summaryrefslogtreecommitdiff
path: root/licenses/Skype-TOS
diff options
context:
space:
mode:
authorV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
committerV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
commit4f2d7949f03e1c198bc888f2d05f421d35c57e21 (patch)
treeba5f07bf3f9d22d82e54a462313f5d244036c768 /licenses/Skype-TOS
reinit the tree, so we can have metadata
Diffstat (limited to 'licenses/Skype-TOS')
-rw-r--r--licenses/Skype-TOS1455
1 files changed, 1455 insertions, 0 deletions
diff --git a/licenses/Skype-TOS b/licenses/Skype-TOS
new file mode 100644
index 000000000000..619c859e5fe3
--- /dev/null
+++ b/licenses/Skype-TOS
@@ -0,0 +1,1455 @@
+Retrieved from https://www.skype.com/en/legal/ios/tos/ (2016-09-09)
+
+Table of contents:
+
+ 1. Your agreement with Skype
+ 2. Acceptance of the Terms
+ 3. Changes to the Terms
+ 4. Licence
+ 5. Use of the software and products and Skype websites
+ 6. Your obligations
+ 7. Proprietary rights
+ 8. Charges
+ 9. Payment
+ 10. Refund Policy
+ 11. Ending Your relationship with Skype
+ 12. Exclusion of warranties, limitation of liability and indemnity
+ 13. Third party websites products and services
+ 14. Additional Terms
+ 15. Your confidential information and your privacy
+ 16. For Government users only
+ 17. How to contact Skype
+ 18. Miscellaneous
+ 19. Product specific terms
+ 20. Pay by mobile
+
+PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S)
+OR SKYPE WEBSITES
+
+Key Points
+
+ It is important that you read the entirety of and understand this
+ document. There are, however, a few key points that we need to
+ emphasise:
+
+ NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for
+ your ordinary mobile or fixed line telephone. In particular, apart from
+ in the very limited circumstances set out in paragraph 5.6 of these
+ Terms (applicable to Skype’s Internet Communications Software only),
+ the Software does not allow you to make emergency calls to emergency
+ services. You must make alternative communications arrangements to
+ ensure that you can make emergency calls if needed.
+
+ CHECK RESTRICTIONS ON USE: In some countries there are restrictions on
+ the use of the Software. It is your responsibility to ensure that you
+ are legally allowed to use the Software where you are located.
+
+ NO OWNERSHIP OF NUMBERS: If Skype allocates to you a Skype Number
+ (previously known as “Online Number”) or Skype To Go Number, you do not
+ own the number or have a right to retain that number forever. Skype may
+ need to change or withdraw the number allocated to you from time to
+ time. You will not transfer or attempt to transfer your Skype Number or
+ Skype To Go Number to anyone else. You must ensure you comply with any
+ allocation requirements displayed when purchasing a Skype Number as
+ failure to do so could result in the number being withdrawn. Please see
+ also paragraph 19.1.
+
+ SKYPE CREDIT BECOMES INACTIVE AFTER 180 DAYS: If you purchase Skype
+ Credit please be aware that it becomes inactive after 180 days of
+ inactivity. Please see also paragraph 9.2.
+
+ ARBITRATION CLAUSE AND CLASS ACTION WAIVER: If you live in the USA and
+ select Pay by Mobile (see paragraph 20), a binding arbitration clause
+ and class action waiver affects your rights to resolve a dispute with
+ Skype, its corporate affiliates, or other third parties including
+ mobile phone carriers. Please read paragraph 20.3 carefully.
+
+1. YOUR AGREEMENT WITH SKYPE
+
+ 1.1 Skype’s internet communication software applications (“Internet
+ Communications Software”), other “Skype” branded software applications
+ (together the “Skype Software”), the “Qik” branded software
+ applications (“Qik Software”) and associated documentation (whether in
+ printed or electronic form) including any improvements, modifications,
+ enhancements, fixes, updates, upgrades and future versions thereto
+ (“Updates”) and whether made available for free or for a fee,
+ (collectively the “Software”) are licensed (not sold) to you by Skype
+ Software Sàrl.
+
+ 1.2 The features and products that are made available through the
+ Software for free (excluding products or features available for free on
+ a trial basis only) (“Free Products”) are provided to you by Skype
+ Software Sàrl.
+
+ 1.3 Any additional products or features of the Skype Software or Qik
+ Software, or other “Skype” or “Qik” branded products, that you pay for
+ (including products or features available for free on a trial basis
+ only) (“Paid For Products”) are provided to you by Skype Communications
+ Sàrl.
+
+ 1.4 “Skype Websites” means www.skype.com, www.qik.com (both of which
+ are operated by Skype Communications Sàrl) and any other websites
+ authorised by Skype which link to these Terms.
+
+ 1.5 “Skype’’ means Skype Software Sàrl, 23 – 29 Rives de Clausen,
+ L-2165 Luxembourg or Skype Communications Sàrl, 23 – 29 Rives de
+ Clausen, L-2165 Luxembourg as the context requires;
+ “Products” means collectively the Free Products and Paid For Products;
+ “you” or “your” means you, the registered holder of the User Account
+ (as described in paragraph 6.1) and licensee under these Terms.
+
+ 1.6 Your agreement with Skype is made up of the terms and conditions
+ set out in this document, together with any fair usage policies
+ described in this document and Additional Terms referred to in
+ paragraph 14 (collectively the “Terms”). To the extent of any
+ inconsistency between the fair usage policies or any Additional Terms
+ and this document, this document shall take precedence.
+
+2. ACCEPTANCE OF THE TERMS
+
+ 2.1 In order to download and/or use the Software, Products and/or Skype
+ Websites you must first accept these Terms. These Terms are accepted by
+ you (a) when you click to accept or agree to the Terms; or (b) when you
+ download and/or use the Software, Products and/or Skype Websites. We
+ advise you to print a copy of these Terms for your records. These Terms
+ remain effective from the date of acceptance until terminated by you or
+ Skype in accordance with paragraph 11.
+
+ 2.2 You cannot accept these Terms if: (a) you are not lawfully entitled
+ to use the Software, Products and/or Skype Websites in the country in
+ which you are located or reside or (b) if you are not of legal age to
+ form a binding agreement with Skype.
+
+ 2.3 In some countries the Products may be provided to you by Skype’s
+ local partner. If so, that local partner may ask you to accept its own
+ terms of service (“local terms”). If there is any inconsistency between
+ those local terms and these Terms, then the local terms shall govern to
+ the extent of that inconsistency.
+
+
+3. CHANGES TO THE TERMS
+
+ 3.1 Skype may make changes to these Terms from time to time. Skype will
+ publish the changes at www.skype.com/go/tou. Changes to the fair usage
+ policies and/or Additional Terms will be posted on the applicable Skype
+ Website. The changes will be effective when published. Please review
+ the Terms on a regular basis. You understand and agree that your
+ express acceptance of the Terms or your use of the Software, Products
+ and/or Skype Websites after the date of publication shall constitute
+ your agreement to the updated Terms. If you do not agree with the
+ amended Terms, you may terminate your relationship with Skype in
+ accordance with paragraph 11 below.
+
+4. LICENCE
+
+ 4.1 Licence. Subject to your compliance with these Terms, you are
+ granted a limited, non-exclusive, non-sublicensable, non-assignable,
+ free of charge license to download and install the Software on a
+ personal computer, mobile phone or other device; and personally use the
+ Software through your individual Skype or Qik user account (as
+ applicable) (“User Account”). For the avoidance of doubt, (a) IT
+ administrators working on behalf of a company may download and install
+ the Skype Software onto personal computers or other devices used by
+ personnel of such company; and (b) you are permitted to use the
+ Software at a university or other educational institution, or at work.
+ Skype reserves all rights not expressly granted to you under these
+ Terms.
+
+ 4.2 Restrictions. You may not and you agree not to:
+
+ (a) sub-license, sell, assign, rent, lease, export, import, distribute
+ or transfer or otherwise grant rights to any third party in the
+ Software;
+
+ (b) undertake, cause, permit or authorise the modification, creation of
+ derivative works or improvements, translation, reverse engineering,
+ decompiling, disassembling, decryption, emulation, hacking, discovery
+ or attempted discovery of the source code or protocols of the Software
+ or any part or features thereof (except to the extent permitted by
+ law);
+
+ (c) remove, obscure or alter any copyright notices or other proprietary
+ notices included in the Software;
+
+ (d) use the Software or cause the Software (or any part of it) to be
+ used within or to provide commercial products or services to third
+ parties. The foregoing shall not preclude you using the Software for
+ your own business communications, subject to paragraph 4.1 above;
+
+ (e) other than for the purposes of download and installation, use the
+ Software except through your User Account.
+
+ 4.3 Third-Party Technology. If you are using Software pre-loaded on,
+ embedded in, combined, distributed or used with or downloaded onto
+ third party products, hardware, software applications, programs or
+ devices (“Third-Party Technology”), you agree and acknowledge that: (a)
+ you may be required to enter into a separate licence agreement with the
+ relevant third party owner or licensor for the use of such Third-Party
+ Technology; (b) some Products and/or functionality may not be
+ accessible through the Third-Party Technology and (c) Skype cannot
+ guarantee that the Software shall always be available on or in
+ connection with such Third-Party Technology.
+
+ 4.4 Third Party Notices. The Software may include third party code that
+ Skype, not the third party, licenses to you under this agreement.
+ Notices, if any, for the third party code are included for your
+ information only. Third party scripts, linked to, called or referenced
+ from the Software, are licensed to you by the third parties that own
+ such code, not by Skype.
+
+5. USE OF THE SOFTWARE AND PRODUCTS AND SKYPE WEBSITES
+
+ 5.1 Equipment: In order to use the Software and the Products you will
+ need an Internet broadband connection. You are responsible for
+ providing all equipment required to access the Internet or enable
+ communications such as headsets, microphones and webcams.
+
+ 5.2 Use of Your Equipment: The Internet Communications Software may use
+ the processing capabilities, memory and bandwidth of the computer (or
+ other applicable device) you are using, for the limited purpose of
+ facilitating the communication and establishing the connection between
+ Internet Communications Software users. If your use of the Internet
+ Communications Software is dependent upon the use of a processor and
+ bandwidth owned or controlled by a third party, you acknowledge and
+ agree that your licence to use the Internet Communications Software is
+ subject to you obtaining consent from the relevant third party for such
+ use. You represent and warrant that by accepting these Terms, you have
+ obtained such consent.
+
+ 5.3 Updates to the Software: Skype may automatically check your version
+ of the Skype Software. You may be required to enter into an updated
+ version of these Terms to be able to download or otherwise take
+ advantage of any Updates. Skype has no obligation to make available any
+ Updates. However, Skype may (a) require you to download and install
+ Updates; or (b) download and install Updates from Skype automatically
+ from time to time unless you have chosen (through your Skype client
+ settings) not to receive automatic Updates. Microsoft Corporation or
+ its affiliates and subsidiaries may also automatically download updates
+ to the Skype Software for Windows, if you have chosen to receive
+ Microsoft Updates. These updates are required to maintain software
+ compatibility, provide security updates or bug fixes, or offer new
+ features, functionality or versions. You agree to receive such updates
+ from Skype in order to continue using the Skype Software and you agree
+ to accept such Updates subject to these Terms.
+
+ 5.4 Suspension, technical improvement and maintenance: From time to
+ time, Skype may need to perform maintenance on or upgrade the Software,
+ Products or Skype Websites or the underlying infrastructure that
+ enables you to use the Software, Products or Skype Websites. This may
+ require Skype to temporarily suspend or limit your use of some or all
+ of the Software, Products or Skype Websites until such time as this
+ maintenance and/or upgrade can be completed. To the extent possible and
+ unless an intervention is urgently required, Skype will publish the
+ time and date of such suspension or limitation on the Skype Website in
+ advance. You will not be entitled to claim damages for such suspension
+ or limitation of the use of any Software, Product or Skype Website.
+
+ 5.5 No Access to Emergency Services: Neither the Products nor the
+ Software are intended to support or carry emergency calls to any type
+ of hospitals, law enforcement agencies, medical care unit or any other
+ kind of services that connect a user to emergency services personnel or
+ public safety answering points (“Emergency Services”). There are
+ important differences between traditional telephone services and the
+ Products. You acknowledge and agree that: (i) Skype is not required to
+ offer access to Emergency Services under any applicable local and/or
+ national rules, regulations or law; (ii) it is your responsibility to
+ purchase, separately from the Products, traditional wireless (mobile)
+ or fixed line telephone services that offer access to Emergency
+ Services, and (iii) the Software and the Products are not a replacement
+ for your primary telephone service. Find out more about calling 112,
+ the dedicated emergency number for the EU at
+ www.skype.com/go/emergency.
+
+ 5.6 Limited Emergency Calling (Internet Communications Software Only
+ and Not Applicable to the Qik Software)
+
+ 5.6.1 In a very limited number of countries, and for defined Internet
+ Communications Software versions and platforms only, Skype will try to
+ provide limited emergency calling as a stand-alone feature but can
+ provide no commitment in this respect. Click here for the listing of
+ countries (“Enabled Countries”) and software versions and other
+ platforms (“Enabled Versions”) that enable limited Skype emergency
+ calling. Skype emergency calling is not available for any other
+ countries, versions or platforms. You should keep traditional wireless
+ (mobile) or fixed line telephone services available for your calls to
+ Emergency Services and use Skype’s limited emergency calling only as an
+ absolute last resort. In particular, please also note that:
+
+ (i) power cut, battery failure or internet connection failure can lead
+ to a Skype call failure, including your call to Emergency Services.
+ Additionally, any of the quality limitations set out in paragraph 5.9
+ below, may otherwise affect successful call connection.
+
+ (ii) where available, an emergency call made using the Internet
+ Communications Software in an enabled country may not receive the same
+ network priority as a call made using traditional wireless (mobile) or
+ fixed line telephone services.
+
+ (iii) if your emergency call is connected, you will need to tell the
+ Emergency Services operator that you speak to where you are physically
+ located so that the correct emergency organisation can respond to your
+ emergency and knows where to find you. If you do not provide this
+ information when prompted, you acknowledge that your emergency call may
+ not be completed and you will not be able to gain access to your
+ required Emergency Services using the Internet Communications Software.
+ Skype will have no liability for your failed emergency call in such
+ circumstances.
+
+ (iv) other than for the Enabled Countries and Enabled Versions, Skype
+ does not provide limited emergency calling in any country or for or in
+ conjunction with any Products or using any platforms, devices, services
+ or operating systems (including any products, platforms, devices,
+ services or operating systems developed by third parties using Skype’s
+ APIs, any of Skype’s software development kits or otherwise).
+
+ 5.6.2 In Enabled Countries, you should configure the limited emergency
+ calling functionality by setting your default location for emergency
+ calling in the Call Settings page of your desktop Internet
+ Communications Software (if you are using a 4.1 version for Windows (or
+ later) or version 2.8 for Mac OS X (or later)). It is your
+ responsibility to ensure that this location information is correct and
+ kept up-to-date if your physical address changes. Skype does not
+ support emergency calls in the majority of countries around the world.
+ Where limited emergency calling is supported Skype will not charge you
+ to make an emergency call and you do not need to have a Skype Credit
+ balance. If however your country is not supported for limited emergency
+ calling then you should not attempt to, and agree not to, make any
+ emergency calls using your Internet Communications Software. If, with
+ your permission, another user uses your User Account, it is your
+ responsibility to inform that user of the limited circumstances in
+ which limited emergency calling is available.
+
+ 5.7 Content of Communications: Skype is not the source of, does not
+ verify or endorse and takes no responsibility for the content of
+ communications made using the Software. By using the Software, you
+ agree that any content that you submit may be transmitted to the
+ recipient of your communication. The content of communications is
+ entirely the responsibility of the person from whom such content
+ originated. You therefore may be exposed to content that is offensive,
+ unlawful, harmful to minors, obscene, indecent or otherwise
+ objectionable. The content of communications may be protected by
+ intellectual property rights, which are owned by third parties. You are
+ responsible for the content you choose to communicate and access using
+ the Software. In particular, you are responsible for ensuring that you
+ do not submit material that is (i) copyrighted, protected by trade
+ secret or otherwise subject to third party proprietary rights,
+ including privacy and publicity rights, unless you are the owner of
+ such rights or have permission from their rightful owner (ii) a
+ falsehood or misrepresentation (iii) offensive, unlawful, harmful to
+ minors, obscene, defamatory, libellous, threatening, pornographic,
+ harassing, hateful, racially or ethnically offensive, or that
+ encourages conduct that would be considered a criminal offense, gives
+ rise to civil liability, violates any law, or is otherwise
+ objectionable; (iv) an advertisement or solicitation of business; or
+ (v) impersonating another person. Skype reserves the right (but shall
+ have no obligation) to review content for the purpose of enforcing
+ these Terms. Skype may in its sole discretion block, prevent delivery
+ of or otherwise remove the content of communications as part of its
+ effort to protect the Software, Products or its customers, or otherwise
+ enforce these Terms. Further, Skype may in its sole discretion remove
+ such content and/or terminate these Terms and your User Account if you
+ use any content that is in breach of these Terms.
+
+ 5.8 Notice and Take-Down If Skype receives any notification that any
+ material that you post, upload, edit, host, share and/or publish on the
+ Skype Website or through the Software (excluding your private
+ communications) (“User Submission”) is inappropriate, infringes any
+ rights of any third party, or if Skype wishes to remove your User
+ Submission for any reason whatsoever, Skype reserves the right to
+ automatically remove such User Submission for any reason immediately or
+ within such other timescales as may be decided from time to time by
+ Skype in its sole discretion. The User Submission shall be taken down
+ without any admission as to liability and without prejudice to any
+ rights, remedies or defenses, all of which are expressly reserved. You
+ acknowledge and agree that Skype is under no obligation to put back
+ such User Submission at any time. If User Submissions infringe, or if
+ you believe that User Submissions infringe any of your rights
+ (including intellectual property rights) or are unlawful, please
+ contact us immediately by following our notice and takedown procedure.
+ Click here to view the Notice and Takedown Procedure. Skype reserves
+ the right to ask for verification of your identity and to seek further
+ information to verify your complaint. You agree that you are solely
+ responsible for the consequences resulting from your complaint
+ (including but not limited to removal or blocking of the User
+ Submission) and you acknowledge and agree that any complaint may be
+ used in court proceedings. Any false, misleading or inaccurate
+ information provided by you may result in civil and criminal liability.
+
+ 5.9 Quality: Skype cannot guarantee that the Software, Products or
+ Skype Websites will always function without disruptions, delay or
+ errors. A number of factors may impact the quality of your
+ communications and use of the Software, Products (depending on the
+ Products used) or Skype Websites, and may result in the failure of your
+ communications including but not limited to: your local network,
+ firewall, your internet service provider, the public internet, the
+ public switched telephone network and your power supply. Skype takes no
+ responsibility for any disruption, interruption or delay caused by any
+ failure of or inadequacy in any of these items or any other items over
+ which we have no control.
+
+ 5.10 Changes to Products: Skype is constantly improving the Software
+ and Products and may also need to change technical features from time
+ to time in order to comply with applicable regulations. Accordingly,
+ you acknowledge and agree that the Products and functionality of the
+ Software may vary from time to time. Technical requirements for use of
+ Products and Software and feature descriptions are available on the
+ Skype Website. If you do not agree with any changes to Software and
+ Products you may terminate your relationship with Skype in accordance
+ with paragraph 11. You may need to upgrade to a new version in order to
+ enjoy the benefit of certain Products. In addition, you acknowledge and
+ agree that certain Products may be subject to usage limits or
+ geographical restrictions, which may vary from time to time. Please
+ check the Skype Website for details of the most up-to-date usage
+ restrictions that apply to the Products that you are using.
+
+ 5.11 Unsolicited Ideas Skype does not consider or accept unsolicited
+ proposals or ideas, including without limitation ideas for new
+ products, technologies, promotions, product names, product feedback and
+ product improvements (“Unsolicited Feedback”). If you send any
+ Unsolicited Feedback to Skype through the Skype Website or otherwise,
+ you acknowledge and agree that Skype shall not be under any obligation
+ of confidentiality with respect to the Unsolicited Feedback.
+
+ 5.12 Reports Certain parts of the Skype Websites or the Software may
+ ask for written suggestions or problem reports such as using our
+ contact form or problem report form (“Reports”). Please read carefully
+ any specific terms, which govern those Reports. The Reports shall be
+ deemed the property of Skype. Skype shall exclusively own all now known
+ or hereafter existing rights to the Reports throughout the universe in
+ perpetuity and shall be entitled to use the Reports for any purpose
+ whatsoever, commercial or otherwise, without compensation to the
+ provider of the Reports. Any Reports you send to Skype will not be
+ treated as confidential and Skype shall not be liable for any
+ disclosure of the Reports.
+
+ 5.13 Linking You may link to the Skype Website from another website
+ owned by you, provided you do so in a way that is fair and legal and
+ does not damage our reputation or take advantage of it. You must not
+ establish a link in such a way as to suggest any form of association,
+ approval or endorsement by Skype where none exists. You may not frame
+ the Site on any other site. Skype provides a Qik branded embeddable
+ flash player feature which you may incorporate into your own personal,
+ non-commercial website for use in accessing the materials on the Qik
+ branded Skype Website. Skype may revoke the permission to link to the
+ Skype Websites at any time at its sole discretion and will notify you
+ in this respect.
+
+6. YOUR OBLIGATIONS
+
+ 6.1 User Account. Prior to your first use of the Skype Software and
+ your first use of the Qik Software, you will be asked to create a User
+ Account and choose a user ID and password. We recommend that you choose
+ a password that is hard to guess and consists of letters, numbers and
+ symbols. You may only use the Software through your User Account. You
+ are solely responsible and liable for all activities conducted through
+ your User Account. To prevent unauthorised use, you shall keep your
+ password confidential and shall not share it with any third party or
+ use it to access third party websites or services. If you suspect that
+ someone else knows your password, then you shall immediately change it
+ in order to protect the security of your User Account. It is your
+ responsibility to ensure that you do not respond to any unsolicited
+ requests for credit card details, passwords or other data. Skype takes
+ no responsibility for your failure to comply with the obligations in
+ this paragraph 6.1.
+
+ 6.2 Lawful Use: You must use the Software, Products and Skype Websites
+ in accordance with the laws of where you are located. In some countries
+ there are restrictions on the download and use of the Software,
+ Products and/or Skype Websites. It is your responsibility to ensure
+ that you are legally allowed to use the Software, Products and/or Skype
+ Websites where you are located.
+
+ 6.3 Prohibited Use: You may not:
+
+ (a) intercept or monitor, damage or modify any communication which is
+ not intended for you;
+
+ (b) use any type of spider, virus, worm, trojan-horse, time bomb or any
+ other codes or instructions that are designed to distort, delete,
+ damage, emulate or disassemble the Software, Products, Skype Websites,
+ communication or protocols;
+
+ (c) send unsolicited communications (also referred to as “SPAM”, “SPIM”
+ or “SPIT”) or any communication not permitted by applicable law or use
+ the Software, Products or Skype Websites for the purposes of phishing
+ or pharming or impersonating or misrepresenting affiliation with
+ another person or entity;
+
+ (d) expose any third party to material which is offensive, harmful to
+ minors, indecent or otherwise objectionable in any way;
+
+ (e) use the Software, Products or Skype Websites to cause or intend to
+ cause embarrassment or distress to, or to threaten, harass or invade
+ the privacy of, any third party; or
+
+ (f) use (including as part of your User ID and/or profile picture) any
+ material or content that is subject to any third party proprietary
+ rights, unless you have a licence or permission from the owner of such
+ rights; or
+
+ (g) collect or harvest any personally identifiable information,
+ including account names, from the Software, Products or Skype Websites;
+
+ (h) impact or attempt to impact the availability of the Software,
+ Products or Skype Websites for example, with a denial of service (DOS)
+ or distributed denial of service (DDoS) attack;
+
+ (i) use or launch any automated system, including without limitation,
+ robots, spiders or offline readers that access the Software, Products
+ or Skype Websites. Notwithstanding the foregoing, you agree that Skype
+ grants to the operators of public search engines permission to use
+ spiders to copy materials from the Skype Website for the sole purpose
+ of creating publicly available searchable indices of the materials, but
+ not caches or archives of such materials. Skype reserves the right to
+ revoke these exceptions at any time.
+
+ 6.4 User Submissions Please exercise respect when participating in any
+ features of the Skype Websites or Software such as Forums, Blogs, email
+ functions, video hosting, sharing and/or publishing or any other
+ function on the Skype Websites or of the Skype Software which allows
+ you to post, upload, edit, host, share and/or publish content. You
+ acknowledge and agree that: (i) by using the Skype Websites and/or
+ Software you may be exposed to content that you may find offensive or
+ indecent and you do so at your own risk; (ii) you are solely
+ responsible for, and Skype has no responsibility to you or any third
+ party for any User Submissions that you create, submit, post or publish
+ on the Skype Websites or through the Software; (iii) Skype does not
+ guarantee any confidentiality with respect to User Submissions, whether
+ or not they are published (iv) Skype is not responsible for any User
+ Submissions that you may have access to through your use of the Skype
+ Websites or Software and all User Submissions are the responsibility of
+ the person from whom such User Submissions originated. Skype does not
+ endorse any User Submissions or any opinion, recommendation, or advice
+ expressed therein, and expressly disclaims any and all liability in
+ connection with User Submissions.
+
+ In connection with your User Submissions, you represent and warrant
+ that you
+
+ (i) own or have the necessary licenses, rights, consents, and
+ permissions to use and authorise Skype to use all copyrights, trade
+ marks, trade secrets, patents and other intellectual property or
+ proprietary rights in and to any and all User Submissions in accordance
+ with these Terms; and
+
+ (ii) you have the written consent, release and /or permission of each
+ and every identifiable individual person in the User Submission to use
+ the name and/or likeness of each and every such individual in the User
+ Submission, to enable inclusion and use thereof in the manner
+ contemplated by these Terms. You shall not copy, post or use text,
+ photos, pictures, music, sounds, images or any other content from any
+ third party or source (“Third Party Content”) without specific
+ permission from the owner. Such Third Party Content may be protected by
+ intellectual property laws and the owners of the intellectual property
+ rights in such content may object to its use. You must not use any
+ Third Party Content without first obtaining the permission of the owner
+ of the intellectual property rights in such content.
+
+ Notwithstanding any rights or obligations governed by the Additional
+ Terms (as defined below) if, at any time you choose to upload or post
+ User Submissions to the Skype Websites or through the Software
+ (excluding Reports and excluding the content of your communications)
+ you automatically grant Skype a non-exclusive, worldwide, irrevocable,
+ royalty-free, perpetual, sub-licensable and transferable license of all
+ rights to use, edit, modify, include, incorporate, adapt, record,
+ publicly perform, display, transmit and reproduce the User Submissions
+ including, without limitation, all trade marks associated therewith, in
+ connection with the Skype Websites and Skype’s Software and Products
+ including for the purpose of promoting or redistributing part or all of
+ the Skype Websites and/or the Software or Products, in any and all
+ media now known or hereafter devised. You also hereby grant each user
+ of the Skype Website and/or Skype’s Software or Products a
+ non-exclusive license to access your User Submission through the Skype
+ Website and/or Software or Products and to use, copy, distribute,
+ prepare derivative works of, display, perform and transmit such User
+ Submissions solely as permitted through the functionality of the Skype
+ Websites and/or Software or Products and pursuant to these Terms of
+ Use. In addition, you waive any so-called “moral rights” in and to the
+ User Submissions, to the extent permitted by applicable law.
+
+ You may not submit or publish through the Skype Website or Software any
+ User Submissions that are libelous, defamatory, pornographic,
+ harassing, hateful, an invasion of privacy, obscene, abusive, illegal,
+ racist, offensive, harmful to a minor or an infringement of any
+ intellectual property rights or a trade secret of a third party, or
+ would otherwise violate the rights of any third party or give rise to
+ civil or criminal liability. Furthermore, you may not submit or publish
+ User Submissions that contain falsehoods or misrepresentations, solicit
+ funds or services, contain advertising, promotional materials, junk
+ mail, spam, chain letters or any form of solicitation, impersonate
+ others or include programs that contain viruses or any other programs
+ designed to impair the functionality of any computer. You agree not to
+ solicit, for commercial purposes, any users of the Skype Website or
+ Software with respect to their User Submissions. You agree not to
+ circumvent, disable or otherwise interfere with the security related
+ features of the Skype Website or Software or features that prevent or
+ restrict the use of any content thereof.
+
+ 6.5 Your Information: From time to time, Skype may request information
+ from you for the purpose of supplying the Software or Products to you.
+ You shall ensure that any such information is complete, up-to-date and
+ accurate.
+
+ 6.6 No Reselling. The Software and Products are for your individual
+ use. You shall not resell or commercialise the Software and/or Products
+ to any third party.
+
+ 6.7 Export Restrictions: The Software may be subject to international
+ rules that govern the export of software. You shall comply with all
+ applicable international and national laws that apply to the Software
+ as well as end-user, end-use, destination restrictions issued by
+ national governments or similar bodies, and restrictions on embargoed
+ nations. In the US the Internet Communications Software is controlled
+ under ECCN 5D992 of the Export Administration Regulations (“EAR”) under
+ Encryption Registration Number (“ERN”) R100351 and thus may not be
+ exported or re exported from the US to or downloaded by any person in
+ any countries controlled for anti terrorism reasons under the EAR,
+ which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the
+ Internet Communications Software may not be exported or re exported
+ from the US to or downloaded by any person or entity subject to US
+ sanctions regardless of location. See
+ www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part
+ 736. Skype is making the Software available to you for download only on
+ the condition that you certify that you are not such a person or entity
+ and that the download is not otherwise in violation of US export
+ control and sanctions regulations.
+
+7. PROPRIETARY RIGHTS
+
+ 7.1 The Software, Products and Skype Websites contain proprietary and
+ confidential information that is protected by intellectual property
+ laws and treaties.
+
+ 7.2 The content and compilation of content included on the Skype
+ Websites, (excluding User Submissions) such as sounds, text, graphics,
+ logos, icons, images, audio clips, digital downloads and software, are
+ the property of Skype, its affiliates or licensors and are protected by
+ United States and international copyright laws. Such copyright
+ protected content cannot be reproduced without Skype’s express
+ permission. You may download and make personal, non-commercial use of
+ User Submissions on www.qik.com that are displayed with a “download” or
+ similar link. Skype reserves all rights not expressly granted in the
+ Skype Websites.
+
+ 7.3 Skype and/or its licensors retain exclusive ownership of the
+ Software, Products and Skype Websites and all intellectual property
+ therein (whether or not registered and anywhere in the world). You will
+ not take any action to jeopardise, limit or interfere with Skype’s
+ intellectual property rights in the Software, Products and/or Skype
+ Websites.
+
+ 7.4 “Skype”, associated trademarks and logos and the “S” logo are
+ trademarks of Skype. Skype has registered and filed applications to
+ register its trademarks in many countries worldwide. Skype’s trademarks
+ and trade dress may not be used in connection with any product or
+ service that is not Skype’s, in any manner that is likely to cause
+ confusion among customers, or in any manner that disparages or
+ discredits Skype. All other trademarks not owned by Skype or any of its
+ related companies that appear on this site are the property of their
+ respective owners. You are not permitted to and shall not register or
+ use any trade name, trademark, logo, domain name or any other name or
+ sign that incorporates any of Skype’s intellectual property (in whole
+ or part) or that is confusingly similar thereto. Please also see
+ Skype’s Trademark Guidelines for further details on use of its marks.
+
+8. CHARGES
+
+ 8.1 Calling phones and premium rate numbers with Skype Credit:
+
+ (i) Calling landlines and mobiles: The charges payable for calling
+ phones (outside of a subscription) consist of a connection fee (charged
+ once, per call) and a per-minute rate as set out on
+ www.skype.com/go/allrates. All calls will be disconnected and require a
+ re-dial after a 4-hour duration and an additional connection fee will
+ be charged on re-dial.
+
+ (ii) Premium rate numbers: The charges payable for calling premium rate
+ numbers consist of a per-minute rate available at
+ www.skype.com/go/rates-premium. No connection fee is payable.
+
+ (iii) Skype may change the rates for calling phones and premium rate
+ numbers at any time without notice to you by posting such change at
+ www.skype.com/go/allrates. The new rate will apply to your next
+ purchase after the new rates have been published. Please check the
+ latest rates before you make your call. If you do not accept the new
+ rates, do not make your call.
+
+ (iv) The duration of a call shall be based on one-minute increments.
+ Fractions of minutes will be rounded up to the next minute. The
+ connection fee, where applicable, will be charged at the beginning of
+ the call. At the end of a call, fractional cent charges will be rounded
+ up to the nearest whole cent, for example a total call price of €0.034
+ will be rounded up to €0.04. During the call, charges incurred will be
+ deducted automatically from the Skype Credit balance in your User
+ Account.
+
+ 8.2 Charges for other Paid For Products: The charges for other Paid For
+ Products will be confirmed to you before you complete a purchase from
+ Skype. Skype may change the charges payable for the purchase of such
+ Products at any time without any notice to you. You can choose whether
+ or not to accept the new charges prior to completing your next purchase
+ of the applicable Product. The new charges will apply to your next
+ purchase after the new charges have been published.
+
+ 8.3 Promotional Offers: From time to time, Skype may offer Paid-For
+ Products for free for a trial period. Skype reserves the right to
+ charge you for such Products (at the normal rate) in the event that
+ Skype determines (in its reasonable discretion) that you are abusing
+ the terms of the offer, including if you are using any service, proxy
+ or other devices or anonymous IP address that prevents us from locating
+ you.
+
+ 8.4 Tax: Skype may collect VAT or other indirect taxes at the
+ appropriate rate (as per applicable tax rules) at the time of purchase
+ of Skype Credit. 15% Luxembourg VAT generally applies if you are
+ located in the EU and the Products are purchased and used in the EU. 8%
+ Swiss VAT applies if you are located in Switzerland. Other local taxes
+ may apply in certain countries. When you purchase a voucher or pre-paid
+ card, depending on the country, 15% Luxembourg VAT, local VAT or other
+ taxes may apply and may be deducted from the value of the voucher or
+ prepaid card upon redemption. You explicitly waive any right to VAT
+ reimbursement from Skype if the amount of VAT ultimately payable by the
+ latter to the tax authorities would for any reason be lower than the
+ amount of VAT collected from you at the time of purchase. Your Skype
+ Credit balance is displayed exclusive of any such taxes. The
+ territories in the EU set out below are outside the scope of EU VAT
+ under Council Directive 2006/112/EC on the common system of VAT, as
+ amended. The Skype Website does not enable users in such territories to
+ take advantage of this VAT exemption and we therefore do not provide
+ the Products in such territories: Mount Athos, Canary Islands, French
+ Overseas Departments, Aland Islands, Channel Islands, Heligoland
+ Island, Büsingen / Buesingen Territory, Ceuta, Melilla, Livigno,
+ Campione d'Italia and Italian Waters of Lake Lugano.
+
+ 8.5 Third-Party Charges: Using the Software on mobile applications will
+ use some of the data allowance available on the data package to which
+ you have subscribed with your mobile network operator. Out-of-country
+ usage may lead to significantly higher costs than regular usage, and
+ you are solely responsible for keeping yourself informed and paying for
+ possible roaming and other applicable charges levied by your mobile
+ network operator.
+
+9. PAYMENT
+
+ 9.1 Skype Credit. You can pay for select Paid-For Products using Skype
+ Credit. You can purchase Skype Credit using any payment method made
+ available to you by Skype from time to time. The Skype Credit that you
+ purchase will be credited to your User Account at the time of purchase
+ (or if you are using a Skype Credit voucher, at the time you redeem
+ that voucher).
+
+ 9.2 Inactive Skype Credit. If you do not use your Skype Credit for a
+ period of 180 days, (including Skype Credit that has been allocated to
+ you by a Skype Manager administrator) Skype will place your Skype
+ Credit on inactive status. You can reactivate the Skype Credit by
+ following the reactivation link in My Account at
+ https://secure.skype.com/account/credit-reactivate. Reactivated Skype
+ Credit is not refundable. If you are located in Japan and you buy Skype
+ Credit from the Skype Website, this paragraph does not apply to you and
+ your Skype Credit shall expire 6 months from the date of purchase. You
+ are not permitted to use any Skype Credit on or after the date of its
+ expiry.
+
+ 9.3 Other payment methods. Skype does not guarantee that you will be
+ able to use your Skype Credit balance to purchase all Products. Where
+ Skype Credit cannot be used to pay for a Product, Skype will make
+ another payment method available to you. Skype reserves the right to
+ remove or amend the available payment methods at its sole discretion.
+
+ 9.4 Recurring Payments. Where you purchase Products on a subscription
+ basis (monthly, every 3 months or annually (as applicable)), you
+ acknowledge and agree that this is a recurring payment and payments
+ shall be made to Skype by the method you have chosen at the recurring
+ intervals chosen by you, until the subscription for that Product is
+ terminated by you or by Skype.
+
+ 9.5 Auto-Recharge.
+
+ (a) The Auto-Recharge feature will be automatically enabled when you
+ buy Skype Credit, unless you untick the appropriate box. Your Skype
+ Credit balance will be recharged with the same amount and by the same
+ payment method chosen when you first sign up for Auto-Recharge, unless
+ you subsequently change the amount by accessing your User Account. For
+ example, if you purchase 10 Euros of Skype Credit with your credit
+ card, the recharge amount charged to your credit card will also be 10
+ Euros of Skype Credit. In future the same amount will be charged to
+ your credit card every time your Skype account balance goes below the
+ threshold set by Skype from time to time. If you do not want to enable
+ Auto-Recharge, please untick the box.
+
+ (b) If you purchased a subscription with a payment method other than
+ credit card, PayPal or Moneybookers (Skrill), and you have enabled
+ Auto-Recharge, your Skype Credit balance will be recharged with the
+ amount necessary to purchase your next recurring subscription.
+
+ (c) You can disable Auto-Recharge at any time by accessing your User
+ Account.
+
+10. REFUND POLICY
+
+ 10.1 When you purchase Paid-For-Products directly from Skype you will
+ be entitled to a cancellation period of fifteen (15) days (a
+ “Cooling-Off Period”) unless you have made use of the Paid-For-Products
+ in any way, in which case the Cooling-Off Period will be extinguished
+ and your purchase cannot be cancelled or refunded.
+
+ 10.2 Outside of the Cooling-Off Period, only subscriptions are
+ refundable unless used or expired.
+
+ 10.3 Expenditure of Skype Credit, allocation of a Skype Number, or use
+ of any aspect of a subscription amounts to “use” of a Paid-For-Product.
+ You hereby expressly agree that Skype Numbers may be allocated before
+ the end of the Cooling-Off Period.
+
+ 10.4 The Cooling-Off Period and refunds do not apply to
+ Paid-For-Products that are (i) purchased via a third party partner of
+ Skype (please contact the partner directly, who may decide in its sole
+ discretion whether or not to pay a refund), (ii) not directly acquired
+ online from Skype (e.g. vouchers or pre-paid cards) (iii) paid for in
+ cash using third party payment methods (such as a cash payment wallet)
+ and (iv) paid for and allocated to your Skype Account by a Skype
+ Manager administrator. They also do not apply to Membership of Skype
+ Developer.
+
+ 10.5 If you believe that Skype has charged you in error, you must
+ contact Skype within 90 days of such charge. No refunds will be given
+ for any charges more than 90 days old.
+
+ 10.6 Skype reserves the right to refuse a refund request if it
+ reasonably believes (i) that you are trying to unfairly exploit this
+ refund policy, for example, by making repetitive refund requests in
+ respect of the same Product; (ii) if you are in breach of these Terms
+ or (iii) if Skype reasonably suspects that you are using our Products
+ or Software fraudulently or that your User Account is being used by a
+ third party fraudulently.
+
+ 10.7 This refund policy does not affect your statutory rights.
+
+11. ENDING YOUR RELATIONSHIP WITH SKYPE
+
+ 11.1 You may terminate your relationship with Skype at any time and
+ without recourse to the courts by requesting closure of your User
+ Account, ceasing to use the Software, Products and/or Skype Websites
+ and cancelling any recurring payments.
+
+ 11.2 Skype may terminate its relationship with you, or may terminate or
+ suspend your use of the Software, User Account(s), Products or Skype
+ Websites at any time and without recourse to the courts:
+
+ (a) if you are in breach of these Terms;
+
+ (b) if Skype reasonably suspects that you are using the Software, the
+ Products and/or Skype Websites to break the law or infringe third party
+ rights;
+
+ (c) if Skype reasonably suspects that you are trying to unfairly
+ exploit or misuse the refund policy, or any of our policies.
+
+ (d) if Skype reasonably suspects that you are using our Products,
+ Software and/or Skype Websites fraudulently or that your User Account
+ is being used by a third party fraudulently;
+
+ (e) if you have purchased Skype Credit from an unauthorised reseller;
+
+ (f) in respect of a particular Product, on thirty (30) days notice if
+ Skype decides to cease offering that Product;
+
+ (g) immediately, if required due to a change in laws/regulation by a
+ regulator or authority with a lawful mandate, or by any of Skype’s
+ partners;
+
+ (h) on thirty (30) days notice if Skype decides to cease offering the
+ Software to users in your jurisdiction generally.
+
+ 11.3 Skype shall effect such termination by preventing your access to
+ your User Account, the Software, Products and/or Skype Websites (as
+ applicable). We reserve the right to cancel User Accounts that have
+ been inactive for more than one (1) year.
+
+ 11.4 Consequences of Termination: Upon termination of your relationship
+ with Skype: (a) all licenses and rights to use the Software, Products
+ and/or Skype Websites shall immediately terminate; (b) you will
+ immediately cease any and all use of the Software, Products and/or
+ Skype Websites; and (c) you will immediately remove the Software from
+ all hard drives, networks and other storage media and destroy all
+ copies of the Software in your possession or under your control.
+
+12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
+
+ 12.1 For the purposes of this paragraph 12, "Skype" includes its
+ subsidiary companies and affiliated legal entities and all their
+ directors, officers, agents, licensors and employees.
+
+ 12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE
+ SOFTWARE, PRODUCTS AND SKYPE WEBSITES ARE PROVIDED “AS IS” AND USED AT
+ YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; SKYPE DOES NOT MAKE ANY
+ WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH
+ WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH
+ RESPECT TO THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES INCLUDING,
+ WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE,
+ NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR
+ PURPOSE. SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE,
+ PRODUCTS AND/OR SKYPE WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
+ UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR
+ WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SKYPE WARRANT ANY CONNECTION
+ TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE
+ THROUGH THE SOFTWARE.
+
+ 12.3 Nothing in these Terms shall exclude or restrict Skype's liability
+ for (a) death or personal injury, (b) loss resulting from Skype's
+ wilful default or gross negligence, (c) fraud or deliberate
+ misrepresentation, or (d) any liability which cannot be limited or
+ excluded by applicable law.
+
+ 12.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT SKYPE WILL HAVE NO
+ LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
+ OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF
+ SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO SKYPE, IN CONNECTION WITH
+ OR ARISING FROM YOUR USE OF SKYPE WEBSITES, OR THE INTERNET
+ COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF
+ CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR
+ DISSATISFACTION WITH SUCH SOFTWARE AND/OR SKYPE WEBSITES IS TO
+ IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE
+ AND/OR SKYPE WEBSITES.
+
+ 12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4
+ above, Skype shall not be liable to you, whether in contract, tort
+ (including negligence) or any other theory of liability, and whether or
+ not the possibility of such damages or losses has been notified to
+ Skype, for:
+
+ (a) any indirect, special, incidental or consequential damages; or
+
+ (b) any loss of income, business, actual or anticipated profits,
+ opportunity, goodwill or reputation (whether direct or indirect); or
+
+ (c) any damage to or corruption of data (whether direct or indirect);
+
+ (d) any claim, damage or loss (whether direct or indirect ) arising
+ from or relating to:
+
+ (i) your inability to use the Software to contact Emergency Services;
+
+ (ii) your failure to make additional arrangements to access Emergency
+ Services in accordance with paragraph 5.5 above;
+
+ (iii)the service limitations set out in paragraph 5.6;
+
+ (iv)your failure to provide accurate physical location information to
+ an Emergency Services operative; or
+
+ (v)conduct of third party Emergency Services operatives and calling
+ centres to which you may be connected.
+
+ (e) any claim, damage or loss (whether direct or indirect) arising from
+ or relating to:
+
+ (i) any product or service provided by a third party under their own
+ terms of service, including without limitation, Skype WiFi;
+
+ (ii) any Third Party Technology;
+
+ (iii) any third party website.
+
+ 12.6 Subject to paragraphs 12.3 - 12.5 above, Skype’s total liability
+ to you under or in connection with these Terms (whether in contract,
+ tort (including negligence) or any other theory of liability)) SHALL
+ NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE
+ 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE
+ TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS IN
+ ALL CASES.
+
+ 12.7 If any third party brings a claim against Skype in connection
+ with, or arising out of (i) your breach of these Terms; (ii) your
+ breach of any applicable law of regulation; (iii) your infringement or
+ violation of the rights of any third parties (including intellectual
+ property rights); (iv) your User Submissions or (v) your complaint in
+ relation to any User Submission, you will indemnify and hold Skype
+ harmless from and against all damages, liability, loss, costs and
+ expenses (including reasonable legal fees and costs) related to such
+ claim.
+
+13. THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES
+
+ 13.1 Third parties may offer products or services via the Software
+ and/or Skype Websites, including games, applications, images, ring
+ tones, or avatars. Whilst Skype takes no responsibility for such
+ products or services, if you encounter any problems with payment for or
+ download, use of installation of such products or services, Skype will
+ use commercially reasonable endeavours to assist or resolve the
+ problems. The third party products or services may be subject to the
+ third party provider’s own terms and privacy policy that you may have
+ to accept upon download or installation. You should review such terms
+ before making any purchase or using any third party product or service
+ and Skype shall not be responsible for your failure to do so.
+
+ 13.2 You acknowledge and agree that any third-party product information
+ and pricing that is shown on the Skype Websites regarding third-party
+ products and services is given to Skype by the applicable third-party
+ merchant (“Merchant”). The Merchant has the ability to change its
+ pricing or terminate its product availability at anytime. Skype is not
+ involved in any transactions between you and any Merchant whose
+ products and/or services are listed on the Skype Websites. Skype does
+ not control, is not responsible for and does not guarantee: (i) the
+ pricing, quality, performance, availability or terms and conditions of
+ purchase of products or services provided by the Merchant; (ii) any
+ payment transactions, delivery, returns or after sales activities
+ related to the products or services purchased on the Merchants’
+ websites; (iii) the availability of the Merchant’s websites; (iv) the
+ completeness, truth or accuracy of any advertising or other materials
+ on, or available from, the Merchants’ websites, nor any listing or
+ other content about such products and services displayed on the Skype
+ Websites; (v) links to the Merchants’ websites that are featured on the
+ Skype Websites. Any questions, complaints, or claims related to any
+ product or service provided by a Merchant should be directed to the
+ applicable Merchant.
+
+ 13.3 The Software and Skype Websites may include hyperlinks to other
+ third party websites. Skype is not responsible for such third party
+ websites or the availability of such websites and does not endorse any
+ content or material on such third party websites. Your use of each of
+ these third party websites is subject to the terms and conditions
+ posted on the applicable website.
+
+14. ADDITIONAL TERMS
+
+ 14.1 The Skype Etiquette provides guidelines on how to use Skype and
+ how to treat the other members of Skype’s community properly and
+ respectfully. Please read these guidelines carefully which form part of
+ the Terms.
+
+ 14.2 If you want to use the Internet Communications Software in
+ connection with any Broadcast, you must comply with the Broadcast TOS
+ at http://www.skype.com/legal/broadcast
+
+ 14.3 Software Development Kits and APIs. Software development kits
+ provided through Skype Developer on the Skype Website (including
+ “SkypeKit”) and the use of any application program interface (“API”)
+ exposed or made available by Skype are subject to their own licensing
+ terms in which case such licensing terms will govern your use of that
+ software. If you use any such software development kit or API (as
+ applicable) you agree that you have read and will comply with the
+ applicable licensing terms, which are available on
+ http://developer.skype.com/.
+
+ 14.4 Qik Free and Open Source Software Notice is incorporated herein by
+ reference.
+
+15. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
+
+ Skype is committed to respecting your privacy and the confidentiality
+ of your personal information. We will process your personal
+ information, the traffic data and the content of your communication(s)
+ in accordance with our Privacy Policy: http://www.skype.com/go/privacy.
+
+16. FOR GOVERNMENT USERS ONLY
+
+ The Software and Documentation are “commercial computer software” and
+ “commercial computer software documentation,” respectively, as such
+ terms are used in United States Federal Acquisition Regulations
+ paragraph 12.212. Any use, duplication or disclosure of the Software or
+ the Documentation by or on behalf of the U.S. Government is subject to
+ restrictions as set forth in this Agreement.
+
+17. HOW TO CONTACT SKYPE
+
+ 17.1 To contact Skype in relation to the Skype Software or “Skype”
+ branded Products, please submit a support request to support.skype.com.
+
+ 17.2 To contact Skype in relation to the Qik Software or “Qik” branded
+ Products, please submit a support request to support.qik.com.
+
+ 17.3 If you contact Skype by any means other than as set out in
+ paragraphs 17.1 or 17.2, your request may not be acknowledged.
+
+18. MISCELLANEOUS
+
+ 18.1 You agree to the use of electronic communication in order to enter
+ into contracts, place orders, and create other records and to the
+ electronic delivery of notices, policies and changes thereto and
+ records of transactions with Skype.
+
+ 18.2 For your convenience, Skype may provide you with a translation of
+ the English language version of these Terms. In the event of any
+ inconsistency between a non-English version of these Terms and the
+ English version, the English version shall govern your relationship
+ with Skype.
+
+ 18.3 These Terms constitute the entire agreement between you and Skype
+ with respect to your use of the Software, Products and/or Skype
+ Websites and replace any prior agreements between you and Skype with
+ respect to the Software, Products and/or Skype Websites.
+
+ 18.4 If any provision of these Terms (or part of it), is found by any
+ court or administrative body of competent jurisdiction or an arbitrator
+ to be illegal, invalid or unenforceable, then such provision (or part
+ of it) shall be removed from the Terms without affecting the legality,
+ validity or enforceability of the remainder of the Terms. Paragraph
+ 20.3(i) says what happens if parts of paragraph 20.3 (arbitration and
+ class action waiver) are found to be illegal, invalid or unenforceable.
+ Paragraph 20.3(i) prevails over this paragraph if inconsistent with it.
+
+ 18.5 The failure by Skype to exercise, or delay in exercising, a legal
+ right or remedy provided by these Terms or by law shall not constitute
+ a waiver of Skype’s right or remedy. If Skype waives a breach of these
+ Terms, this shall not operate as a waiver of a subsequent breach of the
+ Terms.
+
+ 18.6 You may not assign these Terms or any rights or obligations
+ contained in them. Skype may, without prior notice, assign these Terms
+ or any rights or obligations contained in them to any third party.
+
+ 18.7 This paragraph 18, along with paragraphs, 4.2, 12, 20.3 and any
+ other provisions, which are expressed or clearly intended to survive or
+ operate in the event of termination, shall survive termination of the
+ Terms.
+
+ 18.8 You acknowledge and agree that if Skype is unable to provide the
+ Software, Products and/or Skype Websites as a result of a force majeure
+ event, Skype will not be in breach of any of its obligations towards
+ you under these Terms. A force majeure event means any event beyond the
+ control of Skype.
+
+ 18.9 These Terms other than paragraph 20.3 shall be governed by and
+ interpreted in accordance with the laws of Luxembourg and shall be
+ subject to the jurisdiction of the courts of the district of
+ Luxembourg. Paragraph 20.3 is governed by the United States Federal
+ Arbitration Act.
+
+ 18.10 AVC/H.264 NOTICE: If the Software is used to make video calls (i)
+ between a personal computer and a device that is not a personal
+ computer or (ii) between devices that are not personal computers, the
+ AVC/H.264 codec may be used to facilitate video functionality in which
+ case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS
+ PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE
+ PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN
+ COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC
+ VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
+ NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
+ LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
+ IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
+ MPEG LA, L.L.C. SEE www.mpegla.com.
+
+19. PRODUCT SPECIFIC TERMS
+
+ 19.1 Skype Numbers (previously known as “Online Numbers”) and Skype To
+ Go numbers
+
+ (a) Availability and use. Where we provide you with a Skype Number or
+ Skype To Go number, you agree that:
+
+ (i) you do not own the number or have a right to retain that number
+ forever;
+
+ (ii) the number provided to you is subject to applicable numbering
+ rules and regulatory practices;
+
+ (iii) you will comply on an ongoing basis with any specific number
+ allocation requirements that we make you aware of, or any reasonable
+ instructions that Skype or Skype’s partners may give to you with regard
+ to the use of the numbers and the Products;
+
+ (iv) you will not transfer or attempt to transfer your number to any
+ third party. In particular, you are responsible for compliance with any
+ requirements related to residency and or location; and
+
+ (v) you will supply accurate, complete and up-to-date information to us
+ where we request it and inform us where such information changes. Skype
+ reserves the right to change the terms related to Skype Numbers and/or
+ Skype To Go numbers, including without limitation to impose or amend
+ any residency requirements and/or require the provision of further user
+ information for continued access to such numbers. In certain countries,
+ a number may be made available to you by a Skype partner rather than
+ Skype, and you may need to enter into a separate agreement with such
+ partner.
+
+ (b) Other changes to numbers. If Skype needs to withdraw or change the
+ number that has been made available to you, Skype will use commercially
+ reasonable endeavours to notify you by e-mail, stating the effective
+ date of the change and where possible, your new number. If you do not
+ wish to accept this new number, you are entitled to terminate your
+ number.
+
+ 19.2 User Account on Skype Manager
+
+ (a) You are not permitted to belong to more than one Skype Manager at
+ the same time.
+
+ (b) Any Skype Number purchased before 21 July 2009 and allocated to you
+ by a Skype Manager administrator shall be taken back by the
+ administrator of the Skype Manager, if you leave the Skype Manager
+ account for any reason. The right to use the number and the
+ cancellation of such right rest with the Skype Manager administrator at
+ his/her sole discretion and not you.
+
+ (c) Personal and traffic data – Members. As a member of a Skype Manager
+ account you acknowledge and agree that the administrator of the Skype
+ Manager may, if you agree, view detailed information about the activity
+ on your User Account including the time, date, duration and destination
+ number of calls and SMS made and details of your purchases and
+ downloads. You can withdraw your agreement at any time by changing the
+ settings on your User Account. If you provide personal data including
+ your name and job title to be included on the Skype Manager directory,
+ you acknowledge that other members of that Skype Manager may view such
+ data.
+
+ 19.3 Subscriptions
+
+ (a) Fair Usage Policy. At Skype, we want all of our customers to get
+ the best calling plans, known as ‘subscriptions’, at the lowest
+ possible price. This Fair Usage Policy ("FUP") is designed to prevent
+ fraud and abuse of our subscriptions by a small number of users.
+
+ Subject to this FUP, Skype’s unlimited subscriptions allow unlimited
+ calls to landlines in the applicable subscription countries (excluding
+ special, premium, service and non-geographic numbers). Unlimited calls
+ to mobiles may also be included where stated at the time of purchase.
+ All calls will be disconnected and require a re-dial after a 2-hour
+ duration.
+
+ Skype’s subscriptions are for individual use only (personal or business
+ communications) in accordance with our Terms of Use and this FUP
+ (“Legitimate Use”). The following is a non-exhaustive list of practices
+ that would not be considered Legitimate Use:
+
+ (i) Using subscriptions for telemarketing or call centre operations;
+
+ (ii) Re-selling subscription minutes;
+
+ (iii) Sharing subscriptions between users whether via a PBX, call
+ centre, computer or any other means;
+
+ (iv) Calling numbers (whether singly, sequentially or automatically) to
+ generate income for yourself or others as a result of merely placing
+ the call, other than for your individual business communications (and
+ subject to paragraph 4.1 of the Terms of Use); and
+
+ (v) Unusual calling patterns inconsistent with normal, individual
+ subscription use, for example, regular calls of short duration or calls
+ to multiple numbers in a short period of time.
+
+ Other practices may be relevant in determining Legitimate Use and Skype
+ reserves the right to take any unlawful, prohibited, abnormal or
+ unusual activity into account in making its determination. Skype may at
+ its option, terminate its relationship with you, or may suspend your
+ subscription immediately if it determines you are using your
+ subscription contrary to this FUP or Skype’s Terms of Use. Where
+ reasonable, Skype will provide you with notice of improper usage before
+ suspension or termination of your subscription and, if appropriate,
+ Skype may offer you an alternative subscription.
+
+ (b) Skype reserves the right to withdraw or change the subscriptions at
+ any time. If Skype changes the Products included in your subscription,
+ Skype will notify you by email stating the changes and their effective
+ date. If you do not wish to accept these changes, you are entitled to
+ terminate your subscription, with effect from the date on which the
+ changes are due to take effect.
+
+ (c) The “Unlimited World Extra” subscription has a minimum fixed term
+ of 2 years from the date of purchase. You are not permitted to
+ terminate it before the expiry of the 2-year minimum term except in
+ case of breach by Skype of the Terms. This subscription is billed
+ monthly as a recurring payment.
+
+ 19.4 Skype WiFi
+
+ Skype WiFi is provided by one of Skype’s WiFi partners. Your use of
+ Skype WiFi is subject to that partner’s terms of service. Before you
+ start a Skype WiFi session at a specific WiFi hotspot, you will be
+ notified of the identity of the WiFi provider and their terms of
+ service. You will have to read their terms of service, which you agree
+ to be subject to by proceeding with the Skype WiFi session. You can pay
+ for Skype WiFi using your Skype Credit balance, and your use of Skype
+ Credit is subject to these Terms of Service.
+
+ 19.5 SMS
+
+ Each SMS message has a limit of 160 characters. If you type a longer
+ message it will be broken down into several SMS messages and you will
+ be charged for each message sent. If you send SMS messages to more than
+ one person you will be charged for each SMS sent to each recipient. If
+ Skype cannot (for whatever reason) send your SMS, Skype will continue
+ to try and send the message for up to 24 hours after which time the SMS
+ charge will be refunded to your Skype Credit balance automatically if
+ delivery is unsuccessful.
+
+ 19.6 Group Video Calling
+
+ (a) A fair usage policy applies at www.skype.com/go/terms.gvc.fairusage
+ and is incorporated herein by reference. Skype reserves the right to
+ change the fair usage policy at any time. Changes shall become
+ effective when published on the Skype Website. Your continued use of a
+ Skype Premium Subscription after publication on the Skype Website shall
+ constitute your acceptance to be bound by the terms and conditions of
+ the revised fair usage policy.
+
+ (b) Number of Participants. The number of permitted participants on a
+ group video call varies from 3 to a maximum of 10, subject to system
+ requirements. You can find more details at
+ www.skype.com/go/skypepremium.
+
+ (c) Audio Conversion. If a Skype Premium Subscription or Day Pass
+ expires during a group video call, or it has exceeded the fair usage
+ limit, or the owner of the Skype Premium Subscription leaves the call
+ (and there is no other participant on the call who owns a Skype Premium
+ Subscription), then the call will convert from video to audio.
+
+ (d) Software Versions. If a participant of a group video call is not on
+ a version of Internet Communications Software that supports group video
+ calls, then the call will be an audio call only for that participant.
+ For details of the system requirements for group video calling, please
+ see www.skype.com/go/skypepremium.requirements.
+
+ (e) Live chat. Live chat customer support is available as part of the
+ Skype Premium Subscription. This support is available 24 hours a day,
+ every day, and only in English.
+
+ 19.7 Qik Premium Fair Usage Policy
+
+ Qik Premium is subject to a fair usage policy of 15GB of video storage
+ per user per month and each video can be no more than 90 minutes in
+ duration. Once these limits have been reached you cannot upload any new
+ videos in that month or continue recording beyond the 90-minute mark.
+
+ Skype reserves the right to change the fair usage policy at any time.
+ Changes shall become effective when published on the Skype Website.
+ Your continued use of Qik Premium after publication on the Skype
+ Website shall constitute your acceptance to be bound by the terms and
+ conditions of the revised fair usage policy.
+
+ 19.8 Skype Video Messaging (“Video Messaging”)
+
+ If you are not a Skype Premium subscriber, the number of Video Messages
+ you can send are limited and will be subject to an expiry date.
+
+ Fair Use Policy: This FUP is designed to prevent fraud and abuse of
+ Video Messaging. Video Messaging is for personal, individual and
+ non-commercial use only, and to be in accordance with these Terms at
+ all times (“Legitimate Use”). Skype reserves the right to take any
+ unlawful, prohibited, abnormal or unusual activity into account in
+ making its determination as to whether your activity does not
+ constitute Legitimate Use. Skype may in its option, terminate its
+ relationship with you, or suspend your account immediately if it
+ determines you are using Video Messaging contrary to this FUP or these
+ Terms.
+
+20. PAY BY MOBILE
+
+ 20.1 This section applies if you select a third-party payment system
+ that enables you to pay for Skype Credit and certain Paid for Products
+ via your mobile phone bill where applicable (“Pay by Mobile”).
+
+ 20.2 By selecting or using Pay by Mobile:
+
+ (a) You authorise your mobile phone carrier to charge appropriate fees
+ directly to your mobile phone bill; and
+
+ (b) You represent that you are the person or entity responsible for the
+ mobile phone account associated with the mobile number you provide when
+ using Pay by Mobile, or are authorised by that person or entity to
+ incur such charges.
+
+ 20.3 BINDING ARBITRATION AND CLASS ACTION WAIVER FOR UNITED STATES
+ ACCOUNTS. If you select Pay by Mobile and your mobile phone account is
+ registered with a mobile phone carrier in the USA or you reside in the
+ USA, the following additional terms apply:
+
+ (a) Paragraph 20.3 applies to any dispute arising between you and
+ either Skype or any third party including mobile phone carriers and
+ Skype’s corporate affiliates (collectively, “Disputed Party” or
+ “Disputed Parties”) relating to your use of Pay by Mobile, EXCEPT IT
+ DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF
+ YOUR, SKYPE’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY
+ RIGHTS. Dispute, for purposes of paragraph 20.3, means any dispute,
+ action, or other controversy whether in contract, warranty, tort,
+ statute, regulation, ordinance, or any other legal or equitable basis.
+ Dispute will be given the broadest possible meaning allowable under
+ law.
+
+ (b) In the event of a dispute, you must provide Skype or other Disputed
+ Party with a Notice of Dispute, which is a written statement of the
+ name, address and contact information of the party giving it, the facts
+ giving rise to the dispute, and the relief requested. You must send any
+ Notice of Dispute to Skype or its corporate affiliate at ATTN: Legal
+ Department, Microsoft Corporation One Microsoft Way Redmond, WA
+ 98052-7329. and to any other Disputed Party at its principal place of
+ business in the USA, marked ATTN: Legal Department. The Disputed Party
+ will send any Notice of Dispute to your address if it has it, or
+ otherwise to your e-mail address on file. You and the Disputed Party
+ will attempt to resolve any dispute through informal negotiation within
+ 60 days from the date the Notice of Dispute is sent, after which you or
+ the Disputed Party may commence arbitration.
+
+ (c) You may also litigate any dispute in a small claims court in your
+ county of residence, if the dispute meets all requirements to be heard
+ in the small claims court. You may litigate in a small claims court
+ whether or not you negotiated informally first.
+
+ (d) Binding Arbitration. If you and a Disputed Party do not resolve any
+ dispute by informal negotiation or in small claims court, any other
+ effort to resolve the dispute will be conducted exclusively by binding
+ arbitration governed by the United States Federal Arbitration Act
+ (“FAA”). You are giving up the right to litigate (or participate in as
+ a party or class member) all disputes in court before a judge or jury.
+ Instead, all disputes will be resolved before a neutral arbitrator,
+ whose decision will be final except for a limited right of appeal under
+ the FAA. Any court with jurisdiction over the parties may enforce the
+ arbitrator’s award.
+
+ (e) Class Action Waiver. Any proceedings to resolve or litigate any
+ dispute in any forum will be conducted solely on an individual basis.
+ Neither you nor a Disputed Party will seek to have any dispute heard as
+ a class action, private attorney general action, or in any other
+ proceeding in which either party acts or proposes to act in a
+ representative capacity. No arbitration or proceeding will be combined
+ with another without the prior written consent of all parties to all
+ affected arbitrations or proceedings.
+
+ (f) Any arbitration will be conducted by the American Arbitration
+ Association (the “AAA”) under its Commercial Arbitration Rules. If you
+ are an individual and use the Software or Products for personal or
+ household use, or if the value of the dispute is $75,000 USD or less
+ whether or not you are an individual or how you use them, its
+ Supplementary Procedures for Consumer-Related Disputes will also apply.
+ For more information, see adr.org or call +1-800-778-7879. In a dispute
+ involving $75,000 USD or less, Skype will promptly reimburse your
+ filing fees and pay the AAA’s and arbitrator’s fees. You and Skype
+ agree to the terms governing procedures, fees and incentives at
+ go.microsoft.com/fwlink/?linkid=275219. To commence arbitration,
+ submit the form available at go.microsoft.com/fwlink/?linkid=275627 to
+ the AAA. You agree to commence arbitration only in your county of
+ residence, in Santa Clara County, California, or another Disputed
+ Party’s principal place of business in the USA. Skype and other
+ Disputed Parties agree to commence arbitration only in your county of
+ residence.
+
+ (g) To the extent permitted by law, any claim or dispute relating to
+ your use of Pay by Mobile must be filed within one year in small claims
+ court (paragraph 20.3(c)) or in arbitration (paragraph 20.3(d)). The
+ one-year period begins when the claim or dispute first could be filed.
+ If such a claim or dispute is not filed within one year, it is
+ permanently barred.
+
+ (h) Rejecting Future Arbitration Changes. You may reject any change
+ Skype makes to paragraph 20.3 (other than address changes) by sending
+ us notice within 30 days of the change by U.S. Mail to the address in
+ paragraph 20.3(b). If you do, the most recent version of paragraph 20.3
+ before the change you rejected will apply.
+
+ (i) If the class action waiver in paragraph 20.3(e) is found to be
+ illegal, invalid or unenforceable as to all or some parts of a dispute,
+ then paragraph 20.3 will not apply to those parts. Instead, those parts
+ will be severed and proceed in a court of law, with the remaining parts
+ proceeding in arbitration. If any other provision of paragraph 20.3 is
+ found to be illegal, invalid or unenforceable, that provision will be
+ severed with the remainder of paragraph 20.3 remaining in full force
+ and effect.
+
+ YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND
+ THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY
+ CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE
+ OR USE THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES, YOU EXPRESSLY
+ CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE
+ RIGHTS SET FORTH HEREIN.
+
+© Skype – Last updated: April 2013