commit: b55d44770ad5f3777af736cbd459ae4a7b255ae5 Author: Wolfram Schlich <wschlich <AT> gentoo <DOT> org> AuthorDate: Fri Sep 9 13:01:50 2016 +0000 Commit: Wolfram Schlich <wschlich <AT> gentoo <DOT> org> CommitDate: Fri Sep 9 13:02:59 2016 +0000 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=b55d4477
add new Skype TOS licenses/Skype-TOS | 1455 ++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 1455 insertions(+) diff --git a/licenses/Skype-TOS b/licenses/Skype-TOS new file mode 100644 index 00000000..619c859 --- /dev/null +++ b/licenses/Skype-TOS @@ -0,0 +1,1455 @@ +Retrieved from https://www.skype.com/en/legal/ios/tos/ (2016-09-09) + +Table of contents: + + 1. Your agreement with Skype + 2. Acceptance of the Terms + 3. Changes to the Terms + 4. Licence + 5. Use of the software and products and Skype websites + 6. Your obligations + 7. Proprietary rights + 8. Charges + 9. Payment + 10. Refund Policy + 11. Ending Your relationship with Skype + 12. Exclusion of warranties, limitation of liability and indemnity + 13. Third party websites products and services + 14. Additional Terms + 15. Your confidential information and your privacy + 16. For Government users only + 17. How to contact Skype + 18. Miscellaneous + 19. Product specific terms + 20. Pay by mobile + +PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) +OR SKYPE WEBSITES + +Key Points + + It is important that you read the entirety of and understand this + document. There are, however, a few key points that we need to + emphasise: + + NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for + your ordinary mobile or fixed line telephone. In particular, apart from + in the very limited circumstances set out in paragraph 5.6 of these + Terms (applicable to Skype’s Internet Communications Software only), + the Software does not allow you to make emergency calls to emergency + services. You must make alternative communications arrangements to + ensure that you can make emergency calls if needed. + + CHECK RESTRICTIONS ON USE: In some countries there are restrictions on + the use of the Software. It is your responsibility to ensure that you + are legally allowed to use the Software where you are located. + + NO OWNERSHIP OF NUMBERS: If Skype allocates to you a Skype Number + (previously known as “Online Number”) or Skype To Go Number, you do not + own the number or have a right to retain that number forever. Skype may + need to change or withdraw the number allocated to you from time to + time. You will not transfer or attempt to transfer your Skype Number or + Skype To Go Number to anyone else. You must ensure you comply with any + allocation requirements displayed when purchasing a Skype Number as + failure to do so could result in the number being withdrawn. Please see + also paragraph 19.1. + + SKYPE CREDIT BECOMES INACTIVE AFTER 180 DAYS: If you purchase Skype + Credit please be aware that it becomes inactive after 180 days of + inactivity. Please see also paragraph 9.2. + + ARBITRATION CLAUSE AND CLASS ACTION WAIVER: If you live in the USA and + select Pay by Mobile (see paragraph 20), a binding arbitration clause + and class action waiver affects your rights to resolve a dispute with + Skype, its corporate affiliates, or other third parties including + mobile phone carriers. Please read paragraph 20.3 carefully. + +1. YOUR AGREEMENT WITH SKYPE + + 1.1 Skype’s internet communication software applications (“Internet + Communications Software”), other “Skype” branded software applications + (together the “Skype Software”), the “Qik” branded software + applications (“Qik Software”) and associated documentation (whether in + printed or electronic form) including any improvements, modifications, + enhancements, fixes, updates, upgrades and future versions thereto + (“Updates”) and whether made available for free or for a fee, + (collectively the “Software”) are licensed (not sold) to you by Skype + Software Sàrl. + + 1.2 The features and products that are made available through the + Software for free (excluding products or features available for free on + a trial basis only) (“Free Products”) are provided to you by Skype + Software Sàrl. + + 1.3 Any additional products or features of the Skype Software or Qik + Software, or other “Skype” or “Qik” branded products, that you pay for + (including products or features available for free on a trial basis + only) (“Paid For Products”) are provided to you by Skype Communications + Sàrl. + + 1.4 “Skype Websites” means www.skype.com, www.qik.com (both of which + are operated by Skype Communications Sàrl) and any other websites + authorised by Skype which link to these Terms. + + 1.5 “Skype’’ means Skype Software Sàrl, 23 – 29 Rives de Clausen, + L-2165 Luxembourg or Skype Communications Sàrl, 23 – 29 Rives de + Clausen, L-2165 Luxembourg as the context requires; + “Products” means collectively the Free Products and Paid For Products; + “you” or “your” means you, the registered holder of the User Account + (as described in paragraph 6.1) and licensee under these Terms. + + 1.6 Your agreement with Skype is made up of the terms and conditions + set out in this document, together with any fair usage policies + described in this document and Additional Terms referred to in + paragraph 14 (collectively the “Terms”). To the extent of any + inconsistency between the fair usage policies or any Additional Terms + and this document, this document shall take precedence. + +2. ACCEPTANCE OF THE TERMS + + 2.1 In order to download and/or use the Software, Products and/or Skype + Websites you must first accept these Terms. These Terms are accepted by + you (a) when you click to accept or agree to the Terms; or (b) when you + download and/or use the Software, Products and/or Skype Websites. We + advise you to print a copy of these Terms for your records. These Terms + remain effective from the date of acceptance until terminated by you or + Skype in accordance with paragraph 11. + + 2.2 You cannot accept these Terms if: (a) you are not lawfully entitled + to use the Software, Products and/or Skype Websites in the country in + which you are located or reside or (b) if you are not of legal age to + form a binding agreement with Skype. + + 2.3 In some countries the Products may be provided to you by Skype’s + local partner. If so, that local partner may ask you to accept its own + terms of service (“local terms”). If there is any inconsistency between + those local terms and these Terms, then the local terms shall govern to + the extent of that inconsistency. + + +3. CHANGES TO THE TERMS + + 3.1 Skype may make changes to these Terms from time to time. Skype will + publish the changes at www.skype.com/go/tou. Changes to the fair usage + policies and/or Additional Terms will be posted on the applicable Skype + Website. The changes will be effective when published. Please review + the Terms on a regular basis. You understand and agree that your + express acceptance of the Terms or your use of the Software, Products + and/or Skype Websites after the date of publication shall constitute + your agreement to the updated Terms. If you do not agree with the + amended Terms, you may terminate your relationship with Skype in + accordance with paragraph 11 below. + +4. LICENCE + + 4.1 Licence. Subject to your compliance with these Terms, you are + granted a limited, non-exclusive, non-sublicensable, non-assignable, + free of charge license to download and install the Software on a + personal computer, mobile phone or other device; and personally use the + Software through your individual Skype or Qik user account (as + applicable) (“User Account”). For the avoidance of doubt, (a) IT + administrators working on behalf of a company may download and install + the Skype Software onto personal computers or other devices used by + personnel of such company; and (b) you are permitted to use the + Software at a university or other educational institution, or at work. + Skype reserves all rights not expressly granted to you under these + Terms. + + 4.2 Restrictions. You may not and you agree not to: + + (a) sub-license, sell, assign, rent, lease, export, import, distribute + or transfer or otherwise grant rights to any third party in the + Software; + + (b) undertake, cause, permit or authorise the modification, creation of + derivative works or improvements, translation, reverse engineering, + decompiling, disassembling, decryption, emulation, hacking, discovery + or attempted discovery of the source code or protocols of the Software + or any part or features thereof (except to the extent permitted by + law); + + (c) remove, obscure or alter any copyright notices or other proprietary + notices included in the Software; + + (d) use the Software or cause the Software (or any part of it) to be + used within or to provide commercial products or services to third + parties. The foregoing shall not preclude you using the Software for + your own business communications, subject to paragraph 4.1 above; + + (e) other than for the purposes of download and installation, use the + Software except through your User Account. + + 4.3 Third-Party Technology. If you are using Software pre-loaded on, + embedded in, combined, distributed or used with or downloaded onto + third party products, hardware, software applications, programs or + devices (“Third-Party Technology”), you agree and acknowledge that: (a) + you may be required to enter into a separate licence agreement with the + relevant third party owner or licensor for the use of such Third-Party + Technology; (b) some Products and/or functionality may not be + accessible through the Third-Party Technology and (c) Skype cannot + guarantee that the Software shall always be available on or in + connection with such Third-Party Technology. + + 4.4 Third Party Notices. The Software may include third party code that + Skype, not the third party, licenses to you under this agreement. + Notices, if any, for the third party code are included for your + information only. Third party scripts, linked to, called or referenced + from the Software, are licensed to you by the third parties that own + such code, not by Skype. + +5. USE OF THE SOFTWARE AND PRODUCTS AND SKYPE WEBSITES + + 5.1 Equipment: In order to use the Software and the Products you will + need an Internet broadband connection. You are responsible for + providing all equipment required to access the Internet or enable + communications such as headsets, microphones and webcams. + + 5.2 Use of Your Equipment: The Internet Communications Software may use + the processing capabilities, memory and bandwidth of the computer (or + other applicable device) you are using, for the limited purpose of + facilitating the communication and establishing the connection between + Internet Communications Software users. If your use of the Internet + Communications Software is dependent upon the use of a processor and + bandwidth owned or controlled by a third party, you acknowledge and + agree that your licence to use the Internet Communications Software is + subject to you obtaining consent from the relevant third party for such + use. You represent and warrant that by accepting these Terms, you have + obtained such consent. + + 5.3 Updates to the Software: Skype may automatically check your version + of the Skype Software. You may be required to enter into an updated + version of these Terms to be able to download or otherwise take + advantage of any Updates. Skype has no obligation to make available any + Updates. However, Skype may (a) require you to download and install + Updates; or (b) download and install Updates from Skype automatically + from time to time unless you have chosen (through your Skype client + settings) not to receive automatic Updates. Microsoft Corporation or + its affiliates and subsidiaries may also automatically download updates + to the Skype Software for Windows, if you have chosen to receive + Microsoft Updates. These updates are required to maintain software + compatibility, provide security updates or bug fixes, or offer new + features, functionality or versions. You agree to receive such updates + from Skype in order to continue using the Skype Software and you agree + to accept such Updates subject to these Terms. + + 5.4 Suspension, technical improvement and maintenance: From time to + time, Skype may need to perform maintenance on or upgrade the Software, + Products or Skype Websites or the underlying infrastructure that + enables you to use the Software, Products or Skype Websites. This may + require Skype to temporarily suspend or limit your use of some or all + of the Software, Products or Skype Websites until such time as this + maintenance and/or upgrade can be completed. To the extent possible and + unless an intervention is urgently required, Skype will publish the + time and date of such suspension or limitation on the Skype Website in + advance. You will not be entitled to claim damages for such suspension + or limitation of the use of any Software, Product or Skype Website. + + 5.5 No Access to Emergency Services: Neither the Products nor the + Software are intended to support or carry emergency calls to any type + of hospitals, law enforcement agencies, medical care unit or any other + kind of services that connect a user to emergency services personnel or + public safety answering points (“Emergency Services”). There are + important differences between traditional telephone services and the + Products. You acknowledge and agree that: (i) Skype is not required to + offer access to Emergency Services under any applicable local and/or + national rules, regulations or law; (ii) it is your responsibility to + purchase, separately from the Products, traditional wireless (mobile) + or fixed line telephone services that offer access to Emergency + Services, and (iii) the Software and the Products are not a replacement + for your primary telephone service. Find out more about calling 112, + the dedicated emergency number for the EU at + www.skype.com/go/emergency. + + 5.6 Limited Emergency Calling (Internet Communications Software Only + and Not Applicable to the Qik Software) + + 5.6.1 In a very limited number of countries, and for defined Internet + Communications Software versions and platforms only, Skype will try to + provide limited emergency calling as a stand-alone feature but can + provide no commitment in this respect. Click here for the listing of + countries (“Enabled Countries”) and software versions and other + platforms (“Enabled Versions”) that enable limited Skype emergency + calling. Skype emergency calling is not available for any other + countries, versions or platforms. You should keep traditional wireless + (mobile) or fixed line telephone services available for your calls to + Emergency Services and use Skype’s limited emergency calling only as an + absolute last resort. In particular, please also note that: + + (i) power cut, battery failure or internet connection failure can lead + to a Skype call failure, including your call to Emergency Services. + Additionally, any of the quality limitations set out in paragraph 5.9 + below, may otherwise affect successful call connection. + + (ii) where available, an emergency call made using the Internet + Communications Software in an enabled country may not receive the same + network priority as a call made using traditional wireless (mobile) or + fixed line telephone services. + + (iii) if your emergency call is connected, you will need to tell the + Emergency Services operator that you speak to where you are physically + located so that the correct emergency organisation can respond to your + emergency and knows where to find you. If you do not provide this + information when prompted, you acknowledge that your emergency call may + not be completed and you will not be able to gain access to your + required Emergency Services using the Internet Communications Software. + Skype will have no liability for your failed emergency call in such + circumstances. + + (iv) other than for the Enabled Countries and Enabled Versions, Skype + does not provide limited emergency calling in any country or for or in + conjunction with any Products or using any platforms, devices, services + or operating systems (including any products, platforms, devices, + services or operating systems developed by third parties using Skype’s + APIs, any of Skype’s software development kits or otherwise). + + 5.6.2 In Enabled Countries, you should configure the limited emergency + calling functionality by setting your default location for emergency + calling in the Call Settings page of your desktop Internet + Communications Software (if you are using a 4.1 version for Windows (or + later) or version 2.8 for Mac OS X (or later)). It is your + responsibility to ensure that this location information is correct and + kept up-to-date if your physical address changes. Skype does not + support emergency calls in the majority of countries around the world. + Where limited emergency calling is supported Skype will not charge you + to make an emergency call and you do not need to have a Skype Credit + balance. If however your country is not supported for limited emergency + calling then you should not attempt to, and agree not to, make any + emergency calls using your Internet Communications Software. If, with + your permission, another user uses your User Account, it is your + responsibility to inform that user of the limited circumstances in + which limited emergency calling is available. + + 5.7 Content of Communications: Skype is not the source of, does not + verify or endorse and takes no responsibility for the content of + communications made using the Software. By using the Software, you + agree that any content that you submit may be transmitted to the + recipient of your communication. The content of communications is + entirely the responsibility of the person from whom such content + originated. You therefore may be exposed to content that is offensive, + unlawful, harmful to minors, obscene, indecent or otherwise + objectionable. The content of communications may be protected by + intellectual property rights, which are owned by third parties. You are + responsible for the content you choose to communicate and access using + the Software. In particular, you are responsible for ensuring that you + do not submit material that is (i) copyrighted, protected by trade + secret or otherwise subject to third party proprietary rights, + including privacy and publicity rights, unless you are the owner of + such rights or have permission from their rightful owner (ii) a + falsehood or misrepresentation (iii) offensive, unlawful, harmful to + minors, obscene, defamatory, libellous, threatening, pornographic, + harassing, hateful, racially or ethnically offensive, or that + encourages conduct that would be considered a criminal offense, gives + rise to civil liability, violates any law, or is otherwise + objectionable; (iv) an advertisement or solicitation of business; or + (v) impersonating another person. Skype reserves the right (but shall + have no obligation) to review content for the purpose of enforcing + these Terms. Skype may in its sole discretion block, prevent delivery + of or otherwise remove the content of communications as part of its + effort to protect the Software, Products or its customers, or otherwise + enforce these Terms. Further, Skype may in its sole discretion remove + such content and/or terminate these Terms and your User Account if you + use any content that is in breach of these Terms. + + 5.8 Notice and Take-Down If Skype receives any notification that any + material that you post, upload, edit, host, share and/or publish on the + Skype Website or through the Software (excluding your private + communications) (“User Submission”) is inappropriate, infringes any + rights of any third party, or if Skype wishes to remove your User + Submission for any reason whatsoever, Skype reserves the right to + automatically remove such User Submission for any reason immediately or + within such other timescales as may be decided from time to time by + Skype in its sole discretion. The User Submission shall be taken down + without any admission as to liability and without prejudice to any + rights, remedies or defenses, all of which are expressly reserved. You + acknowledge and agree that Skype is under no obligation to put back + such User Submission at any time. If User Submissions infringe, or if + you believe that User Submissions infringe any of your rights + (including intellectual property rights) or are unlawful, please + contact us immediately by following our notice and takedown procedure. + Click here to view the Notice and Takedown Procedure. Skype reserves + the right to ask for verification of your identity and to seek further + information to verify your complaint. You agree that you are solely + responsible for the consequences resulting from your complaint + (including but not limited to removal or blocking of the User + Submission) and you acknowledge and agree that any complaint may be + used in court proceedings. Any false, misleading or inaccurate + information provided by you may result in civil and criminal liability. + + 5.9 Quality: Skype cannot guarantee that the Software, Products or + Skype Websites will always function without disruptions, delay or + errors. A number of factors may impact the quality of your + communications and use of the Software, Products (depending on the + Products used) or Skype Websites, and may result in the failure of your + communications including but not limited to: your local network, + firewall, your internet service provider, the public internet, the + public switched telephone network and your power supply. Skype takes no + responsibility for any disruption, interruption or delay caused by any + failure of or inadequacy in any of these items or any other items over + which we have no control. + + 5.10 Changes to Products: Skype is constantly improving the Software + and Products and may also need to change technical features from time + to time in order to comply with applicable regulations. Accordingly, + you acknowledge and agree that the Products and functionality of the + Software may vary from time to time. Technical requirements for use of + Products and Software and feature descriptions are available on the + Skype Website. If you do not agree with any changes to Software and + Products you may terminate your relationship with Skype in accordance + with paragraph 11. You may need to upgrade to a new version in order to + enjoy the benefit of certain Products. In addition, you acknowledge and + agree that certain Products may be subject to usage limits or + geographical restrictions, which may vary from time to time. Please + check the Skype Website for details of the most up-to-date usage + restrictions that apply to the Products that you are using. + + 5.11 Unsolicited Ideas Skype does not consider or accept unsolicited + proposals or ideas, including without limitation ideas for new + products, technologies, promotions, product names, product feedback and + product improvements (“Unsolicited Feedback”). If you send any + Unsolicited Feedback to Skype through the Skype Website or otherwise, + you acknowledge and agree that Skype shall not be under any obligation + of confidentiality with respect to the Unsolicited Feedback. + + 5.12 Reports Certain parts of the Skype Websites or the Software may + ask for written suggestions or problem reports such as using our + contact form or problem report form (“Reports”). Please read carefully + any specific terms, which govern those Reports. The Reports shall be + deemed the property of Skype. Skype shall exclusively own all now known + or hereafter existing rights to the Reports throughout the universe in + perpetuity and shall be entitled to use the Reports for any purpose + whatsoever, commercial or otherwise, without compensation to the + provider of the Reports. Any Reports you send to Skype will not be + treated as confidential and Skype shall not be liable for any + disclosure of the Reports. + + 5.13 Linking You may link to the Skype Website from another website + owned by you, provided you do so in a way that is fair and legal and + does not damage our reputation or take advantage of it. You must not + establish a link in such a way as to suggest any form of association, + approval or endorsement by Skype where none exists. You may not frame + the Site on any other site. Skype provides a Qik branded embeddable + flash player feature which you may incorporate into your own personal, + non-commercial website for use in accessing the materials on the Qik + branded Skype Website. Skype may revoke the permission to link to the + Skype Websites at any time at its sole discretion and will notify you + in this respect. + +6. YOUR OBLIGATIONS + + 6.1 User Account. Prior to your first use of the Skype Software and + your first use of the Qik Software, you will be asked to create a User + Account and choose a user ID and password. We recommend that you choose + a password that is hard to guess and consists of letters, numbers and + symbols. You may only use the Software through your User Account. You + are solely responsible and liable for all activities conducted through + your User Account. To prevent unauthorised use, you shall keep your + password confidential and shall not share it with any third party or + use it to access third party websites or services. If you suspect that + someone else knows your password, then you shall immediately change it + in order to protect the security of your User Account. It is your + responsibility to ensure that you do not respond to any unsolicited + requests for credit card details, passwords or other data. Skype takes + no responsibility for your failure to comply with the obligations in + this paragraph 6.1. + + 6.2 Lawful Use: You must use the Software, Products and Skype Websites + in accordance with the laws of where you are located. In some countries + there are restrictions on the download and use of the Software, + Products and/or Skype Websites. It is your responsibility to ensure + that you are legally allowed to use the Software, Products and/or Skype + Websites where you are located. + + 6.3 Prohibited Use: You may not: + + (a) intercept or monitor, damage or modify any communication which is + not intended for you; + + (b) use any type of spider, virus, worm, trojan-horse, time bomb or any + other codes or instructions that are designed to distort, delete, + damage, emulate or disassemble the Software, Products, Skype Websites, + communication or protocols; + + (c) send unsolicited communications (also referred to as “SPAM”, “SPIM” + or “SPIT”) or any communication not permitted by applicable law or use + the Software, Products or Skype Websites for the purposes of phishing + or pharming or impersonating or misrepresenting affiliation with + another person or entity; + + (d) expose any third party to material which is offensive, harmful to + minors, indecent or otherwise objectionable in any way; + + (e) use the Software, Products or Skype Websites to cause or intend to + cause embarrassment or distress to, or to threaten, harass or invade + the privacy of, any third party; or + + (f) use (including as part of your User ID and/or profile picture) any + material or content that is subject to any third party proprietary + rights, unless you have a licence or permission from the owner of such + rights; or + + (g) collect or harvest any personally identifiable information, + including account names, from the Software, Products or Skype Websites; + + (h) impact or attempt to impact the availability of the Software, + Products or Skype Websites for example, with a denial of service (DOS) + or distributed denial of service (DDoS) attack; + + (i) use or launch any automated system, including without limitation, + robots, spiders or offline readers that access the Software, Products + or Skype Websites. Notwithstanding the foregoing, you agree that Skype + grants to the operators of public search engines permission to use + spiders to copy materials from the Skype Website for the sole purpose + of creating publicly available searchable indices of the materials, but + not caches or archives of such materials. Skype reserves the right to + revoke these exceptions at any time. + + 6.4 User Submissions Please exercise respect when participating in any + features of the Skype Websites or Software such as Forums, Blogs, email + functions, video hosting, sharing and/or publishing or any other + function on the Skype Websites or of the Skype Software which allows + you to post, upload, edit, host, share and/or publish content. You + acknowledge and agree that: (i) by using the Skype Websites and/or + Software you may be exposed to content that you may find offensive or + indecent and you do so at your own risk; (ii) you are solely + responsible for, and Skype has no responsibility to you or any third + party for any User Submissions that you create, submit, post or publish + on the Skype Websites or through the Software; (iii) Skype does not + guarantee any confidentiality with respect to User Submissions, whether + or not they are published (iv) Skype is not responsible for any User + Submissions that you may have access to through your use of the Skype + Websites or Software and all User Submissions are the responsibility of + the person from whom such User Submissions originated. Skype does not + endorse any User Submissions or any opinion, recommendation, or advice + expressed therein, and expressly disclaims any and all liability in + connection with User Submissions. + + In connection with your User Submissions, you represent and warrant + that you + + (i) own or have the necessary licenses, rights, consents, and + permissions to use and authorise Skype to use all copyrights, trade + marks, trade secrets, patents and other intellectual property or + proprietary rights in and to any and all User Submissions in accordance + with these Terms; and + + (ii) you have the written consent, release and /or permission of each + and every identifiable individual person in the User Submission to use + the name and/or likeness of each and every such individual in the User + Submission, to enable inclusion and use thereof in the manner + contemplated by these Terms. You shall not copy, post or use text, + photos, pictures, music, sounds, images or any other content from any + third party or source (“Third Party Content”) without specific + permission from the owner. Such Third Party Content may be protected by + intellectual property laws and the owners of the intellectual property + rights in such content may object to its use. You must not use any + Third Party Content without first obtaining the permission of the owner + of the intellectual property rights in such content. + + Notwithstanding any rights or obligations governed by the Additional + Terms (as defined below) if, at any time you choose to upload or post + User Submissions to the Skype Websites or through the Software + (excluding Reports and excluding the content of your communications) + you automatically grant Skype a non-exclusive, worldwide, irrevocable, + royalty-free, perpetual, sub-licensable and transferable license of all + rights to use, edit, modify, include, incorporate, adapt, record, + publicly perform, display, transmit and reproduce the User Submissions + including, without limitation, all trade marks associated therewith, in + connection with the Skype Websites and Skype’s Software and Products + including for the purpose of promoting or redistributing part or all of + the Skype Websites and/or the Software or Products, in any and all + media now known or hereafter devised. You also hereby grant each user + of the Skype Website and/or Skype’s Software or Products a + non-exclusive license to access your User Submission through the Skype + Website and/or Software or Products and to use, copy, distribute, + prepare derivative works of, display, perform and transmit such User + Submissions solely as permitted through the functionality of the Skype + Websites and/or Software or Products and pursuant to these Terms of + Use. In addition, you waive any so-called “moral rights” in and to the + User Submissions, to the extent permitted by applicable law. + + You may not submit or publish through the Skype Website or Software any + User Submissions that are libelous, defamatory, pornographic, + harassing, hateful, an invasion of privacy, obscene, abusive, illegal, + racist, offensive, harmful to a minor or an infringement of any + intellectual property rights or a trade secret of a third party, or + would otherwise violate the rights of any third party or give rise to + civil or criminal liability. Furthermore, you may not submit or publish + User Submissions that contain falsehoods or misrepresentations, solicit + funds or services, contain advertising, promotional materials, junk + mail, spam, chain letters or any form of solicitation, impersonate + others or include programs that contain viruses or any other programs + designed to impair the functionality of any computer. You agree not to + solicit, for commercial purposes, any users of the Skype Website or + Software with respect to their User Submissions. You agree not to + circumvent, disable or otherwise interfere with the security related + features of the Skype Website or Software or features that prevent or + restrict the use of any content thereof. + + 6.5 Your Information: From time to time, Skype may request information + from you for the purpose of supplying the Software or Products to you. + You shall ensure that any such information is complete, up-to-date and + accurate. + + 6.6 No Reselling. The Software and Products are for your individual + use. You shall not resell or commercialise the Software and/or Products + to any third party. + + 6.7 Export Restrictions: The Software may be subject to international + rules that govern the export of software. You shall comply with all + applicable international and national laws that apply to the Software + as well as end-user, end-use, destination restrictions issued by + national governments or similar bodies, and restrictions on embargoed + nations. In the US the Internet Communications Software is controlled + under ECCN 5D992 of the Export Administration Regulations (“EAR”) under + Encryption Registration Number (“ERN”) R100351 and thus may not be + exported or re exported from the US to or downloaded by any person in + any countries controlled for anti terrorism reasons under the EAR, + which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the + Internet Communications Software may not be exported or re exported + from the US to or downloaded by any person or entity subject to US + sanctions regardless of location. See + www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part + 736. Skype is making the Software available to you for download only on + the condition that you certify that you are not such a person or entity + and that the download is not otherwise in violation of US export + control and sanctions regulations. + +7. PROPRIETARY RIGHTS + + 7.1 The Software, Products and Skype Websites contain proprietary and + confidential information that is protected by intellectual property + laws and treaties. + + 7.2 The content and compilation of content included on the Skype + Websites, (excluding User Submissions) such as sounds, text, graphics, + logos, icons, images, audio clips, digital downloads and software, are + the property of Skype, its affiliates or licensors and are protected by + United States and international copyright laws. Such copyright + protected content cannot be reproduced without Skype’s express + permission. You may download and make personal, non-commercial use of + User Submissions on www.qik.com that are displayed with a “download” or + similar link. Skype reserves all rights not expressly granted in the + Skype Websites. + + 7.3 Skype and/or its licensors retain exclusive ownership of the + Software, Products and Skype Websites and all intellectual property + therein (whether or not registered and anywhere in the world). You will + not take any action to jeopardise, limit or interfere with Skype’s + intellectual property rights in the Software, Products and/or Skype + Websites. + + 7.4 “Skype”, associated trademarks and logos and the “S” logo are + trademarks of Skype. Skype has registered and filed applications to + register its trademarks in many countries worldwide. Skype’s trademarks + and trade dress may not be used in connection with any product or + service that is not Skype’s, in any manner that is likely to cause + confusion among customers, or in any manner that disparages or + discredits Skype. All other trademarks not owned by Skype or any of its + related companies that appear on this site are the property of their + respective owners. You are not permitted to and shall not register or + use any trade name, trademark, logo, domain name or any other name or + sign that incorporates any of Skype’s intellectual property (in whole + or part) or that is confusingly similar thereto. Please also see + Skype’s Trademark Guidelines for further details on use of its marks. + +8. CHARGES + + 8.1 Calling phones and premium rate numbers with Skype Credit: + + (i) Calling landlines and mobiles: The charges payable for calling + phones (outside of a subscription) consist of a connection fee (charged + once, per call) and a per-minute rate as set out on + www.skype.com/go/allrates. All calls will be disconnected and require a + re-dial after a 4-hour duration and an additional connection fee will + be charged on re-dial. + + (ii) Premium rate numbers: The charges payable for calling premium rate + numbers consist of a per-minute rate available at + www.skype.com/go/rates-premium. No connection fee is payable. + + (iii) Skype may change the rates for calling phones and premium rate + numbers at any time without notice to you by posting such change at + www.skype.com/go/allrates. The new rate will apply to your next + purchase after the new rates have been published. Please check the + latest rates before you make your call. If you do not accept the new + rates, do not make your call. + + (iv) The duration of a call shall be based on one-minute increments. + Fractions of minutes will be rounded up to the next minute. The + connection fee, where applicable, will be charged at the beginning of + the call. At the end of a call, fractional cent charges will be rounded + up to the nearest whole cent, for example a total call price of €0.034 + will be rounded up to €0.04. During the call, charges incurred will be + deducted automatically from the Skype Credit balance in your User + Account. + + 8.2 Charges for other Paid For Products: The charges for other Paid For + Products will be confirmed to you before you complete a purchase from + Skype. Skype may change the charges payable for the purchase of such + Products at any time without any notice to you. You can choose whether + or not to accept the new charges prior to completing your next purchase + of the applicable Product. The new charges will apply to your next + purchase after the new charges have been published. + + 8.3 Promotional Offers: From time to time, Skype may offer Paid-For + Products for free for a trial period. Skype reserves the right to + charge you for such Products (at the normal rate) in the event that + Skype determines (in its reasonable discretion) that you are abusing + the terms of the offer, including if you are using any service, proxy + or other devices or anonymous IP address that prevents us from locating + you. + + 8.4 Tax: Skype may collect VAT or other indirect taxes at the + appropriate rate (as per applicable tax rules) at the time of purchase + of Skype Credit. 15% Luxembourg VAT generally applies if you are + located in the EU and the Products are purchased and used in the EU. 8% + Swiss VAT applies if you are located in Switzerland. Other local taxes + may apply in certain countries. When you purchase a voucher or pre-paid + card, depending on the country, 15% Luxembourg VAT, local VAT or other + taxes may apply and may be deducted from the value of the voucher or + prepaid card upon redemption. You explicitly waive any right to VAT + reimbursement from Skype if the amount of VAT ultimately payable by the + latter to the tax authorities would for any reason be lower than the + amount of VAT collected from you at the time of purchase. Your Skype + Credit balance is displayed exclusive of any such taxes. The + territories in the EU set out below are outside the scope of EU VAT + under Council Directive 2006/112/EC on the common system of VAT, as + amended. The Skype Website does not enable users in such territories to + take advantage of this VAT exemption and we therefore do not provide + the Products in such territories: Mount Athos, Canary Islands, French + Overseas Departments, Aland Islands, Channel Islands, Heligoland + Island, Büsingen / Buesingen Territory, Ceuta, Melilla, Livigno, + Campione d'Italia and Italian Waters of Lake Lugano. + + 8.5 Third-Party Charges: Using the Software on mobile applications will + use some of the data allowance available on the data package to which + you have subscribed with your mobile network operator. Out-of-country + usage may lead to significantly higher costs than regular usage, and + you are solely responsible for keeping yourself informed and paying for + possible roaming and other applicable charges levied by your mobile + network operator. + +9. PAYMENT + + 9.1 Skype Credit. You can pay for select Paid-For Products using Skype + Credit. You can purchase Skype Credit using any payment method made + available to you by Skype from time to time. The Skype Credit that you + purchase will be credited to your User Account at the time of purchase + (or if you are using a Skype Credit voucher, at the time you redeem + that voucher). + + 9.2 Inactive Skype Credit. If you do not use your Skype Credit for a + period of 180 days, (including Skype Credit that has been allocated to + you by a Skype Manager administrator) Skype will place your Skype + Credit on inactive status. You can reactivate the Skype Credit by + following the reactivation link in My Account at + https://secure.skype.com/account/credit-reactivate. Reactivated Skype + Credit is not refundable. If you are located in Japan and you buy Skype + Credit from the Skype Website, this paragraph does not apply to you and + your Skype Credit shall expire 6 months from the date of purchase. You + are not permitted to use any Skype Credit on or after the date of its + expiry. + + 9.3 Other payment methods. Skype does not guarantee that you will be + able to use your Skype Credit balance to purchase all Products. Where + Skype Credit cannot be used to pay for a Product, Skype will make + another payment method available to you. Skype reserves the right to + remove or amend the available payment methods at its sole discretion. + + 9.4 Recurring Payments. Where you purchase Products on a subscription + basis (monthly, every 3 months or annually (as applicable)), you + acknowledge and agree that this is a recurring payment and payments + shall be made to Skype by the method you have chosen at the recurring + intervals chosen by you, until the subscription for that Product is + terminated by you or by Skype. + + 9.5 Auto-Recharge. + + (a) The Auto-Recharge feature will be automatically enabled when you + buy Skype Credit, unless you untick the appropriate box. Your Skype + Credit balance will be recharged with the same amount and by the same + payment method chosen when you first sign up for Auto-Recharge, unless + you subsequently change the amount by accessing your User Account. For + example, if you purchase 10 Euros of Skype Credit with your credit + card, the recharge amount charged to your credit card will also be 10 + Euros of Skype Credit. In future the same amount will be charged to + your credit card every time your Skype account balance goes below the + threshold set by Skype from time to time. If you do not want to enable + Auto-Recharge, please untick the box. + + (b) If you purchased a subscription with a payment method other than + credit card, PayPal or Moneybookers (Skrill), and you have enabled + Auto-Recharge, your Skype Credit balance will be recharged with the + amount necessary to purchase your next recurring subscription. + + (c) You can disable Auto-Recharge at any time by accessing your User + Account. + +10. REFUND POLICY + + 10.1 When you purchase Paid-For-Products directly from Skype you will + be entitled to a cancellation period of fifteen (15) days (a + “Cooling-Off Period”) unless you have made use of the Paid-For-Products + in any way, in which case the Cooling-Off Period will be extinguished + and your purchase cannot be cancelled or refunded. + + 10.2 Outside of the Cooling-Off Period, only subscriptions are + refundable unless used or expired. + + 10.3 Expenditure of Skype Credit, allocation of a Skype Number, or use + of any aspect of a subscription amounts to “use” of a Paid-For-Product. + You hereby expressly agree that Skype Numbers may be allocated before + the end of the Cooling-Off Period. + + 10.4 The Cooling-Off Period and refunds do not apply to + Paid-For-Products that are (i) purchased via a third party partner of + Skype (please contact the partner directly, who may decide in its sole + discretion whether or not to pay a refund), (ii) not directly acquired + online from Skype (e.g. vouchers or pre-paid cards) (iii) paid for in + cash using third party payment methods (such as a cash payment wallet) + and (iv) paid for and allocated to your Skype Account by a Skype + Manager administrator. They also do not apply to Membership of Skype + Developer. + + 10.5 If you believe that Skype has charged you in error, you must + contact Skype within 90 days of such charge. No refunds will be given + for any charges more than 90 days old. + + 10.6 Skype reserves the right to refuse a refund request if it + reasonably believes (i) that you are trying to unfairly exploit this + refund policy, for example, by making repetitive refund requests in + respect of the same Product; (ii) if you are in breach of these Terms + or (iii) if Skype reasonably suspects that you are using our Products + or Software fraudulently or that your User Account is being used by a + third party fraudulently. + + 10.7 This refund policy does not affect your statutory rights. + +11. ENDING YOUR RELATIONSHIP WITH SKYPE + + 11.1 You may terminate your relationship with Skype at any time and + without recourse to the courts by requesting closure of your User + Account, ceasing to use the Software, Products and/or Skype Websites + and cancelling any recurring payments. + + 11.2 Skype may terminate its relationship with you, or may terminate or + suspend your use of the Software, User Account(s), Products or Skype + Websites at any time and without recourse to the courts: + + (a) if you are in breach of these Terms; + + (b) if Skype reasonably suspects that you are using the Software, the + Products and/or Skype Websites to break the law or infringe third party + rights; + + (c) if Skype reasonably suspects that you are trying to unfairly + exploit or misuse the refund policy, or any of our policies. + + (d) if Skype reasonably suspects that you are using our Products, + Software and/or Skype Websites fraudulently or that your User Account + is being used by a third party fraudulently; + + (e) if you have purchased Skype Credit from an unauthorised reseller; + + (f) in respect of a particular Product, on thirty (30) days notice if + Skype decides to cease offering that Product; + + (g) immediately, if required due to a change in laws/regulation by a + regulator or authority with a lawful mandate, or by any of Skype’s + partners; + + (h) on thirty (30) days notice if Skype decides to cease offering the + Software to users in your jurisdiction generally. + + 11.3 Skype shall effect such termination by preventing your access to + your User Account, the Software, Products and/or Skype Websites (as + applicable). We reserve the right to cancel User Accounts that have + been inactive for more than one (1) year. + + 11.4 Consequences of Termination: Upon termination of your relationship + with Skype: (a) all licenses and rights to use the Software, Products + and/or Skype Websites shall immediately terminate; (b) you will + immediately cease any and all use of the Software, Products and/or + Skype Websites; and (c) you will immediately remove the Software from + all hard drives, networks and other storage media and destroy all + copies of the Software in your possession or under your control. + +12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY + + 12.1 For the purposes of this paragraph 12, "Skype" includes its + subsidiary companies and affiliated legal entities and all their + directors, officers, agents, licensors and employees. + + 12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE + SOFTWARE, PRODUCTS AND SKYPE WEBSITES ARE PROVIDED “AS IS” AND USED AT + YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; SKYPE DOES NOT MAKE ANY + WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH + WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH + RESPECT TO THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES INCLUDING, + WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, + NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR + PURPOSE. SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, + PRODUCTS AND/OR SKYPE WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, + UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR + WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SKYPE WARRANT ANY CONNECTION + TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE + THROUGH THE SOFTWARE. + + 12.3 Nothing in these Terms shall exclude or restrict Skype's liability + for (a) death or personal injury, (b) loss resulting from Skype's + wilful default or gross negligence, (c) fraud or deliberate + misrepresentation, or (d) any liability which cannot be limited or + excluded by applicable law. + + 12.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT SKYPE WILL HAVE NO + LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) + OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF + SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO SKYPE, IN CONNECTION WITH + OR ARISING FROM YOUR USE OF SKYPE WEBSITES, OR THE INTERNET + COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF + CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR + DISSATISFACTION WITH SUCH SOFTWARE AND/OR SKYPE WEBSITES IS TO + IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE + AND/OR SKYPE WEBSITES. + + 12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 + above, Skype shall not be liable to you, whether in contract, tort + (including negligence) or any other theory of liability, and whether or + not the possibility of such damages or losses has been notified to + Skype, for: + + (a) any indirect, special, incidental or consequential damages; or + + (b) any loss of income, business, actual or anticipated profits, + opportunity, goodwill or reputation (whether direct or indirect); or + + (c) any damage to or corruption of data (whether direct or indirect); + + (d) any claim, damage or loss (whether direct or indirect ) arising + from or relating to: + + (i) your inability to use the Software to contact Emergency Services; + + (ii) your failure to make additional arrangements to access Emergency + Services in accordance with paragraph 5.5 above; + + (iii)the service limitations set out in paragraph 5.6; + + (iv)your failure to provide accurate physical location information to + an Emergency Services operative; or + + (v)conduct of third party Emergency Services operatives and calling + centres to which you may be connected. + + (e) any claim, damage or loss (whether direct or indirect) arising from + or relating to: + + (i) any product or service provided by a third party under their own + terms of service, including without limitation, Skype WiFi; + + (ii) any Third Party Technology; + + (iii) any third party website. + + 12.6 Subject to paragraphs 12.3 - 12.5 above, Skype’s total liability + to you under or in connection with these Terms (whether in contract, + tort (including negligence) or any other theory of liability)) SHALL + NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE + 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE + TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS IN + ALL CASES. + + 12.7 If any third party brings a claim against Skype in connection + with, or arising out of (i) your breach of these Terms; (ii) your + breach of any applicable law of regulation; (iii) your infringement or + violation of the rights of any third parties (including intellectual + property rights); (iv) your User Submissions or (v) your complaint in + relation to any User Submission, you will indemnify and hold Skype + harmless from and against all damages, liability, loss, costs and + expenses (including reasonable legal fees and costs) related to such + claim. + +13. THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES + + 13.1 Third parties may offer products or services via the Software + and/or Skype Websites, including games, applications, images, ring + tones, or avatars. Whilst Skype takes no responsibility for such + products or services, if you encounter any problems with payment for or + download, use of installation of such products or services, Skype will + use commercially reasonable endeavours to assist or resolve the + problems. The third party products or services may be subject to the + third party provider’s own terms and privacy policy that you may have + to accept upon download or installation. You should review such terms + before making any purchase or using any third party product or service + and Skype shall not be responsible for your failure to do so. + + 13.2 You acknowledge and agree that any third-party product information + and pricing that is shown on the Skype Websites regarding third-party + products and services is given to Skype by the applicable third-party + merchant (“Merchant”). The Merchant has the ability to change its + pricing or terminate its product availability at anytime. Skype is not + involved in any transactions between you and any Merchant whose + products and/or services are listed on the Skype Websites. Skype does + not control, is not responsible for and does not guarantee: (i) the + pricing, quality, performance, availability or terms and conditions of + purchase of products or services provided by the Merchant; (ii) any + payment transactions, delivery, returns or after sales activities + related to the products or services purchased on the Merchants’ + websites; (iii) the availability of the Merchant’s websites; (iv) the + completeness, truth or accuracy of any advertising or other materials + on, or available from, the Merchants’ websites, nor any listing or + other content about such products and services displayed on the Skype + Websites; (v) links to the Merchants’ websites that are featured on the + Skype Websites. Any questions, complaints, or claims related to any + product or service provided by a Merchant should be directed to the + applicable Merchant. + + 13.3 The Software and Skype Websites may include hyperlinks to other + third party websites. Skype is not responsible for such third party + websites or the availability of such websites and does not endorse any + content or material on such third party websites. Your use of each of + these third party websites is subject to the terms and conditions + posted on the applicable website. + +14. ADDITIONAL TERMS + + 14.1 The Skype Etiquette provides guidelines on how to use Skype and + how to treat the other members of Skype’s community properly and + respectfully. Please read these guidelines carefully which form part of + the Terms. + + 14.2 If you want to use the Internet Communications Software in + connection with any Broadcast, you must comply with the Broadcast TOS + at http://www.skype.com/legal/broadcast + + 14.3 Software Development Kits and APIs. Software development kits + provided through Skype Developer on the Skype Website (including + “SkypeKit”) and the use of any application program interface (“API”) + exposed or made available by Skype are subject to their own licensing + terms in which case such licensing terms will govern your use of that + software. If you use any such software development kit or API (as + applicable) you agree that you have read and will comply with the + applicable licensing terms, which are available on + http://developer.skype.com/. + + 14.4 Qik Free and Open Source Software Notice is incorporated herein by + reference. + +15. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY + + Skype is committed to respecting your privacy and the confidentiality + of your personal information. We will process your personal + information, the traffic data and the content of your communication(s) + in accordance with our Privacy Policy: http://www.skype.com/go/privacy. + +16. FOR GOVERNMENT USERS ONLY + + The Software and Documentation are “commercial computer software” and + “commercial computer software documentation,” respectively, as such + terms are used in United States Federal Acquisition Regulations + paragraph 12.212. Any use, duplication or disclosure of the Software or + the Documentation by or on behalf of the U.S. Government is subject to + restrictions as set forth in this Agreement. + +17. HOW TO CONTACT SKYPE + + 17.1 To contact Skype in relation to the Skype Software or “Skype” + branded Products, please submit a support request to support.skype.com. + + 17.2 To contact Skype in relation to the Qik Software or “Qik” branded + Products, please submit a support request to support.qik.com. + + 17.3 If you contact Skype by any means other than as set out in + paragraphs 17.1 or 17.2, your request may not be acknowledged. + +18. MISCELLANEOUS + + 18.1 You agree to the use of electronic communication in order to enter + into contracts, place orders, and create other records and to the + electronic delivery of notices, policies and changes thereto and + records of transactions with Skype. + + 18.2 For your convenience, Skype may provide you with a translation of + the English language version of these Terms. In the event of any + inconsistency between a non-English version of these Terms and the + English version, the English version shall govern your relationship + with Skype. + + 18.3 These Terms constitute the entire agreement between you and Skype + with respect to your use of the Software, Products and/or Skype + Websites and replace any prior agreements between you and Skype with + respect to the Software, Products and/or Skype Websites. + + 18.4 If any provision of these Terms (or part of it), is found by any + court or administrative body of competent jurisdiction or an arbitrator + to be illegal, invalid or unenforceable, then such provision (or part + of it) shall be removed from the Terms without affecting the legality, + validity or enforceability of the remainder of the Terms. Paragraph + 20.3(i) says what happens if parts of paragraph 20.3 (arbitration and + class action waiver) are found to be illegal, invalid or unenforceable. + Paragraph 20.3(i) prevails over this paragraph if inconsistent with it. + + 18.5 The failure by Skype to exercise, or delay in exercising, a legal + right or remedy provided by these Terms or by law shall not constitute + a waiver of Skype’s right or remedy. If Skype waives a breach of these + Terms, this shall not operate as a waiver of a subsequent breach of the + Terms. + + 18.6 You may not assign these Terms or any rights or obligations + contained in them. Skype may, without prior notice, assign these Terms + or any rights or obligations contained in them to any third party. + + 18.7 This paragraph 18, along with paragraphs, 4.2, 12, 20.3 and any + other provisions, which are expressed or clearly intended to survive or + operate in the event of termination, shall survive termination of the + Terms. + + 18.8 You acknowledge and agree that if Skype is unable to provide the + Software, Products and/or Skype Websites as a result of a force majeure + event, Skype will not be in breach of any of its obligations towards + you under these Terms. A force majeure event means any event beyond the + control of Skype. + + 18.9 These Terms other than paragraph 20.3 shall be governed by and + interpreted in accordance with the laws of Luxembourg and shall be + subject to the jurisdiction of the courts of the district of + Luxembourg. Paragraph 20.3 is governed by the United States Federal + Arbitration Act. + + 18.10 AVC/H.264 NOTICE: If the Software is used to make video calls (i) + between a personal computer and a device that is not a personal + computer or (ii) between devices that are not personal computers, the + AVC/H.264 codec may be used to facilitate video functionality in which + case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS + PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE + PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN + COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC + VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND + NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER + LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE + IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM + MPEG LA, L.L.C. SEE www.mpegla.com. + +19. PRODUCT SPECIFIC TERMS + + 19.1 Skype Numbers (previously known as “Online Numbers”) and Skype To + Go numbers + + (a) Availability and use. Where we provide you with a Skype Number or + Skype To Go number, you agree that: + + (i) you do not own the number or have a right to retain that number + forever; + + (ii) the number provided to you is subject to applicable numbering + rules and regulatory practices; + + (iii) you will comply on an ongoing basis with any specific number + allocation requirements that we make you aware of, or any reasonable + instructions that Skype or Skype’s partners may give to you with regard + to the use of the numbers and the Products; + + (iv) you will not transfer or attempt to transfer your number to any + third party. In particular, you are responsible for compliance with any + requirements related to residency and or location; and + + (v) you will supply accurate, complete and up-to-date information to us + where we request it and inform us where such information changes. Skype + reserves the right to change the terms related to Skype Numbers and/or + Skype To Go numbers, including without limitation to impose or amend + any residency requirements and/or require the provision of further user + information for continued access to such numbers. In certain countries, + a number may be made available to you by a Skype partner rather than + Skype, and you may need to enter into a separate agreement with such + partner. + + (b) Other changes to numbers. If Skype needs to withdraw or change the + number that has been made available to you, Skype will use commercially + reasonable endeavours to notify you by e-mail, stating the effective + date of the change and where possible, your new number. If you do not + wish to accept this new number, you are entitled to terminate your + number. + + 19.2 User Account on Skype Manager + + (a) You are not permitted to belong to more than one Skype Manager at + the same time. + + (b) Any Skype Number purchased before 21 July 2009 and allocated to you + by a Skype Manager administrator shall be taken back by the + administrator of the Skype Manager, if you leave the Skype Manager + account for any reason. The right to use the number and the + cancellation of such right rest with the Skype Manager administrator at + his/her sole discretion and not you. + + (c) Personal and traffic data – Members. As a member of a Skype Manager + account you acknowledge and agree that the administrator of the Skype + Manager may, if you agree, view detailed information about the activity + on your User Account including the time, date, duration and destination + number of calls and SMS made and details of your purchases and + downloads. You can withdraw your agreement at any time by changing the + settings on your User Account. If you provide personal data including + your name and job title to be included on the Skype Manager directory, + you acknowledge that other members of that Skype Manager may view such + data. + + 19.3 Subscriptions + + (a) Fair Usage Policy. At Skype, we want all of our customers to get + the best calling plans, known as ‘subscriptions’, at the lowest + possible price. This Fair Usage Policy ("FUP") is designed to prevent + fraud and abuse of our subscriptions by a small number of users. + + Subject to this FUP, Skype’s unlimited subscriptions allow unlimited + calls to landlines in the applicable subscription countries (excluding + special, premium, service and non-geographic numbers). Unlimited calls + to mobiles may also be included where stated at the time of purchase. + All calls will be disconnected and require a re-dial after a 2-hour + duration. + + Skype’s subscriptions are for individual use only (personal or business + communications) in accordance with our Terms of Use and this FUP + (“Legitimate Use”). The following is a non-exhaustive list of practices + that would not be considered Legitimate Use: + + (i) Using subscriptions for telemarketing or call centre operations; + + (ii) Re-selling subscription minutes; + + (iii) Sharing subscriptions between users whether via a PBX, call + centre, computer or any other means; + + (iv) Calling numbers (whether singly, sequentially or automatically) to + generate income for yourself or others as a result of merely placing + the call, other than for your individual business communications (and + subject to paragraph 4.1 of the Terms of Use); and + + (v) Unusual calling patterns inconsistent with normal, individual + subscription use, for example, regular calls of short duration or calls + to multiple numbers in a short period of time. + + Other practices may be relevant in determining Legitimate Use and Skype + reserves the right to take any unlawful, prohibited, abnormal or + unusual activity into account in making its determination. Skype may at + its option, terminate its relationship with you, or may suspend your + subscription immediately if it determines you are using your + subscription contrary to this FUP or Skype’s Terms of Use. Where + reasonable, Skype will provide you with notice of improper usage before + suspension or termination of your subscription and, if appropriate, + Skype may offer you an alternative subscription. + + (b) Skype reserves the right to withdraw or change the subscriptions at + any time. If Skype changes the Products included in your subscription, + Skype will notify you by email stating the changes and their effective + date. If you do not wish to accept these changes, you are entitled to + terminate your subscription, with effect from the date on which the + changes are due to take effect. + + (c) The “Unlimited World Extra” subscription has a minimum fixed term + of 2 years from the date of purchase. You are not permitted to + terminate it before the expiry of the 2-year minimum term except in + case of breach by Skype of the Terms. This subscription is billed + monthly as a recurring payment. + + 19.4 Skype WiFi + + Skype WiFi is provided by one of Skype’s WiFi partners. Your use of + Skype WiFi is subject to that partner’s terms of service. Before you + start a Skype WiFi session at a specific WiFi hotspot, you will be + notified of the identity of the WiFi provider and their terms of + service. You will have to read their terms of service, which you agree + to be subject to by proceeding with the Skype WiFi session. You can pay + for Skype WiFi using your Skype Credit balance, and your use of Skype + Credit is subject to these Terms of Service. + + 19.5 SMS + + Each SMS message has a limit of 160 characters. If you type a longer + message it will be broken down into several SMS messages and you will + be charged for each message sent. If you send SMS messages to more than + one person you will be charged for each SMS sent to each recipient. If + Skype cannot (for whatever reason) send your SMS, Skype will continue + to try and send the message for up to 24 hours after which time the SMS + charge will be refunded to your Skype Credit balance automatically if + delivery is unsuccessful. + + 19.6 Group Video Calling + + (a) A fair usage policy applies at www.skype.com/go/terms.gvc.fairusage + and is incorporated herein by reference. Skype reserves the right to + change the fair usage policy at any time. Changes shall become + effective when published on the Skype Website. Your continued use of a + Skype Premium Subscription after publication on the Skype Website shall + constitute your acceptance to be bound by the terms and conditions of + the revised fair usage policy. + + (b) Number of Participants. The number of permitted participants on a + group video call varies from 3 to a maximum of 10, subject to system + requirements. You can find more details at + www.skype.com/go/skypepremium. + + (c) Audio Conversion. If a Skype Premium Subscription or Day Pass + expires during a group video call, or it has exceeded the fair usage + limit, or the owner of the Skype Premium Subscription leaves the call + (and there is no other participant on the call who owns a Skype Premium + Subscription), then the call will convert from video to audio. + + (d) Software Versions. If a participant of a group video call is not on + a version of Internet Communications Software that supports group video + calls, then the call will be an audio call only for that participant. + For details of the system requirements for group video calling, please + see www.skype.com/go/skypepremium.requirements. + + (e) Live chat. Live chat customer support is available as part of the + Skype Premium Subscription. This support is available 24 hours a day, + every day, and only in English. + + 19.7 Qik Premium Fair Usage Policy + + Qik Premium is subject to a fair usage policy of 15GB of video storage + per user per month and each video can be no more than 90 minutes in + duration. Once these limits have been reached you cannot upload any new + videos in that month or continue recording beyond the 90-minute mark. + + Skype reserves the right to change the fair usage policy at any time. + Changes shall become effective when published on the Skype Website. + Your continued use of Qik Premium after publication on the Skype + Website shall constitute your acceptance to be bound by the terms and + conditions of the revised fair usage policy. + + 19.8 Skype Video Messaging (“Video Messaging”) + + If you are not a Skype Premium subscriber, the number of Video Messages + you can send are limited and will be subject to an expiry date. + + Fair Use Policy: This FUP is designed to prevent fraud and abuse of + Video Messaging. Video Messaging is for personal, individual and + non-commercial use only, and to be in accordance with these Terms at + all times (“Legitimate Use”). Skype reserves the right to take any + unlawful, prohibited, abnormal or unusual activity into account in + making its determination as to whether your activity does not + constitute Legitimate Use. Skype may in its option, terminate its + relationship with you, or suspend your account immediately if it + determines you are using Video Messaging contrary to this FUP or these + Terms. + +20. PAY BY MOBILE + + 20.1 This section applies if you select a third-party payment system + that enables you to pay for Skype Credit and certain Paid for Products + via your mobile phone bill where applicable (“Pay by Mobile”). + + 20.2 By selecting or using Pay by Mobile: + + (a) You authorise your mobile phone carrier to charge appropriate fees + directly to your mobile phone bill; and + + (b) You represent that you are the person or entity responsible for the + mobile phone account associated with the mobile number you provide when + using Pay by Mobile, or are authorised by that person or entity to + incur such charges. + + 20.3 BINDING ARBITRATION AND CLASS ACTION WAIVER FOR UNITED STATES + ACCOUNTS. If you select Pay by Mobile and your mobile phone account is + registered with a mobile phone carrier in the USA or you reside in the + USA, the following additional terms apply: + + (a) Paragraph 20.3 applies to any dispute arising between you and + either Skype or any third party including mobile phone carriers and + Skype’s corporate affiliates (collectively, “Disputed Party” or + “Disputed Parties”) relating to your use of Pay by Mobile, EXCEPT IT + DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF + YOUR, SKYPE’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY + RIGHTS. Dispute, for purposes of paragraph 20.3, means any dispute, + action, or other controversy whether in contract, warranty, tort, + statute, regulation, ordinance, or any other legal or equitable basis. + Dispute will be given the broadest possible meaning allowable under + law. + + (b) In the event of a dispute, you must provide Skype or other Disputed + Party with a Notice of Dispute, which is a written statement of the + name, address and contact information of the party giving it, the facts + giving rise to the dispute, and the relief requested. You must send any + Notice of Dispute to Skype or its corporate affiliate at ATTN: Legal + Department, Microsoft Corporation One Microsoft Way Redmond, WA + 98052-7329. and to any other Disputed Party at its principal place of + business in the USA, marked ATTN: Legal Department. The Disputed Party + will send any Notice of Dispute to your address if it has it, or + otherwise to your e-mail address on file. You and the Disputed Party + will attempt to resolve any dispute through informal negotiation within + 60 days from the date the Notice of Dispute is sent, after which you or + the Disputed Party may commence arbitration. + + (c) You may also litigate any dispute in a small claims court in your + county of residence, if the dispute meets all requirements to be heard + in the small claims court. You may litigate in a small claims court + whether or not you negotiated informally first. + + (d) Binding Arbitration. If you and a Disputed Party do not resolve any + dispute by informal negotiation or in small claims court, any other + effort to resolve the dispute will be conducted exclusively by binding + arbitration governed by the United States Federal Arbitration Act + (“FAA”). You are giving up the right to litigate (or participate in as + a party or class member) all disputes in court before a judge or jury. + Instead, all disputes will be resolved before a neutral arbitrator, + whose decision will be final except for a limited right of appeal under + the FAA. Any court with jurisdiction over the parties may enforce the + arbitrator’s award. + + (e) Class Action Waiver. Any proceedings to resolve or litigate any + dispute in any forum will be conducted solely on an individual basis. + Neither you nor a Disputed Party will seek to have any dispute heard as + a class action, private attorney general action, or in any other + proceeding in which either party acts or proposes to act in a + representative capacity. No arbitration or proceeding will be combined + with another without the prior written consent of all parties to all + affected arbitrations or proceedings. + + (f) Any arbitration will be conducted by the American Arbitration + Association (the “AAA”) under its Commercial Arbitration Rules. If you + are an individual and use the Software or Products for personal or + household use, or if the value of the dispute is $75,000 USD or less + whether or not you are an individual or how you use them, its + Supplementary Procedures for Consumer-Related Disputes will also apply. + For more information, see adr.org or call +1-800-778-7879. In a dispute + involving $75,000 USD or less, Skype will promptly reimburse your + filing fees and pay the AAA’s and arbitrator’s fees. You and Skype + agree to the terms governing procedures, fees and incentives at + go.microsoft.com/fwlink/?linkid=275219. To commence arbitration, + submit the form available at go.microsoft.com/fwlink/?linkid=275627 to + the AAA. You agree to commence arbitration only in your county of + residence, in Santa Clara County, California, or another Disputed + Party’s principal place of business in the USA. Skype and other + Disputed Parties agree to commence arbitration only in your county of + residence. + + (g) To the extent permitted by law, any claim or dispute relating to + your use of Pay by Mobile must be filed within one year in small claims + court (paragraph 20.3(c)) or in arbitration (paragraph 20.3(d)). The + one-year period begins when the claim or dispute first could be filed. + If such a claim or dispute is not filed within one year, it is + permanently barred. + + (h) Rejecting Future Arbitration Changes. You may reject any change + Skype makes to paragraph 20.3 (other than address changes) by sending + us notice within 30 days of the change by U.S. Mail to the address in + paragraph 20.3(b). If you do, the most recent version of paragraph 20.3 + before the change you rejected will apply. + + (i) If the class action waiver in paragraph 20.3(e) is found to be + illegal, invalid or unenforceable as to all or some parts of a dispute, + then paragraph 20.3 will not apply to those parts. Instead, those parts + will be severed and proceed in a court of law, with the remaining parts + proceeding in arbitration. If any other provision of paragraph 20.3 is + found to be illegal, invalid or unenforceable, that provision will be + severed with the remainder of paragraph 20.3 remaining in full force + and effect. + + YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND + THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY + CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE + OR USE THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES, YOU EXPRESSLY + CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE + RIGHTS SET FORTH HEREIN. + +© Skype – Last updated: April 2013
