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Retrieved from https://www.skype.com/en/legal/ios/tos/ (2016-09-09)
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Table of contents:
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1. Your agreement with Skype
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2. Acceptance of the Terms
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3. Changes to the Terms
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4. Licence
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5. Use of the software and products and Skype websites
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6. Your obligations
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7. Proprietary rights
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8. Charges
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9. Payment
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10. Refund Policy
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11. Ending Your relationship with Skype
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12. Exclusion of warranties, limitation of liability and indemnity
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13. Third party websites products and services
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14. Additional Terms
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15. Your confidential information and your privacy
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16. For Government users only
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17. How to contact Skype
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18. Miscellaneous
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19. Product specific terms
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20. Pay by mobile
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PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S)
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OR SKYPE WEBSITES
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Key Points
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It is important that you read the entirety of and understand this
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document. There are, however, a few key points that we need to
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emphasise:
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NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for
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your ordinary mobile or fixed line telephone. In particular, apart from
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in the very limited circumstances set out in paragraph 5.6 of these
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Terms (applicable to Skype’s Internet Communications Software only),
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the Software does not allow you to make emergency calls to emergency
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services. You must make alternative communications arrangements to
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ensure that you can make emergency calls if needed.
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CHECK RESTRICTIONS ON USE: In some countries there are restrictions on
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the use of the Software. It is your responsibility to ensure that you
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are legally allowed to use the Software where you are located.
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NO OWNERSHIP OF NUMBERS: If Skype allocates to you a Skype Number
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(previously known as “Online Number”) or Skype To Go Number, you do not
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own the number or have a right to retain that number forever. Skype may
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need to change or withdraw the number allocated to you from time to
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time. You will not transfer or attempt to transfer your Skype Number or
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Skype To Go Number to anyone else. You must ensure you comply with any
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allocation requirements displayed when purchasing a Skype Number as
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failure to do so could result in the number being withdrawn. Please see
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also paragraph 19.1.
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SKYPE CREDIT BECOMES INACTIVE AFTER 180 DAYS: If you purchase Skype
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Credit please be aware that it becomes inactive after 180 days of
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inactivity. Please see also paragraph 9.2.
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ARBITRATION CLAUSE AND CLASS ACTION WAIVER: If you live in the USA and
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select Pay by Mobile (see paragraph 20), a binding arbitration clause
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and class action waiver affects your rights to resolve a dispute with
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Skype, its corporate affiliates, or other third parties including
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mobile phone carriers. Please read paragraph 20.3 carefully.
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1. YOUR AGREEMENT WITH SKYPE
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1.1 Skype’s internet communication software applications (“Internet
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Communications Software”), other “Skype” branded software applications
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(together the “Skype Software”), the “Qik” branded software
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applications (“Qik Software”) and associated documentation (whether in
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printed or electronic form) including any improvements, modifications,
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enhancements, fixes, updates, upgrades and future versions thereto
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(“Updates”) and whether made available for free or for a fee,
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(collectively the “Software”) are licensed (not sold) to you by Skype
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Software Sàrl.
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1.2 The features and products that are made available through the
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Software for free (excluding products or features available for free on
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a trial basis only) (“Free Products”) are provided to you by Skype
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Software Sàrl.
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1.3 Any additional products or features of the Skype Software or Qik
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Software, or other “Skype” or “Qik” branded products, that you pay for
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(including products or features available for free on a trial basis
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only) (“Paid For Products”) are provided to you by Skype Communications
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Sàrl.
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1.4 “Skype Websites” means www.skype.com, www.qik.com (both of which
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are operated by Skype Communications Sàrl) and any other websites
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authorised by Skype which link to these Terms.
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1.5 “Skype’’ means Skype Software Sàrl, 23 – 29 Rives de Clausen,
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L-2165 Luxembourg or Skype Communications Sàrl, 23 – 29 Rives de
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Clausen, L-2165 Luxembourg as the context requires;
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“Products” means collectively the Free Products and Paid For Products;
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“you” or “your” means you, the registered holder of the User Account
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(as described in paragraph 6.1) and licensee under these Terms.
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1.6 Your agreement with Skype is made up of the terms and conditions
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set out in this document, together with any fair usage policies
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described in this document and Additional Terms referred to in
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paragraph 14 (collectively the “Terms”). To the extent of any
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inconsistency between the fair usage policies or any Additional Terms
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and this document, this document shall take precedence.
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2. ACCEPTANCE OF THE TERMS
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2.1 In order to download and/or use the Software, Products and/or Skype
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Websites you must first accept these Terms. These Terms are accepted by
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you (a) when you click to accept or agree to the Terms; or (b) when you
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download and/or use the Software, Products and/or Skype Websites. We
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advise you to print a copy of these Terms for your records. These Terms
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remain effective from the date of acceptance until terminated by you or
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Skype in accordance with paragraph 11.
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2.2 You cannot accept these Terms if: (a) you are not lawfully entitled
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to use the Software, Products and/or Skype Websites in the country in
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which you are located or reside or (b) if you are not of legal age to
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form a binding agreement with Skype.
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2.3 In some countries the Products may be provided to you by Skype’s
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local partner. If so, that local partner may ask you to accept its own
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terms of service (“local terms”). If there is any inconsistency between
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those local terms and these Terms, then the local terms shall govern to
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the extent of that inconsistency.
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3. CHANGES TO THE TERMS
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3.1 Skype may make changes to these Terms from time to time. Skype will
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publish the changes at www.skype.com/go/tou. Changes to the fair usage
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policies and/or Additional Terms will be posted on the applicable Skype
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Website. The changes will be effective when published. Please review
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the Terms on a regular basis. You understand and agree that your
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express acceptance of the Terms or your use of the Software, Products
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and/or Skype Websites after the date of publication shall constitute
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your agreement to the updated Terms. If you do not agree with the
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amended Terms, you may terminate your relationship with Skype in
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accordance with paragraph 11 below.
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4. LICENCE
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4.1 Licence. Subject to your compliance with these Terms, you are
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granted a limited, non-exclusive, non-sublicensable, non-assignable,
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free of charge license to download and install the Software on a
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personal computer, mobile phone or other device; and personally use the
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Software through your individual Skype or Qik user account (as
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applicable) (“User Account”). For the avoidance of doubt, (a) IT
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administrators working on behalf of a company may download and install
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the Skype Software onto personal computers or other devices used by
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personnel of such company; and (b) you are permitted to use the
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Software at a university or other educational institution, or at work.
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Skype reserves all rights not expressly granted to you under these
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Terms.
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4.2 Restrictions. You may not and you agree not to:
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(a) sub-license, sell, assign, rent, lease, export, import, distribute
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or transfer or otherwise grant rights to any third party in the
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Software;
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(b) undertake, cause, permit or authorise the modification, creation of
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derivative works or improvements, translation, reverse engineering,
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decompiling, disassembling, decryption, emulation, hacking, discovery
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or attempted discovery of the source code or protocols of the Software
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or any part or features thereof (except to the extent permitted by
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law);
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(c) remove, obscure or alter any copyright notices or other proprietary
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notices included in the Software;
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(d) use the Software or cause the Software (or any part of it) to be
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used within or to provide commercial products or services to third
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parties. The foregoing shall not preclude you using the Software for
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your own business communications, subject to paragraph 4.1 above;
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(e) other than for the purposes of download and installation, use the
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Software except through your User Account.
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4.3 Third-Party Technology. If you are using Software pre-loaded on,
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embedded in, combined, distributed or used with or downloaded onto
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third party products, hardware, software applications, programs or
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devices (“Third-Party Technology”), you agree and acknowledge that: (a)
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you may be required to enter into a separate licence agreement with the
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relevant third party owner or licensor for the use of such Third-Party
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Technology; (b) some Products and/or functionality may not be
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accessible through the Third-Party Technology and (c) Skype cannot
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guarantee that the Software shall always be available on or in
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connection with such Third-Party Technology.
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4.4 Third Party Notices. The Software may include third party code that
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Skype, not the third party, licenses to you under this agreement.
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Notices, if any, for the third party code are included for your
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information only. Third party scripts, linked to, called or referenced
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from the Software, are licensed to you by the third parties that own
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such code, not by Skype.
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5. USE OF THE SOFTWARE AND PRODUCTS AND SKYPE WEBSITES
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5.1 Equipment: In order to use the Software and the Products you will
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need an Internet broadband connection. You are responsible for
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providing all equipment required to access the Internet or enable
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communications such as headsets, microphones and webcams.
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5.2 Use of Your Equipment: The Internet Communications Software may use
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the processing capabilities, memory and bandwidth of the computer (or
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other applicable device) you are using, for the limited purpose of
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facilitating the communication and establishing the connection between
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Internet Communications Software users. If your use of the Internet
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Communications Software is dependent upon the use of a processor and
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bandwidth owned or controlled by a third party, you acknowledge and
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agree that your licence to use the Internet Communications Software is
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subject to you obtaining consent from the relevant third party for such
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use. You represent and warrant that by accepting these Terms, you have
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obtained such consent.
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5.3 Updates to the Software: Skype may automatically check your version
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of the Skype Software. You may be required to enter into an updated
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version of these Terms to be able to download or otherwise take
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advantage of any Updates. Skype has no obligation to make available any
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Updates. However, Skype may (a) require you to download and install
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Updates; or (b) download and install Updates from Skype automatically
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from time to time unless you have chosen (through your Skype client
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settings) not to receive automatic Updates. Microsoft Corporation or
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its affiliates and subsidiaries may also automatically download updates
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to the Skype Software for Windows, if you have chosen to receive
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Microsoft Updates. These updates are required to maintain software
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compatibility, provide security updates or bug fixes, or offer new
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features, functionality or versions. You agree to receive such updates
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from Skype in order to continue using the Skype Software and you agree
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to accept such Updates subject to these Terms.
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5.4 Suspension, technical improvement and maintenance: From time to
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time, Skype may need to perform maintenance on or upgrade the Software,
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Products or Skype Websites or the underlying infrastructure that
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enables you to use the Software, Products or Skype Websites. This may
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require Skype to temporarily suspend or limit your use of some or all
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of the Software, Products or Skype Websites until such time as this
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maintenance and/or upgrade can be completed. To the extent possible and
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unless an intervention is urgently required, Skype will publish the
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time and date of such suspension or limitation on the Skype Website in
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advance. You will not be entitled to claim damages for such suspension
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or limitation of the use of any Software, Product or Skype Website.
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5.5 No Access to Emergency Services: Neither the Products nor the
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Software are intended to support or carry emergency calls to any type
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of hospitals, law enforcement agencies, medical care unit or any other
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kind of services that connect a user to emergency services personnel or
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public safety answering points (“Emergency Services”). There are
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important differences between traditional telephone services and the
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Products. You acknowledge and agree that: (i) Skype is not required to
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offer access to Emergency Services under any applicable local and/or
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national rules, regulations or law; (ii) it is your responsibility to
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purchase, separately from the Products, traditional wireless (mobile)
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or fixed line telephone services that offer access to Emergency
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Services, and (iii) the Software and the Products are not a replacement
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for your primary telephone service. Find out more about calling 112,
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the dedicated emergency number for the EU at
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www.skype.com/go/emergency.
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5.6 Limited Emergency Calling (Internet Communications Software Only
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and Not Applicable to the Qik Software)
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5.6.1 In a very limited number of countries, and for defined Internet
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Communications Software versions and platforms only, Skype will try to
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provide limited emergency calling as a stand-alone feature but can
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provide no commitment in this respect. Click here for the listing of
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countries (“Enabled Countries”) and software versions and other
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platforms (“Enabled Versions”) that enable limited Skype emergency
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calling. Skype emergency calling is not available for any other
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countries, versions or platforms. You should keep traditional wireless
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(mobile) or fixed line telephone services available for your calls to
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Emergency Services and use Skype’s limited emergency calling only as an
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absolute last resort. In particular, please also note that:
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(i) power cut, battery failure or internet connection failure can lead
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to a Skype call failure, including your call to Emergency Services.
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Additionally, any of the quality limitations set out in paragraph 5.9
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below, may otherwise affect successful call connection.
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(ii) where available, an emergency call made using the Internet
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Communications Software in an enabled country may not receive the same
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network priority as a call made using traditional wireless (mobile) or
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fixed line telephone services.
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(iii) if your emergency call is connected, you will need to tell the
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Emergency Services operator that you speak to where you are physically
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located so that the correct emergency organisation can respond to your
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emergency and knows where to find you. If you do not provide this
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information when prompted, you acknowledge that your emergency call may
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not be completed and you will not be able to gain access to your
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required Emergency Services using the Internet Communications Software.
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Skype will have no liability for your failed emergency call in such
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circumstances.
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(iv) other than for the Enabled Countries and Enabled Versions, Skype
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does not provide limited emergency calling in any country or for or in
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conjunction with any Products or using any platforms, devices, services
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or operating systems (including any products, platforms, devices,
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services or operating systems developed by third parties using Skype’s
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APIs, any of Skype’s software development kits or otherwise).
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5.6.2 In Enabled Countries, you should configure the limited emergency
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calling functionality by setting your default location for emergency
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calling in the Call Settings page of your desktop Internet
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Communications Software (if you are using a 4.1 version for Windows (or
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later) or version 2.8 for Mac OS X (or later)). It is your
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responsibility to ensure that this location information is correct and
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kept up-to-date if your physical address changes. Skype does not
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support emergency calls in the majority of countries around the world.
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Where limited emergency calling is supported Skype will not charge you
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to make an emergency call and you do not need to have a Skype Credit
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balance. If however your country is not supported for limited emergency
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calling then you should not attempt to, and agree not to, make any
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emergency calls using your Internet Communications Software. If, with
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your permission, another user uses your User Account, it is your
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responsibility to inform that user of the limited circumstances in
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which limited emergency calling is available.
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5.7 Content of Communications: Skype is not the source of, does not
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verify or endorse and takes no responsibility for the content of
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communications made using the Software. By using the Software, you
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agree that any content that you submit may be transmitted to the
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recipient of your communication. The content of communications is
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entirely the responsibility of the person from whom such content
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originated. You therefore may be exposed to content that is offensive,
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unlawful, harmful to minors, obscene, indecent or otherwise
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objectionable. The content of communications may be protected by
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intellectual property rights, which are owned by third parties. You are
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responsible for the content you choose to communicate and access using
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the Software. In particular, you are responsible for ensuring that you
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do not submit material that is (i) copyrighted, protected by trade
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secret or otherwise subject to third party proprietary rights,
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including privacy and publicity rights, unless you are the owner of
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such rights or have permission from their rightful owner (ii) a
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falsehood or misrepresentation (iii) offensive, unlawful, harmful to
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minors, obscene, defamatory, libellous, threatening, pornographic,
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harassing, hateful, racially or ethnically offensive, or that
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encourages conduct that would be considered a criminal offense, gives
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rise to civil liability, violates any law, or is otherwise
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objectionable; (iv) an advertisement or solicitation of business; or
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(v) impersonating another person. Skype reserves the right (but shall
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have no obligation) to review content for the purpose of enforcing
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these Terms. Skype may in its sole discretion block, prevent delivery
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of or otherwise remove the content of communications as part of its
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effort to protect the Software, Products or its customers, or otherwise
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enforce these Terms. Further, Skype may in its sole discretion remove
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such content and/or terminate these Terms and your User Account if you
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use any content that is in breach of these Terms.
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5.8 Notice and Take-Down If Skype receives any notification that any
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material that you post, upload, edit, host, share and/or publish on the
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Skype Website or through the Software (excluding your private
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communications) (“User Submission”) is inappropriate, infringes any
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rights of any third party, or if Skype wishes to remove your User
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Submission for any reason whatsoever, Skype reserves the right to
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automatically remove such User Submission for any reason immediately or
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within such other timescales as may be decided from time to time by
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Skype in its sole discretion. The User Submission shall be taken down
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without any admission as to liability and without prejudice to any
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rights, remedies or defenses, all of which are expressly reserved. You
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acknowledge and agree that Skype is under no obligation to put back
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such User Submission at any time. If User Submissions infringe, or if
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you believe that User Submissions infringe any of your rights
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(including intellectual property rights) or are unlawful, please
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contact us immediately by following our notice and takedown procedure.
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Click here to view the Notice and Takedown Procedure. Skype reserves
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the right to ask for verification of your identity and to seek further
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information to verify your complaint. You agree that you are solely
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responsible for the consequences resulting from your complaint
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(including but not limited to removal or blocking of the User
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Submission) and you acknowledge and agree that any complaint may be
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used in court proceedings. Any false, misleading or inaccurate
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information provided by you may result in civil and criminal liability.
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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.
|
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|
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.
|
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|
|
|
|
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.
|
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|
6. YOUR OBLIGATIONS
|
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|
|
|
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
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AVC/H.264 codec may be used to facilitate video functionality in which
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case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS
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PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE
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PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN
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|
COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC
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VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
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|
NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
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LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
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IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
|
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|
MPEG LA, L.L.C. SEE www.mpegla.com.
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19. PRODUCT SPECIFIC TERMS
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19.1 Skype Numbers (previously known as “Online Numbers”) and Skype To
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Go numbers
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(a) Availability and use. Where we provide you with a Skype Number or
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Skype To Go number, you agree that:
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(i) you do not own the number or have a right to retain that number
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forever;
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(ii) the number provided to you is subject to applicable numbering
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rules and regulatory practices;
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(iii) you will comply on an ongoing basis with any specific number
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allocation requirements that we make you aware of, or any reasonable
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instructions that Skype or Skype’s partners may give to you with regard
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to the use of the numbers and the Products;
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(iv) you will not transfer or attempt to transfer your number to any
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third party. In particular, you are responsible for compliance with any
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requirements related to residency and or location; and
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(v) you will supply accurate, complete and up-to-date information to us
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where we request it and inform us where such information changes. Skype
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reserves the right to change the terms related to Skype Numbers and/or
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Skype To Go numbers, including without limitation to impose or amend
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any residency requirements and/or require the provision of further user
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information for continued access to such numbers. In certain countries,
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a number may be made available to you by a Skype partner rather than
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Skype, and you may need to enter into a separate agreement with such
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partner.
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(b) Other changes to numbers. If Skype needs to withdraw or change the
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number that has been made available to you, Skype will use commercially
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reasonable endeavours to notify you by e-mail, stating the effective
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date of the change and where possible, your new number. If you do not
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wish to accept this new number, you are entitled to terminate your
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number.
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19.2 User Account on Skype Manager
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(a) You are not permitted to belong to more than one Skype Manager at
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the same time.
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(b) Any Skype Number purchased before 21 July 2009 and allocated to you
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by a Skype Manager administrator shall be taken back by the
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administrator of the Skype Manager, if you leave the Skype Manager
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account for any reason. The right to use the number and the
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cancellation of such right rest with the Skype Manager administrator at
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his/her sole discretion and not you.
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(c) Personal and traffic data – Members. As a member of a Skype Manager
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account you acknowledge and agree that the administrator of the Skype
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Manager may, if you agree, view detailed information about the activity
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on your User Account including the time, date, duration and destination
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number of calls and SMS made and details of your purchases and
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downloads. You can withdraw your agreement at any time by changing the
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settings on your User Account. If you provide personal data including
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your name and job title to be included on the Skype Manager directory,
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you acknowledge that other members of that Skype Manager may view such
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data.
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19.3 Subscriptions
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(a) Fair Usage Policy. At Skype, we want all of our customers to get
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the best calling plans, known as ‘subscriptions’, at the lowest
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possible price. This Fair Usage Policy ("FUP") is designed to prevent
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|
fraud and abuse of our subscriptions by a small number of users.
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Subject to this FUP, Skype’s unlimited subscriptions allow unlimited
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calls to landlines in the applicable subscription countries (excluding
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special, premium, service and non-geographic numbers). Unlimited calls
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|
to mobiles may also be included where stated at the time of purchase.
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|
All calls will be disconnected and require a re-dial after a 2-hour
|
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|
duration.
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|
Skype’s subscriptions are for individual use only (personal or business
|
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|
communications) in accordance with our Terms of Use and this FUP
|
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|
(“Legitimate Use”). The following is a non-exhaustive list of practices
|
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|
that would not be considered Legitimate Use:
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|
(i) Using subscriptions for telemarketing or call centre operations;
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|
(ii) Re-selling subscription minutes;
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|
(iii) Sharing subscriptions between users whether via a PBX, call
|
|
|
centre, computer or any other means;
|
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|
|
(iv) Calling numbers (whether singly, sequentially or automatically) to
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|
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
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|
(v) Unusual calling patterns inconsistent with normal, individual
|
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|
subscription use, for example, regular calls of short duration or calls
|
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|
to multiple numbers in a short period of time.
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|
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
|
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|
its option, terminate its relationship with you, or may suspend your
|
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|
subscription immediately if it determines you are using your
|
|
|
subscription contrary to this FUP or Skype’s Terms of Use. Where
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reasonable, Skype will provide you with notice of improper usage before
|
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|
suspension or termination of your subscription and, if appropriate,
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|
Skype may offer you an alternative subscription.
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|
(b) Skype reserves the right to withdraw or change the subscriptions at
|
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|
any time. If Skype changes the Products included in your subscription,
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|
Skype will notify you by email stating the changes and their effective
|
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|
date. If you do not wish to accept these changes, you are entitled to
|
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|
terminate your subscription, with effect from the date on which the
|
|
|
changes are due to take effect.
|
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|
|
(c) The “Unlimited World Extra” subscription has a minimum fixed term
|
|
|
of 2 years from the date of purchase. You are not permitted to
|
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|
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.
|
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|
19.4 Skype WiFi
|
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|
|
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.
|
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|
19.5 SMS
|
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|
|
Each SMS message has a limit of 160 characters. If you type a longer
|
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|
message it will be broken down into several SMS messages and you will
|
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|
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.
|
|
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|
|
|
19.6 Group Video Calling
|
|
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|
|
|
(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
|
