated mid-campaign. With Google’s spam change in January 2019, it’s getting harder to get into the inbox. You must first warm up your new email account to avoid this before sending out a cold email.
This article will explain how to warm up an email account before sending cold emails to avoid the SPAM folder.
The warmup procedure involves sending emails from a new email account, starting small and increasing daily. When a user opens a new email account, the provider limits daily email sending. New accounts will be unable to use it fully. For example, Google Workspace subscribers get 2000 emails per day. But you are restricted until you have established a good reputation.
Optimal deliverability should take 8-12 weeks.
Preparation time depends on email volume and participation during the warming process.
A cold email must first reach the recipient’s inbox. Positive engagement will help you build a relationship. Before sending a cold email, warming up the account helps avoid the spam filter, get into the inbox, and get opened more often.
Preparing an Email Account for a Cold Email!
Customize Emails Sending emails to friends and colleagues to start conversations is the first step. Send ten to twenty emails from your new email account to begin. Assuring constant engagement with the initial emails will help increase email volume. Over time, growing confidence in your authenticity prepares your email account for email campaigns. When using the manual method, personalize the subject line to improve response.
During this manual process, send emails to Gmail, Yahoo, Outlook, iCloud, Godaddy, Zoho, Aol, Exchange, and Yandex. Sending to all major email providers will help you get past spam filters.
Maintain email Threads in your warmup emails to increase deliverability. So start by sending emails from your old accounts and responding from your new ones. Regular interactions are critical here, as this is an 8-12 week process.
Join Newsletters from publications in your industry. Subscribe to a minimum of 10-15 newsletters. Return to your mailbox to confirm each newsletter subscription. It will verify your account and expand your email inbox. Receiving emails is as important as sending emails to warm up a new email account.
Keep a time difference between two emails Each email service provider has its algorithm for confirming delivery. So show those algorithms you’re not a robot by not sending too many emails at once. Sending many emails in a short period can harm your domain’s reputation. To avoid this, keep a significant time difference between two emails while warming up your new account.
Sending too many emails in a single session triggers spam filters, and email providers will block account temporarily or permanently.
Begin small and simple. Begin with a small list of 20-30 reliable receivers, augmented by friends and colleagues.
Personalize email to persuade your recipients to open and respond. Create a unique subject line to maximize open rates. Personalization is key to provoking responses.
Avoid spam words like FREE, GRAB, and 50% in your emails. These will trigger SPAM filters.
Keep the information simple and plain, with few links and media files (photos, movies, GIFs) for best delivery.
Always include an unsubscribe link. One spam report against a newly created account can damage your reputation. Having an unsubscribe link in your emails gives your recipients a choice not to receive further emails.
The system exists to filter spam. Following best practices shows algorithms that you are not a spammer. And perhaps most importantly, remember that improving your reputation as a sender is easier than improving a spammer’s reputation.
Write as a genuine human being would.
Lastly, don’t forget to verify your accounts with these three critical components technically:
SPF creates a record in your DNS (Domain Name System) that identifies all servers allowed to send emails on behalf of a domain. Because SPF Authentication is on the sender’s side, the recipient Email Service Provider gives the sender’s domain a clean bill of health.
DKIM prevents email spoofing with a digital signature and ensures that your message reaches the intended recipient.
DMARC records use SPF and DKIM records to reassure the recipient’s email service provider (ESP) that the email is not the result of a misleading activity.
Leadspod now provides a service that takes care of all this for you. Sounds interesting. Please check out our warmup service.
More Templates
-
Cold Email Templates
Some great showcases
More Articles
-
No Response! How to Follow Up.
All set up for cold emailing?
-
Ideal client profile
Tailored and Targeted.
-
How to create icebreakers.
Use icebreakers to attract your prospects.
-
Follow-up! The reminder sequence.
How to dramatically increase your cold email response rates.

-
Effecient Email Communications
Good email communication helps your business.
-
Cold email mistakes most of us make
Avoid these ten common cold emailing mistakes.
-
Cold emails aren't just for sales or business
The story of Maddie Bregman.
-
Five parts for a great email.
Email is the foundation of our daily communication.
-
10 Tips To Improve Your Cold Emails
This article was just updated.
-
Make your offer a no-brainer
How to make your offer so strong that it becomes irresistible?
-
How to find the right people to cold email
If they don’t respond within two weeks, move down one level.
-
Cold Email OR Marketing Email
How to tell marketing emails from cold emails?
-
Cold email deliverability analysis (no tech)
Why do cold emails fail?
-
A step by step how we use cold emails
Use cold emails to get clients and grow our business.
-
Transforming strangers into customers.
Write a cold email that creates curiosity.
-
How to Prepare an Email Account for Cold Email Sending
Deliverability is critical when sending cold emails.


Welcome to the API Sandbox powered by the Open Bank Project!
This API, powered by the Open Bank Project, provides standard RESTful interfaces for developers to create customer facing and backend applications.
This API, powered by the Open Bank Project, provides standard RESTful interfaces for developers to create customer facing and backend applications.
First, create a free developer account on this sandbox and request a developer key. You will be asked to submit basic information about your app at this stage. Register here.
Use our SDKs to connect your app to the Open Bank Project APIs. You will need your developer key, which was provided to you when you created an account. See all available APIs on the API Explorer. Please make sure you are using the correct base URL.
Once your app is connected, you can test it using test customer credentials. You can find a list of sandbox customer logins HERE.
Access the user's list of accounts and account information. Provide fine-grained account and transaaction access to guests (auditor, accountant or public). Explore...
Access open data related to banks including branches and ATMs including geolocation and opening hours. Explore...
Access the transaction history and transaction metadata. Explore...
Enrich transactions and counterparties with metadata including geolocations, comments, pictures and tags (e.g. category of spending). Explore...
Access the payers & payees of an account including metadata such as their aliases, labels, logos and home pages. Explore...
List and create Cards. Explore...
Perform user, customer and account creation. Manage Know Your Customer (KYC) documents, media and status. Create customer meetings and messages. Explore...
Control access to endpoints, get API metrics and documentation. Explore...
Initiate Transaction Requests (transfers and payments). View and confirm charges (as per PSD2). Answer strong customer authentication (SCA) challenges. Explore...
Perform advanced searches and statistics queries on the data warehouse. Explore...
Please make sure you are using the correct sandbox domain when using the SDKs. In doubt, drop us a line.


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MULHOLLAND DRIVE A film review by Steve Rhodes Copyright 2001 Steve Rhodes RATING (0 TO ****): ** 1/2
David Lynch's MULHOLLAND DRIVE is a cross between a slow-motion episode of "The X Files" and a super long version of "Twin Peaks." A baffling but always intriguing failure, the movie gets more confusing, not less, as the story unfolds. Lynch won the director's prize at this year's Cannes Film Festival for the film. It would have been more appropriate if he had a gotten a dual award -- a first for directing and a booby prize for writing. Lynch can make the simple act of walking down a small staircase ominous, but his script is full of bewildering and unrealistic characters for whom we care nothing.
Betty Elms (Naomi Watts) is a "golly-gee" kind of would-be starlet who has just arrived in Los Angeles in order to make her fortune in the movies. Upon arrival, this innocent blonde goes to her new apartment, where she finds a mysterious, dark-haired beauty who may or may not be named Rita (Laura Harring). Rita, who was recently in a car accident, isn't sure of much about herself, including her own name.
A typically bizarre event at the apartment has a mysterious woman dressed in a heavy black robe knocking on Betty's door. Looking like someone from a gothic novel, this stranger in the shadows warns Betty, "Someone is in trouble. Something bad is happening." When she closes the door, Betty's only response is, "Wow!" Yours will probably be an equally simplistic, "Huh?" You'll be thinking that a lot during this movie, which needs a pictorial scorecard to keep track of all of the quirky characters who make brief appearances.
Meanwhile, across town director Adam Kesher (Justin Theroux) is casting his new movie. A couple of strange Mafia types insist that, for the leading role, Adam must choose their actress, Cammie Rhodes (Melissa George) -- no relation. One of these perplexing bad guys asks for an espresso and a napkin, which he uses to slowly spit out the drink when it is not up to his demanding standards.
Almost every scene is full of foreboding, although the source of the danger is never quite clear. Frequently Lynch appears to have his camera dolly floating on a gently undulating sea in order to enhance the audience's queasiness.
Before the ending credits roll, there is a murder, some mistaken identities, a puzzling small box, a couple of Lesbian love scenes and one confusing incident after another. "I'm going to trust you to sort this thing out," Coco (Ann Miller) tells Betty at one point. Good luck.
MULHOLLAND DRIVE runs way too long at 2:26. It is rated R for "violence, language and some strong sexuality" and would be acceptable for older teenagers.
The film opens nationwide in the United States on Friday, October 12, 2001. In the Silicon Valley, it will be showing at the Camera Cinemas.
Web: http://www.InternetReviews.com Email<EMAIL_ADDRESS>Want free reviews and weekly movie and video recommendations via Email? Just send me a letter with the word "subscribe" in the subject line.
========== X-RAMR-ID: 29544 X-Language: en X-RT-ReviewID: 250899 X-RT-TitleID: 1110157 X-RT-SourceID: 703 X-RT-AuthorID: 1271 X-RT-RatingText: 2.5/4
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Typography .. and content elements
Leading Heading & Paragraph
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi ac dictum mauris. Vivamus blandit, odio et suscipit dictum, nisl velit rhoncus est, at elementum urna sapien ac nisi. Nulla sit amet odio vestibulum quam commodo egestas.
Primary Icon & No background
Lorem Ipsum is simply dummy text of the printing
and typesetting industry. Lorem Ipsum has
been the industry's standard dummy text
ever since the 1500s
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No Background
Lorem Ipsum is simply dummy text of the printing
and typesetting industry. Lorem Ipsum has
been the industry's standard dummy text
ever since the 1500s
learn more
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Lists
With BUSINESS, you have all different kinds of lists at hand. Ordered lists, Unordered lists, Unstyled lists, Lists with Icons.