If you don't own an image or illustration, you need permission to use it. If that is your image, and you are talking about a site based on xbox failure rate, I don't think you'll have an issue with the image, and while microsoft could certainly try to say you are infringing upon their mark (since I'm guessing that is what the site would be about) I would think you are probably have a low risk (which doesn't mean zero). I would certainly make it clear that you are not an official site or endorsed by Microsoft. A lot is going to depend on the site's actual content and what you are trying to accomplish.