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| failure to do so could result in the number being withdrawn.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