PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR THE PRODUCT OR.
USE SKYPE'S PRODUCTS OR WEBSITES
Main points
It is important that you read this document completely and understand it.
However, there are a few key points that we would like to highlight:
NO ACCESS TO EMERGENCY SERVICES: The software is not a replacement for your normal cell phone or landline phone.
In particular, you cannot use the software to make emergency calls to emergency services, except in the extremely limited circumstances described in paragraph 5.6 of these terms (applies only to the Skype Internet communication software).
You will therefore need to create other means of communication to ensure that you can make emergency calls when necessary.
REVIEW RESTRICTIONS ON USE: Some countries have restrictions on how you can use the software.
You need to check whether you are legally allowed to use the software in your location.
NO OWNERSHIP OF NUMBERS: If Skype provides you with a Skype Number (formerly "Online Number") or a Skype To Go Number, you do not own that number and you are not entitled to use that number for an indefinite period of time to keep.
Skype may change or withdraw the number provided to you from time to time.
You must not transfer or attempt to transfer your Skype Number or Skype To Go Number to any third party.
You need to make sure that you meet all of the provisioning requirements that appear when you purchase a Skype Number.
Otherwise the number can be withdrawn.
Please also read section 19.1.
SKYPE CREDIT WILL GO INACTIVE AFTER 180 DAYS: If you buy Skype Credit you should be aware that it will become inactive if you haven't used it for 180 days.
Please also read Section 9.2.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER: If you are a US resident and select “Pay by Cell” (see Section 20), a binding arbitration clause and class action waiver will affect your rights Resolve disputes with Skype, its affiliates, or any third party including cellular operators.
Please read section 20.3 carefully.
1. YOUR AGREEMENT WITH SKYPE
1.1 The Skype Internet Communication Software applications (“Internet Communication Software”), other software applications under the brand name “Skype” (collectively the “Skype Software”), the software applications under the brand name “Qik” (“Qik -Software ") and the associated documentation (printed or in electronic form) as well as all optimizations, changes, improvements, repairs, updates, enhancements and future versions of the software mentioned (" updates ") are made available to you by Skype Software Sàrl (not whether the software is provided for free or for a fee (collectively, the “Software”).
1.2 The functions and products that are provided free of charge through the software (does not apply to the products or functions that are provided free of charge exclusively on a trial basis) ("Free Products") are made available to you by Skype Software Sàrl.
1.3 Any other products or features of the Skype software or the Qik software or other products sold under the brand name "Skype" or "Qik" that you pay for (including the products and features that are only available free of charge on a trial basis) (“Paid Products”) are made available to you by Skype Communications Sàrl.
1.4 “Skype Websites” means www.skype.com, www.qik.com (both operated by Skype Communications Sàrl) and any other Skype authorized website that is linked to these Terms.
1.5 “Skype” refers to either Skype Software Sàrl, 23-29 Rives de Clausen, L-2165 Luxembourg or Skype Communications Sàrl, 23-29 Rives de Clausen, L-2165 Luxembourg, depending on the context;
“Products” means all paid and free products;
“You” or “your” refers to you, the registered account holder (as described in Section 6.1) and licensee under these Terms.
1.6 Your agreement with Skype consists of the terms and conditions set out in this document, as well as any other fair usage guidelines set out in this document and the additional terms referred to in paragraph 14 (collectively, the "Conditions").
If there is any inconsistency between the Fair Use Policy or Additional Terms and this document, this document will be preferred.
2. ACCEPTANCE OF THE TERMS
2.1 In order to download and / or use the Skype software, products and / or websites, you must first accept these terms and conditions.
You accept these terms and conditions (a) if you click on them to agree or accept them, or (b) if you download and / or use the software, products and / or websites from Skype.
We recommend that you print out a copy of these terms and conditions for your records.
These Terms will remain in effect from the date of acceptance until terminated by you or Skype in accordance with Section 11.
2.2 You cannot accept these Terms if: (a) You are not legally entitled to use the Skype software, products and / or websites in the country in which you are located or in which you are domiciled or (b) you have not reached the legal age to enter into a binding agreement with Skype.
2.3 In some countries, the products may be made available to you by a local Skype partner.
If so, that local partner may ask you to accept their own terms and conditions ("Local Terms").
If there is any inconsistency between the local conditions and these conditions, the local conditions shall prevail insofar as the inconsistency concerned is concerned.
3. MODIFICATION OF THE TERMS
3.1 Skype may change these terms from time to time.
Skype will post the changes at www.skype.com/go/tou.
Changes to the Fair Use Policy and / or the Additional Terms will be posted on the applicable Skype website.
The changes will take effect upon publication.
Please read the terms and conditions regularly.
You understand and acknowledge that your express acceptance of the Terms or your use of the Skype software, products and / or websites after the date of publication constitutes your acceptance of the updated Terms.
If you do not agree to the changed conditions, you can terminate your relationship with Skype in accordance with paragraph 11 below.
4. LICENSE
4.1 License.
As long as you comply with these terms, you are granted a limited, non-exclusive, non-sublicensable, non-transferable, free license to download and install the software on a personal computer, mobile phone, or other device.
You may also use the software personally via your individual Skype or Qik user account ("user account") (whichever applies).
For the avoidance of doubt, (a) IT administrators working for a company may download and install the Skype software on PCs or other devices on devices used by employees of that company, and (b) they are allowed to: use the software at a university or other educational institution or in the workplace.
Skype reserves all rights not expressly granted to you in these terms.
4.2 Limitations.
You affirm that you will refrain from the following illegal actions:
(a) sublicense, sell, assign, rent, lease, export, import, distribute or transfer or otherwise lend any rights in the Software to any third party;
(b) modify and create derivative products, or cause, optimize, translate, reverse engineer, decompile, disassemble, decrypt, emulate, hack, search or attempt to search for the source code or logs of the software or any part or function thereof or authorize, except as permitted by law;
(c) remove, obscure or modify notices or other notices of intellectual property rights contained in the software;
(d) use the software for commercial products or services or cause the software (or any part of the software) to be used in commercial products and services or to make the software available to third parties for commercial products or services.
However, this should not prevent you from using the software for your own corporate communications, as long as paragraph 4.1 above is observed;
(e) use the software for purposes other than downloading and installing it, unless through your user account.
4.3 Third Party Technology.
If you use software that is preinstalled, downloaded, embedded in, combined with, distributed or used on products, hardware, software applications, programs or devices of third parties (“Third Party Technology”), you agree to this and acknowledge that : (a) You may need to enter into a separate license agreement with the relevant third party owner or third party licensor regarding the use of such third party technology, (b) some products and / or features may not be accessible via the third party technology, and (c) Skype is not can guarantee that the software is available at all times on or in connection with such third-party technology.
4.4 Notices from third parties.
The software may contain third party code that Skype (not the third party) licenses to you under this Agreement.
References to third party code, if any, are provided for informational purposes only.
Third party script files that are linked, accessed, or referenced from within the software are licensed to you by the third parties who own this code (not Skype).
5. USE OF SKYPE'S SOFTWARE, PRODUCTS AND WEBSITES
5.1 Devices: In order to be able to use the software and the products, you need an Internet broadband connection.
You must have all of the devices required to access the Internet or enable communication, such as B. provide headsets, microphones and webcams.
5.2 Use of your devices: Internet communications software may use the processing capabilities, memory and bandwidth of the computer (or other equivalent device) you are using for the limited purpose of facilitating communication and establishing connections between users the internet communication software.
If your use of the Internet Communication Software is dependent on the use of a processor and bandwidth owned and controlled by a third party, you acknowledge and acknowledge that your license to use the Internet Communication Software is your consent from the respective third party is subject to such use.
By accepting these terms and conditions, you confirm and guarantee that you have obtained such consent.
5.3 Software updates: Skype can automatically check your version of the Skype software.
You may need to agree to an updated version of these terms and conditions in order to download or otherwise use all updates.
Skype is under no obligation to provide updates.
However, Skype may require you to (a) download and install updates, or (b) the Skype software may automatically download and install updates from time to time unless you have (through your Skype software settings) Clients) have specified that they do not want to receive automatic updates.
If you have activated Microsoft updates, it is also possible that Microsoft Corporation or its partners and subsidiaries automatically download updates for the Skype software for Windows.
These updates are necessary to maintain software compatibility, provide security updates or bug fixes, and offer new features, functions, or versions.
You agree to receive such updates from Skype so that you can continue to use the Skype software.
You further agree to accept such updates in accordance with these terms.
5.4 Temporary suspension, technical improvement and maintenance: From time to time Skype may need to maintain or update the software, Skype products or websites, or the underlying infrastructure that enables you to use the Skype software, products or websites .
This may require Skype to temporarily suspend or restrict your use of some or all of the Skype software, products or websites until the maintenance and / or update can be completed.
To the extent possible and unless intervention is urgently required, Skype will announce the time and duration of such temporary lifting or restriction in advance on Skype's website.
You are not entitled to seek compensation for such temporary suspension or restriction of the use of any software, product or website from Skype.
5.5 No access to emergency services: Neither the products nor the software are suitable for supporting or executing emergency calls to any type of hospital, law enforcement agency, health care facility or other type of service that connects a user with emergency services or emergency call centers ("emergency service") .
There are important differences between regular telephone services and the products.
You acknowledge and acknowledge that: (i) Skype is under no obligation to provide access to emergency services under any local or state rules, ordinance or statute; (ii) It is your responsibility to provide, in addition to the Products, traditional wireless (mobile) or landline Purchasing telephone services that provide access to emergency services; and (iii) the Software and Products are not a substitute for your primary telephone service.
For more information on calling the EU-wide emergency number 112, visit www.skype.com/go/emergency.
5.6 Restricted emergency calls (Internet communication software only, does not apply to the Qik software)
5.6.1 In a very limited number of countries and exclusively for the defined versions and platforms of Internet communication software, Skype will attempt to provide limited emergency calls as a single function, but does not make any promises in this regard.
Click here for a list of countries ("Emergency Callable Countries") as well as software versions and other platforms ("Emergency Callable Versions") that allow restricted calls to emergency services via Skype.
Emergency calls via Skype are not available in any other country, version or platform.
You should continue to use conventional wireless (mobile) or landline telephone services for your calls to emergency services and only use the severely limited emergency call options via Skype as a last resort.
Please also note the following in this context:
(i) Power, battery and internet connection failures can result in loss of Skype calling functionality including calls to emergency services.
In addition, the quality restrictions explained in paragraph 5.9 below can have a negative effect on the successful establishment of the connection.
(ii) Emergency calls made through Internet communications software (if available) in Distress Eligible Countries may not be given the same network priority as calls made using traditional wireless (mobile) or landline telephone services.
(iii) When making the connection, you must verbally tell a third party emergency operator of your whereabouts to ensure that the correct emergency services can respond to your emergency and determine your location.
If you fail to provide this information when prompted, you hereby acknowledge that your emergency call may not be able to complete and that you will not be able to access the emergency services you need through the internet communications software.
In such circumstances, Skype will not be responsible for the failure of the 911 call.
(iv) Except in Emergency Callable Countries and in Emergency Callable versions, Skype does not offer any limited Emergency Call features in other countries or for or in connection with any product (s) or the use of any platform, device, service or operating system (including products, platforms, Devices, services or operating systems developed by third parties that use Skype APIs, Skype software development systems, etc.).
5.6.2 In countries eligible for emergency calls, you should configure the restricted emergency call function by setting your default location for emergency calls on the call settings page of your Internet communication software (if you are using Skype for Windows version 4.1 or higher or Skype for Mac OS X version 2.8 or higher).
You must ensure that this location information is accurate and up-to-date in the event that your physical address changes.
Skype does not support emergency calls in most countries around the world.
Where limited emergency calls are supported, you will not be charged for making the emergency call and you will not need Skype credit to make the emergency call.
However, if Skype does not support restricted emergency calling in your country, you should not attempt to make emergency calls through your internet communications software, and you hereby agree not to do so.
If another user uses your account with your permission, it is your responsibility to inform that user of the restricted circumstances under which restricted emergency calls are available.
5.7 Communication Content: Skype is not the source of any content in communications made through the Software, nor does the Company endorse or endorse such content.
Furthermore, Skype takes no responsibility for this content.
By using the software, you agree that all content you enter will be transmitted to the recipient of your communication.
The content of the communication is solely the responsibility of the person from whom such content originates.
It is therefore possible that you will be exposed to content that is offensive, illegal, harmful to minors, obscene, immoral or otherwise objectionable.
The content of the communication may be protected by intellectual property rights owned by third parties.
You are responsible for the content that you communicate and access through your use of the software.
In particular, you must ensure that you do not post any material that is (i) protected by copyright, trade secrets, or other proprietary rights of third parties, such as privacy and publicity rights, unless you own those rights or have the permission of the lawful Owner, (ii) contains false information or false statements, (iii) is offensive, illegal, harmful to minors, obscene, defamatory, defamatory, threatening, pornographic, harassing, hateful, racist or ethnically offensive or which encourages behavior that is classified as a criminal offense would incur civil liability, violate any law or otherwise objectionable, (iv) contain advertising or solicitation of business transactions, or (v) impersonate another person.
Skype reserves the right (but has no obligation) to review the content in order to enforce these terms.
As part of its efforts to protect the software, products, and customers, or otherwise enforce these Terms, Skype may, in its sole discretion, block or otherwise remove or prevent the delivery of any content from communications.
In addition, Skype may, in its sole discretion, remove such content and / or terminate these Terms and your account if you use content that violates these Terms.
5.8 Notification and removal: Should Skype receive notices that materials that you post, upload, edit, host, distribute and / or publish on the Skype website or via the software (does not apply to your private communications) ("User Contributions") are inappropriate or violate the rights of third parties, or if Skype wishes to delete User Submissions for any reason, Skype reserves the right to remove such User Submissions immediately or automatically within another period of time determined by Skype in its sole discretion.
The user contribution will be removed without acknowledgment of liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved.
You acknowledge and acknowledge that Skype is under no obligation to re-approve such User Submissions.
If User Submissions violate your rights, or if you think User Submissions violate your rights (including intellectual property rights) or are unlawful, please contact us immediately using our notification and removal procedure.
Click here for the notification and removal procedure.
Skype reserves the right to ask for confirmation of your identity and further information to verify your complaint.
You agree that you are solely responsible for all consequences arising out of your complaint (including, but not limited to, removing or blocking user contributions), and you acknowledge and agree that any complaint will be used in legal proceedings may.
False, misleading, or inaccurate information that you provide could result in civil and criminal liability.
5.9 Quality: Skype cannot guarantee that the Skype software, products or websites will function without interruption, delay or error at all times.
Several factors can affect the quality of your communication and your use of the software, products (depending on which products are being used) or Skype's websites, and can cause your communication to fail.
This applies in particular to: your local network, your firewall, your Internet service provider, the public Internet, the public switched telephone network and your power supply.
Skype is not responsible for any malfunctions, interruptions, or delays caused by the failure or inadequacy of any of the factors listed or those over which we have no control.
5.10 Changes to products: Skype continuously optimizes the software and the products.
It may also be necessary to change technical features from time to time in order to comply with the applicable guidelines.
Therefore, you acknowledge and agree that the products and functions of the software may vary from time to time.
Technical requirements for the use of the products and software as well as a description of the functions can be found on the Skype website.
If you do not agree to the changes to the software and products, you can terminate your relationship with Skype in accordance with paragraph 11.
You may need to download a new version in order to take advantage of certain products.
You further acknowledge and agree that certain products may be subject to usage restrictions or geographic restrictions that change from time to time.
Please refer to the Skype website for details on the latest usage restrictions that apply to the products you use.
5.11 Unsolicited Suggestions: Skype will not consider or accept unsolicited suggestions or ideas, particularly ideas for new products, technologies, promotions, product names, product feedback, and product improvements ("Unsolicited Feedback").
When you send unsolicited feedback to Skype through the Skype website or otherwise, you acknowledge and agree that Skype is in no way obliged to maintain confidentiality regarding unsolicited feedback.
5.12 Contributions: In certain sections of the Skype websites or the software, you may be asked to submit suggestions or problem reports in writing, such as in our contact form or problem report form ("Contributions").
Please read carefully the specific terms that govern such contributions.
Contributions are understood to be the property of Skype.
All rights now known or later existing in these contributions are the exclusive property of Skype in the entire universe and for an indefinite period and Skype is entitled to use the contributions for any purpose, commercial or otherwise, without remuneration from the contributor.
In any case, the posts you send to Skype will not be treated as confidential.
Skype is not responsible for the disclosure of posts.
5.13 Linking: You may link to the Skype website from any website you own, provided that you do so in a manner that is fair, lawful and that does not damage or benefit our reputation.
You must not set a link in such a way that it indicates any form of connection, consent or endorsement on the part of Skype, although this does not exist.
You may not use the website in a frame on another website.
Skype also provides an Embeddable Flash Player feature under the brand name "Qik" that you can integrate into your personal, non-commercial website to access material on the Skype website, which is operated under the brand name "Qik" .
Skype may, at its sole discretion, withdraw permission to link Skype's websites at any time and will notify you accordingly.
6. YOUR OBLIGATIONS
6.1 User account.
Before using the Skype software for the first time and using the Qik software for the first time, you must set up a user account and set a user ID and password.
We recommend choosing a password that is difficult to guess and that consists of letters, numbers, and symbols.
You may only use the software via your user account.
You are solely responsible and liable for all activities carried out through your user account.
To protect against unauthorized use, we recommend that you treat your password confidentially and not pass it on to third parties or use it as an access code to third-party websites or services.
If you suspect that someone else knows your password, you should change it immediately to protect your user account.
You need to make sure that you do not comply with unsolicited requests for credit card information, passwords, or other information.
Skype is not responsible if you fail to comply with any of the obligations in this Section 6.1.
6.2 Lawful Use: You must use the Skype software, products and websites in accordance with the laws of your locality.
Some countries have restrictions on downloading and using the Skype software, products and / or websites.
You must check that you are legally allowed to use the Skype software, products, and / or websites in your location.
6.3 Prohibited Use: You are prohibited from
(a) intercept, monitor, damage or modify any communications that are not intended for you;
(b) use any type of spider, virus, worm, trojan horse, time bomb or any other code or instruction aimed at tampering with, deleting the software, products, Skype websites, communications or protocols damage, emulate, or disassemble;
(c) send any unsolicited communications (also known as "SPAM", "SPIM" or "SPIT") that are not permitted under applicable law, or use the software, products or Skype websites for phishing or pharming, or yourself impersonate another person or misrepresent your relationship with any other person or company;
(d) expose any third party material that is objectionable, harmful to minors, indecent or otherwise objectionable;
(e) use the Skype software, products or websites to cause or intend to cause embarrassment or distress, threat, harassment or invasion of the privacy of any third party;
(f) use any material or content (including as part of your user ID and / or profile picture) that is owned by any third party, unless you have a license or authorization from the owner of such rights;
(g) collect or collect information from the Software, Products or the Skype website that may be used to identify an individual, including account names;
(h) the availability of the software, products or Skype websites e.g. B. to influence or attempt to influence with a denial-of-service attack (DOS) or a distributed denial-of-service attack (DDoS);
(i) to use or execute automated systems, in particular “robots”, “spiders”, “offline readers” etc. that access, use or execute the software, products or Skype websites.
Notwithstanding this, you agree that Skype permits public search engine operators to use spiders to copy material from the Skype website for the sole purpose of creating publicly searchable material indexes; however, this does not apply to caches or archives of this material.
Skype reserves the right to revoke these exceptions at any time.
6.4 User contributions: Please behave respectfully when using functions of the Skype websites or the software, such as forums, blogs and e-mail functions, video conferencing, distribution and / or publishing or any other function of the Skype websites or the Skype software that allows you to send, upload, edit, post, share, share, and publish content.
You acknowledge and acknowledge that: (i) by using the Skype websites and / or software, you may be exposed to content that you find offensive or indecent and you use the website at your own risk; (ii) You are solely responsible for User Submissions that you create, submit, post or post on Skype's Sites or through the Software, and Skype has no responsibility to you or any third party; (iii) Skype does not guarantee the confidentiality of User Submissions, whether or not they are published; (iv) Skype is not responsible for User Submissions that you may have access to through use of the Skype websites or software, and all User Submissions are the responsibility of the originator of such materials.
Skype does not endorse any user submission or any opinions, recommendations or advice expressed therein; Skype therefore expressly rejects all liability claims in connection with user contributions.
With regard to your user contributions, you give the following confirmations, assurances and warranties:
(i) You own or hold the necessary licenses, rights, consents and permissions to use and authorize Skype for all copyrights, trademarks, trade secrets, patents or other (intellectual) property rights in and to all User Contributions in accordance with these Conditions;
(ii) You have the written permission, exemption and / or permission of any identifiable individual in the user contribution to use the name and / or the likeness of that identifiable individual in the user contribution so that these user contributions are recorded and used in the manner intended in these terms and conditions can.
You may not copy, post or use any text, photos, images, images, music, sounds, representations and other content from third parties or sources (“Third Party Content”) without the express permission of the owner.
It is possible that such third-party content is protected by intellectual property laws and that the owners of the intellectual property rights in such content may object to its use.
You may only use third party content with the permission of the owner of the intellectual property rights in such content.
Notwithstanding any rights or obligations regulated by the Additional Terms (as defined below), you automatically grant Skype one each time you upload or provide User Submissions via the Sites or via the Skype software (does not apply to Submissions and the content of your communications) non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sublicensable and transferable license for all rights to use, edit, modify, record, integrate, adapt, record, publicly perform, display, transmit and reproduce, in particular all brands associated with this, in any way and in any connection with the websites and software as well as the products of Skype, in all media known at the present time and developed at a later time, and the user materials for advertising and promotional purposes or for the new Sales use any or all of Skype's websites and / or software or products.
You also hereby grant each user of the Skype website and / or the software or products of Skype a non-exclusive license to access your user contributions via the website and / or the software or the products of Skype and to use, reproduce, distribute, create derivative works, display, presentation and transmission of these User Submissions, insofar as this is permitted by the functioning of the website and / or the software or products of Skype and in accordance with these Terms of Use.
In addition, to the extent possible under the applicable law, you waive any “moral rights” to the user contributions.
You may not submit or post any User Submissions via the Skype website or software that is offensive, defamatory, pornographic, harassing, hateful, invasive of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or impairing represent the intellectual property rights or trade secrets of a third party or otherwise infringe the rights of third parties or may be prosecuted under civil or criminal law.
You may also not submit or post any User Submissions that contain false information or false testimony, a solicitation for funds or services, contain advertisements or programs, contain junk mail, spam, chain letters or other solicitations, impersonate a false identity, or contain virus or other programs that can affect the functionality of a computer.
You undertake not to address any users of the website or the Skype software in connection with their user contributions for commercial purposes.
You undertake not to circumvent, deactivate or otherwise interfere with the security functions of the website or the Skype software; this also applies to functions that prevent or limit the use of content.
6.5 Your information: Skype may from time to time ask you for information in order to make the software or products available.
You need to make sure that this information is complete, current, and accurate.
6.6 No resale.
The software and the products are designed for individual use by you.
You may not resell or commercialize the software and / or the products to any third party.
6.7 Export restrictions: The software may be subject to international regulations that regulate the export of software.
You must comply with all applicable international and national laws that apply to the software, as well as end-user, end-use, and destination restrictions imposed by state governments or similar agencies, and restrictions on embargoed nations.
The Internet communication software is subject in the USA ECCN 5D992 to the Export Administration Regulations ("EAR") according to Encryption Registration Number ("ERN") R100351 and therefore may not be exported or re-exported from the USA or downloaded by persons who are in Countries controlled by the EAR for anti-terrorism reasons, including Iran, North Korea, Cuba, Syria and Sudan.
In addition, the Internet communications software may not be exported, re-exported or downloaded from the United States by any person or entity that is subject to US sanctions, regardless of location.
See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. Skype makes this software available for download only on condition that you certify that you are not such a person or entity and that the Download does not violate US export control and sanctions regulations.
7. OWNERSHIP RIGHTS
7.1 Skype's software, products and websites contain proprietary and confidential information that is protected by intellectual property rights and treaties.
7.2 Any content and compilation of content that is on the Skype websites (does not apply to user contributions), such as B. Sounds, text, graphics, logos, symbols, images, audio materials, digital downloads and software are owned by Skype, its affiliates or licensors and are protected by United States and international copyright laws.
Such copyrighted content may not be reproduced without the express permission of Skype.
You can download user contributions and use them personally and non-commercially on www.qik.com, if these user contributions are provided with a link to "download" or a similar link.
Skype reserves all rights not expressly granted on the Skype websites.
7.3 Skype and / or its licensors remain the sole owners of the Skype software, products and websites and all intellectual property rights in them (whether or not those intellectual property rights are registered in any country).
You must not take any action that jeopardizes, limits or adversely affects Skype's intellectual property rights in the software, products and / or websites of Skype.
7.4 "Skype", the corresponding trademarks and logos as well as the "S" logo are trademarks of Skype.
Skype has filed trademark registrations in many countries around the world.
Skype's trademarks and corporate design may not be used in conjunction with any other non-Skype product or service, which is likely to confuse customers, or to disparage or discredit Skype in any way.
All trademarks that appear on this website that are not owned by Skype or any of its affiliates are the property of their respective owners.
You may not register or use any trade names, trademarks, logos, domain names, or any other names or marks that contain (in whole or in part) Skype intellectual property or that look confusingly similar to Skype's intellectual property.
For more information on how to use the company's trademarks, see the Skype Trademark Guidelines.
8. FEES
8.1 Calls to telephones and chargeable special numbers with Skype credit:
(i) Calls to landline telephones and mobile phones: The costs to be borne for calls to telephones (outside of subscriptions) consist of a connection fee (one-time billing per call) and a minute rate (see www.skype.com/go/allrates).
All calls are interrupted after a period of four hours and the number must be redialed.
There is an additional connection fee for new elections.
(ii) Chargeable special numbers: The costs to be borne for calls to chargeable special numbers consist of a minute rate (see www.skype.com/go/rates-premium).
There is no connection fee.
(iii) Skype may change tariffs for calls to telephones and fee-based special numbers at any time without notice to you by notifying you of such change at www.skype.com/go/allrates.
The new rate will apply to your next purchase after the changes are posted.
Please inform yourself about the current tariffs before making your call.
If you do not accept the new tariffs, do not make your call.
(iv) The duration of a call is calculated every minute.
Fractions of minutes are rounded up to the nearest minute.
The connection fee may be charged at the beginning of the call.
At the end of the call, charges in fractions of a cent are rounded up to the nearest full cent.
Example: A total fee of € 0.034 is rounded up to € 0.04.
During the call, accrued charges are automatically deducted from your Skype credit in your user account.
8.2 Fees for other paid products: The fees for other paid products will be displayed to you before you complete a purchase on Skype.
Skype may change the fees for purchasing such products at any time without notice to you.
You can decide whether to accept the new fees before your next purchase of the respective product.
The new rate will apply to your next purchase after the changes are posted.
8.3 Promotional offers: Skype may from time to time offer paid products for a free trial period.
Skype reserves the right to charge for such products (at the normal rate) if Skype determines (in its reasonable discretion) that you are abusing the terms on which you accepted the offer, in particular if you are using any services, proxy or use other devices or anonymous IP addresses and we therefore cannot locate you.
8.4 Taxes: Skype may withhold VAT or other indirect taxes at a percentage rate (in accordance with applicable tax regulations) at the time of purchase of Skype Credit.
As a rule, the 15% VAT applicable in Luxembourg applies if you are in the EU and the products are bought and used in the EU.
If you are in Switzerland, 8% Swiss VAT applies. Other local taxes may apply in certain countries.
When you buy a voucher or prepaid card, depending on the country, 15% Luxembourg VAT, local VAT or other taxes will be deducted from the value of the voucher or prepaid card when redeemed.
You expressly waive your right to a VAT refund from Skype if, for whatever reason, the amount ultimately payable by Skype to the tax authorities is less than the VAT amount withheld from you at the time of purchase.
Your Skype Credit will be shown without such taxes.
The following EU areas are exempt from VAT according to Council Directive 2006/112 / EC on the common VAT system.
Since the Skype website does not allow users in these areas to benefit from this VAT exemption, the products are not offered in these areas: Athos, Canary Islands, French Overseas Departments, Åland Islands, Channel Islands, Helgoland, Büsingen, Ceuta, Melilla, Livigno, Campione d'Italia and the part of Lake Lugano belonging to Italy.
8.5 Third party fees: For the use of the software on mobile applications, part of the data allowance is used as part of the data package you have subscribed to from your mobile phone provider.
Use abroad can lead to significantly higher costs than normal use.
It is your sole responsibility to find out about possible roaming and other applicable charges from your mobile operator and to pay them.
9. PAYMENT
9.1 Skype Credit.
You can pay for selected paid products with your Skype Credit.
You can purchase Skype Credit using any of the payment methods offered by Skype.
The Skype Credit you purchase will be added to your account at the time of purchase (or, if you are using a Skype Credit voucher, at the time you redeem the voucher).
9.2 Inactive Skype Credit.
If you do not use your Skype Credit for 180 days (including the Skype Credit assigned to you by a Skype Manager administrator), Skype will set your Skype Credit status to inactive.
You can reactivate the Skype credit via the following link on the account overview page: https://secure.skype.com/account/credit-reactivate .. Reactivated Skype credit is non-refundable.
If you are a resident of Japan and you purchased Skype Credit on the Skype website, the terms of this paragraph do not apply to you.
Your Skype Credit will expire 6 months after the date of purchase.
You are not allowed to use Skype Credit on or after the expiration date.
9.3 Other payment methods.
Skype does not guarantee that you will be able to use your Skype Credit to purchase all products.
If you can't use your Skype Credit to purchase a product, Skype will provide you with another payment method.
Skype reserves the right to remove or change the available payment methods at its sole discretion.
9.4 Regular Payments.
If you choose to purchase your products as a subscription (monthly, every 3 months or annually as applicable), you acknowledge and acknowledge that these are recurring payments and that payments to Skype will be made according to the method you choose will continue on Skype at the recurring intervals you choose until you or Skype cancel the subscription.
9.5 Automatic recharge function.
(a) The auto top-up feature is automatically activated when you purchase Skype Credit.
If you do not want to do this, you must uncheck the box.
Your Skype Credit will be topped up with the same amount using the same payment method that you initially used when you signed up for the automatic top-up function, unless you change the amount at a later time via your user account.
For example, if you purchased € 10 Skype credit with your credit card, the top-up amount that is charged to your credit card is also € 10 Skype credit.
In the future, this amount will always be charged to your credit card if the credit in your Skype account falls below the limit set by Skype.
If you do not want to enable the automatic top-up function, please uncheck the box.
(b) If you order a subscription via an alternative payment method (i.e. neither credit card nor PayPal or Moneybookers (Skrill)) and activate the automatic top-up function, your Skype credit will be topped up with the amount necessary to cover the costs for the next to cover due subscription payment.
(c) You can deactivate the automatic top-up function at any time via the settings of your user account.
10. REFUND POLICY
10.1 If you purchase Paid Products directly from Skype, you are entitled to a fifteen day (15) cancellation period (a "Cooling Off") while you have not used the Paid Products.
In this case, the cooling off period will expire and your purchase cannot be canceled or refunded.
10.2 Outside the cooling-off period, only subscriptions that have not yet been used or have expired can be reimbursed.
10.3 Spending Skype Credit, assigning a Skype Number or using any aspect of a subscription counts as “using” a Paid Product.
You hereby expressly agree that Skype numbers can be assigned before the cooling off period has expired.
10.4 The cooling off period and refunds do not apply to paid products that (i) were purchased through an Independent Skype Partner (please contact the partner directly, who will be free to decide whether a refund will be granted), (ii) not purchased directly online from Skype (e.g. vouchers or prepaid cards), (iii) paid in cash through third party payment providers (such as Cash Payment Wallet) and (iv) paid by a Skype Manager administrator and your Skype Account have been assigned.
They also do not apply to Skype Developer membership.
10.5 If you believe that Skype has billed you incorrectly, you must contact Skype within 90 days of such billing.
Fees charged more than 90 days ago are non-refundable.
10.6 Skype reserves the right to reject a refund request if Skype has reasonable grounds of belief that (i) you are attempting to exploit this refund policy in an unfair manner, for example by submitting multiple refund requests for the same product; (ii) that you are violating these Terms; or (iii) if Skype has reasonable grounds to suspect that you are using its products or software with fraudulent intent or that your user account is being used fraudulently by a third party.
10.7 This Refund Policy does not affect your statutory rights in any way.
11. END YOUR RELATIONSHIP WITH SKYPE
11.1 You can terminate your relationship with Skype at any time and without legal challenge by requesting the closure of your user account, no longer using the software, products and / or websites of Skype and canceling all periodic payments.
11.2 Skype may terminate its relationship with you or terminate or temporarily suspend your use of the software, the user account or the user accounts, the products or the websites of Skype at any time and without legal objection:
(a) if you breach these Terms;
(b) if Skype has a reasonable suspicion that you are using Skype's software, products and / or websites to break the law or infringe the rights of any third party;
(c) if Skype has reasonable suspicions that you are attempting to unfairly exploit or abuse the Refund Policy or any of our other policies;
(d) if Skype has reasonable grounds to suspect that you are using its products, software and / or websites with fraudulent intent or that your user account is being used fraudulently by a third party;
(e) if you purchased Skype Credit from an unauthorized reseller;
(f) with respect to a particular product, thirty (30) days' notice if Skype decides to no longer offer that product;
(g) Immediately if requested to do so as a result of a change in law / policy by a regulator or an authority with a legitimate claim or by Skype's partners;
(h) with thirty (30) days' notice if Skype decides to no longer generally offer the Software to users in your jurisdiction.
11.3 Skype will effect such termination by no longer being able to access your user account, software, products and / or websites of Skype (as applicable).
We reserve the right to cancel user accounts that have been inactive for more than a year.
11.4 Consequences of termination: Upon termination of your relationship with Skype: (a) all licenses and entitlements to use the software, products and / or websites of Skype will be terminated with immediate effect; (b) You will cease all use of the software, the products and / or the Skype websites with immediate effect; and (c) You will immediately remove the software from all hard drives, networks and other storage media and destroy any copies of the software that may become owned or controlled by you.
12. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND DAMAGES
12.1 For the purposes of this Section 12, “Skype” includes all subsidiaries and affiliated legal entities and their officers, directors, agents, licensors and employees.
12.2 No warranty: TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE FOLLOWING APPLIES: THE SOFTWARE, PRODUCTS AND WEBSITES OF SKYPE ARE USED "AS IS" AND AT YOUR OWN RISK.
SKYPE MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH REGARD TO THE SOFTWARE, PRODUCTS AND / OR WEBSITES OF SKYPE, IN PARTICULAR WARRANTIES, CONDITIONS, TERMS AND CONDITIONS REGARDING THE TERMS, CONDITIONS, TERMS AND CONDITIONS.
FURTHERMORE, SKYPE DOES NOT ENSURE OR WARRANT THAT THE SOFTWARE, PRODUCTS AND / OR WEBSITES OF SKYPE WILL BE AVAILABLE AT ALL TIMES, ACCESSIBLE, UNINTERRUPTED, COMPLETELY AND FUNCTIONAL PERFECTLY.
IN ADDITION, SKYPE DOES NOT WARRANT ANY CONNECTION OR TRANSMISSION ON THE INTERNET OR THE QUALITY OF THE CALLS MADE THROUGH THE SOFTWARE.
12.3 Nothing in these Terms excludes or limits Skype's liability for (a) death or personal injury, (b) loss resulting from willful negligence or gross negligence on the part of Skype, (c) fraud or willful misinterpretation, or ( d) any liability that cannot be limited or excluded by applicable law.
12.4 No liability: YOU ACKNOWLEDGE AND AGREE THAT SKYPE IS NOT CONTRACTUAL OR
NON-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE) OR OTHER LIABILITY ASSUMES, REGARDLESS OF WHETHER SKYPE IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
THIS APPLIES TO ANY LIABILITY IN CONNECTION WITH OR DUE TO YOUR USE OF SKYPE'S WEBSITES OR INTERNET COMMUNICATION SOFTWARE OR OTHER SOFTWARE PROVIDED FREE OF CHARGE.
YOUR EXCLUSIVE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DIS SATISFACTION WITH SUCH SOFTWARE AND / OR THE SKYPE WEBSITES IS THE IMMEDIATE UNINSTALLATION AND STOPPING OF THE USE OF SUCH SOFTWARE AND / OR WEBSITES.
12.5 Limitation of Liability: Subject to Sections 12.3 and 12.4 above, Skype shall not be liable to you, whether contractual, extra-contractual (including negligence) or otherwise, regardless of whether Skype is advised of the possibility of such damage or loss, for:
(a) all indirect, special, incidental or consequential damages;
(b) any loss of income, business loss, actual or potential loss of profit, loss of opportunity, loss of goodwill or reputation (direct or indirect);
(c) any damage (direct or indirect) to or any damage to data (direct or indirect);
(d) any claim, damage or loss (direct or indirect) arising out of or related to:
(i) your inability to use the software to contact emergency services;
(ii) your failure to make additional arrangements for access to emergency services in accordance with paragraph 5.5 above;
(iii) the service restrictions in paragraph 5.6;
(iv) your failure to provide the 911 operator with accurate information about your whereabouts;
(v) Conduct of external emergency services and control centers to whom you may be connected.
(e) any claim, damage or loss (direct or indirect) arising out of or related to:
(i) any product or service provided by a third party under their own terms and conditions, including but not limited to Skype WiFi;
(ii) any third party technology;
(iii) all third party websites.
12.6 Subject to Sections 12.3 - 12.5 above, Skype's total liability to you or in connection with these Terms (contractual or non-contractual (including negligence) or any other liability) will NOT EXCEED, IN TOTAL, THE AMOUNT DEALED BY YOU FOR THE PRODUCTS IN THE 12 MONTHS PAYMENT WAS PAYED IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT ON WHICH THE RELEVANT CLAIM IS BASED ON, WITH THE MAXIMUM AMOUNT IN ALL CASES LIMITED TO FIVE THOUSAND EUROS.
12.7 If a third party has a claim against Skype in connection with or due to (i) your breach of these Terms; (ii) your breach of any applicable law or policy; (iii) your impairment or violation of the rights of any third party (including intellectual property rights); (iv) your User Submissions or (v) your complaint regarding a User Submission, you will hold Skype harmless and indemnify Skype from and against all damages, liabilities, losses, costs and expenses relating to such claim (including reasonable legal fees and costs) .
13. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
13.1 Third parties may offer products or services through the software and / or the Skype websites, e.g. B. games, applications, pictures, ringtones or avatars.
While Skype is not responsible for any such product or service, it will use all commercially reasonable efforts to assist you should you have problems paying for, downloading, or using the installation of such products or services.
Third party products or services may be subject to their own terms and conditions and privacy policy of the third party provider, which you must accept when downloading or installing.
You should review such terms and conditions before making a purchase or using any third party product or service.
Skype is not responsible if you fail to do so.
13.2 You acknowledge and agree that all third party product information and pricing displayed on Skype's websites relating to third party products and services is provided to Skype by the relevant third party provider (“Provider”).
The provider can change its prices or stop offering products at any time.
Skype is not involved in any transactions between you and any vendor whose products or services are listed on the Skype websites.
Skype has no control over, or responsibility, and makes no representations or warranties of any of the following: (i) prices, quality, performance, availability and terms of purchase for any product or service provided by the Supplier; (ii) payment transactions, delivery, returns and customer service activities related to it with the products or services obtained via the websites of the providers, (iii) the accessibility of the websites of the providers, (iv) completeness, truthfulness and correctness of the advertising or other materials which are available on or via the website of the provider, or other entries or content relating to such products and services displayed on the website, (v) links to the websites of the providers displayed on Skype's websites.
Any questions, complaints, or claims regarding any product or service provided by the vendor should be directed to the appropriate vendor.
13.3 The Skype software and websites may contain 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 materials contained on such third party websites.
The terms and conditions published on the respective website apply to your use of the websites of these third parties.
14. ADDITIONAL PROVISIONS
14.1 The Skype Etiquette provides guidelines on how to use Skype and how to treat other members of the Skype community appropriately and respectfully.
Please read these guidelines carefully.
They are part of the conditions.
14.2 If you wish to use the Internet communications software in connection with a broadcast, you must comply with the broadcast conditions of use.
You can find this at http://www.skype.com/legal/broadcast.
14.3 Software Development Systems (SDK) and Programming Interfaces (API).
Software development systems made available through Skype Developer on the Skype website (including "SkypeKit") and the use of application programming interfaces (API) set forth or provided by Skype are subject to their own licensing terms, in which case such licensing terms your use of them Determine software.
If you use such software development systems (SDK) or programming interfaces (API), you declare that you have read and accepted the applicable licensing terms, which can be found at http://developer.skype.com/. are available, have read and will comply with them.
14.4 The reference to Qik's free and open source software is included here by reference.
15. YOUR CONFIDENTIAL INFORMATION AND PRIVACY
Skype is committed to respecting your privacy and the confidentiality of your personal information.
We will process your personal information, 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 those terms are defined in Section 12.212 of the United States Federal Acquisition Regulations.
Use, duplication, or disclosure of the software or documentation by or on behalf of the US government is subject to the restrictions set forth in this agreement.
17. CONTACTING SKYPE
17.1 To contact Skype about the Skype software or the products sold under the brand name "Skype", please send your support request to support.skype.com.
17.2 To contact Skype about the Qik software or products sold under the brand name "Qik", please direct your support request to support.qik.com.
17.3 If you contact Skype using methods other than those listed in Sections 17.1 or 17.2, your request may not be processed.
18. MISCELLANEOUS
18.1 You consent to the use of electronic communications for the following purposes: entering into contracts, placing orders, creating other records, providing and changing communications and policies electronically, and Skype transaction records.
18.2 To optimize usability, Skype may provide you with a translation of the English version of these terms and conditions.
If there is a conflict between a non-English version and the English version of these Terms, the English version will govern your relationship with Skype.
18.3 These Terms create the entire agreement between you and Skype with respect to your use of the software, products and / or the Skype websites and supersede all previous agreements between you and Skype with respect to the software, products and / or Skype websites.
18.4 If any provision of these Terms or any part of a provision is held to be unlawful, invalid or unenforceable by any court or administrative authority of any competent jurisdiction and that particular provision (or part of it) is not fundamental to the Terms as a whole, then the legality, validity or enforceability of the rest of the terms.
Section 20.3 (i) governs what happens if parts of Section 20.3 (Arbitration Clause and Class Action Waiver) are found to be illegal, ineffective or unenforceable.
Section 20.3 (i) takes precedence over this section if it conflicts therewith.
18.5 Failure to exercise or delay in exercising any right, authority or remedy by Skype provided by these Terms or by law shall not constitute a waiver of such right, authority or remedy by Skype.
Any waiver by Skype of any breach of these Terms will not be deemed a waiver of any subsequent breach of the Terms.
18.6 You may not assign these Terms or any rights or obligations contained therein.
Skype may assign these Terms or any rights or obligations contained herein to any third party without notice.
18.7 This Paragraph 18, as well as Paragraphs 4.2, 12, 20.3, and any other provisions that are so expressed or clearly indicated that they will continue to exist or remain in effect if terminated, will continue to exist after the Terms are terminated.
18.8 You acknowledge and agree that Skype will not breach its obligations to you under these Terms if the Skype software, products and / or websites cannot be made available due to force majeure events.
A Force Majeure Event refers to events that are beyond Skype's control.
18.9 These Terms and Conditions, with the exception of Section 20.3, are governed by and construed accordingly and subject to the jurisdiction of the courts of Luxembourg.
Section 20.3 is governed by the United States Federal Arbitration Act.
18.10 AVC / H.264 NOTE: When using the software for video calling (i) between a PC and a non-PC device, or (ii) between non-PC devices, the AVC / H.264 Codec can be used for video functionality.
In this case, the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR PERSONAL AND NON-COMMERCIAL USE BY A CONSUMER FOR THE FOLLOWING PURPOSES OF "AVC-ALTITUDE: (i) AVC VIDEO ”) AND / OR (ii) DECODING OF AVC VIDEO ENCODED BY A CONSUMER FOR PERSONAL AND NON-COMMERCIAL USE AND / OR PROVIDED BY A VIDEO PROVIDER WITH A LICENSE TO PROVIDE AVC VIDEO.
A LICENSE IS NOT GRANTED AND MUST NOT BE ASSUMED FOR OTHER PURPOSES.
MORE INFORMATION IS AVAILABLE FROM MPEG LA, L.L.C. AT http://www.mpegla.com.
19. PRODUCT SPECIFIC REGULATIONS
19.1 Skype Numbers (formerly "Online Numbers") and Skype To Go Numbers
(a) Availability and Usage.
When we provide you with a Skype Number or a Skype To Go Number, you agree that:
(i) you do not own the number and are not entitled to use that number for an indefinite period of time;
(ii) the number provided to you is subject to applicable numbering rules and governmental procedures;
(iii) you will continue to comply with any specific number assignment requirements we may draw your attention to or that you follow any reasonable guidance from Skype or Skype's affiliates regarding the use of the numbers and the Products;
(iv) you do not transfer your number to any third party or attempt to transfer your number.
In particular, you are responsible for compliance with all requirements relating to the place of residence and / or the location, and
(v) You will provide us with accurate, complete and up-to-date information when we request it and you will notify us as soon as that information changes.
Skype reserves the right to change the terms and conditions relating to Skype Numbers and / or Skype To Go Numbers, in particular to impose new requirements regarding the place of residence or to change the existing requirements and / or to provide further user information for continued access to request such numbers.
In certain countries, you may be provided with a number by a Skype partner instead of Skype directly; you may need to enter into a separate agreement with such a partner.
(b) Other changes to the numbers.
If Skype needs to withdraw or change the number assigned to you, Skype will use commercially reasonable efforts to notify you by email, indicating the effective date of the change and, if possible, your new number.
If you do not want to accept this new number, you have the right to cancel your number.
19.2 User account in Skype Manager
(a) You may only belong to one Skype Manager at a time.
(b) Any Skype Number purchased prior to July 21, 2009 and assigned to you by a Skype Manager administrator must be withdrawn by the Skype Manager administrator if you leave Skype Manager for any reason.
The right to use the number and the termination of any such right are subject to the sole discretion of the Skype Manager administrator.
(c) Personal Data and Traffic Data - Members.
As a member of a Skype Manager account, you acknowledge and agree that the Skype Manager administrator may, subject to your consent, access detailed information about the processes on your user account, such as: B. Date, time, duration and destination number of all calls and SMS ("Traffic Data"), as well as details of purchases and downloads.
You can withdraw your consent at any time by changing the settings in your user account.
When you provide personal information, including your name and position, to the Skype Manager directory, you confirm that such information can be viewed by other members of Skype Manager.
19.3 Subscriptions
(a) Fair Usage Policy.
At Skype, we want all of our customers to get the best rates, called “subscriptions”, at the lowest possible price.
This fair use policy is designed to prevent fraud and abuse of our subscriptions by a low number of users.
In accordance with this policy, Skype's unlimited subscriptions in the respective countries of the subscription allow an unlimited number of calls to the respective landlines (with the exception of special and service numbers and toll and non-geographic numbers).
Unlimited calls to cell phones may also be included if specified at the time of purchase.
All calls are interrupted after a period of two hours and the number must be redialed.
Skype subscriptions are for individual use (personal or business) only, in accordance with our Usage Policy and this Fair Use Policy (“Lawful Use”).
The following is a non-exhaustive list of practices that are not considered lawful use:
(i) using subscriptions for telemarketing or call center purposes;
(ii) resale of inclusive minutes of the subscription;
(iii) sharing subscriptions among different users, whether through a telephone system, call center, computer or other means;
(iv) calling numbers (whether individually, sequentially, or automatically) to generate income for yourself or others as a result of the call; Exception: your personal business communication (in accordance with Section 4.1 of the Terms of Use); and
(v) unusual calling patterns that are inconsistent with normal, personal use of the subscription; Example: regular calls of short duration or calls to different numbers within a short period of time.
Other practices may be relevant to determining lawful use and Skype reserves the right to consider any illegal, improper, abnormal or unusual activity in order to make an appropriate determination.
Skype may choose to terminate its relationship with you or immediately exclude you from using your subscription if it is determined that you are using your subscription in violation of this Skype Fair Use Policy or the Skype Terms of Use.
If appropriate, Skype will notify you of the suspension or termination of your subscription and, if possible, an offer for an alternative subscription.
(b) Skype reserves the right to withdraw or modify subscriptions at any time.
If Skype changes the products included in your subscription, Skype will send an email notification detailing the changes and the effective date of those changes.
If you do not want to accept these changes, you have the right to cancel your subscription.
The termination will take effect on the date the changes take effect.
(c) The “World Package Plus” subscription has a minimum contract period of 2 years from the date of purchase.
You are not allowed to cancel the subscription until the minimum contract period of 2 years has expired, unless there is a breach of the terms on the part of Skype.
This subscription is billed monthly as a recurring payment.
19.4 Skype WiFi
Skype WiFi is provided by a Skype WiFi partner.
Your use of Skype WiFi is subject to each partner's terms and conditions.
Before starting a Skype WiFi session on a specific WiFi hotspot, you will receive a notification about the identity of the WiFi provider and its terms and conditions.
Read these terms and conditions.
By continuing your Skype WiFi session, you automatically agree to the terms and conditions.
You can have the use of Skype WiFi billed to your Skype Credit and the use of your Skype Credit is subject to these General Terms and Conditions.
19.5 SMS
There is a limit of 160 characters for each SMS.
If you write a longer message, it will be split into several SMS and each SMS will be charged individually.
If you send SMS to more than one person, you will be charged for each SMS sent to each recipient.
If Skype can't send your text message (for any reason), Skype will keep trying to send the message for up to 24 hours.
If the message cannot be sent properly during this period, the SMS fee will be automatically refunded to your Skype credit.
19.6 Group Video Calls
(a) The fair usage guidelines referred to herein can be found at www.skype.com/go/terms.gvc.fairusage.
Skype reserves the right to change the Fair Use Policy at any time.
Changes will take effect when posted on the Skype website.
By continuing to use a Skype Premium subscription after posting it on the Skype website, you are agreeing to be bound by the modified terms of the Fair Use Policy.
(b) Number of participants.
The number of participants allowed for a group video call varies from 3 to a maximum of 10, depending on system requirements. For more details, please visit www.skype.com/go/skypepremium.
(c) Switch to voice telephony.
If a Skype Premium subscription or a day pass expires during a group video call, if the maximum allowed under the Fair Usage Policy has been exceeded, or if the Skype Premium subscription owner leaves the call (and none of the other participants have a Skype Premium subscription has), the call is switched from video call to voice call.
(d) software versions.
If a participant in a group video call is using a version of the Internet communications software that does not support group video calling, the call will be switched to voice calling for that participant only.
For more details on the system requirements for group video calling, please visit www.skype.com/go/skypepremium.requirements.
(e) Live-Chat.
As part of the Skype Premium subscription, customer service is available via live chat.
This support is offered around the clock, but only in English.
19.7 Qik Premium Fair Use Policy
Qik Premium is subject to fair usage guidelines, which limit video storage per user to 15 GB per month, and the duration of a video cannot exceed 90 minutes.
After these maximum limits have been reached, you cannot upload any new videos during the month in question or continue recording beyond the 90-minute limit.
Skype reserves the right to change the Fair Use Policy at any time.
Changes will take effect when posted on the Skype website.
By continuing to use Qik Premium after it has been posted on the Skype website, you are agreeing to be bound by the modified terms of the Fair Use Policy.
19.8 Skype-Videonachrichten („Videonachrichten“)
If you don't have a Skype Premium subscriber, you can only send a limited number of video messages.
Furthermore, these have an expiry date.
Fair Usage Guidelines: These fair usage guidelines are designed to help prevent video messaging fraud and abuse.
Video messaging is for the personal, non-commercial use of individuals only and must be done at all times in accordance with these Terms (“Lawful Use”).
Skype reserves the right to consider any illegal, improper, abnormal, or unusual act to determine whether your activities meet the requirements of lawful use.
Skype may choose to terminate its business relationship with you or immediately suspend your account if it is determined that you are not using Video Messaging in accordance with the Fair Use Policy or these Terms.
20. PAY BY MOBILE PHONE
20.1 This section applies if you use a third-party payment system that enables you to have the purchase of Skype Credit and other paid products billed to your mobile phone bill (“Pay with Mobile”).
20.2 By selecting or using "Pay with mobile phone":
(a) authorize your mobile operator to charge applicable charges directly to your mobile phone bill;
(b) you affirm that you are the natural or legal person who is responsible for the mobile phone account linked to the mobile phone number you enter when using "Pay with mobile phone" or that you are authorized by this natural or legal person to settle such fees.
20.3 BINDING ARBITRATION AND CLASS ACTION WAIVER FOR US ACCOUNTS.
If you selected “Pay by Cell” for billing and your cell phone account is registered with a wireless operator in the United States or you are resident in the United States, the following additional terms apply:
(a) Paragraph 20.3 extends to any dispute between you and Skype or any third party including wireless carriers and Skype Affiliate Companies (collectively, the “Disputing Party” or “Disputing Parties”) in relation to your use of Pay With Mobile "Surrendered.
HOWEVER, IT DOES NOT EXTEND DISPUTES REGARDING ENFORCEMENT OR.
LEGAL ESTABLISHMENT OF INTELLECTUAL PROPERTY RIGHTS THAT YOU, SKYPE OR OUR LICENSEE MAY HAVE.
Dispute within the meaning of paragraph 20.3 refers to any dispute, act or other dispute that may arise out of contracts, warranties, tort, statutes, ordinances, provisions or in accordance with law and equitable.
Dispute is defined to the fullest extent permitted by law.
(b) In the event of a dispute, you must provide a third party notice to Skype or the other party to the dispute.
This is a written statement including the name, address and contact information of the party making the dispute, the facts underlying the dispute, and the desired remedial action.
This dispute notification to Skype or its partner company must be sent to the following address: Legal Department, Microsoft Corporation One Microsoft Way Redmond, WA 98052-7329, USA and to all other parties to the dispute at their main place of business in the USA, e.g. Hd.
Legal Department.
The party to the dispute will send third party notices to your address (if available) or the e-mail address at hand.
You and the party to the dispute will attempt to resolve the dispute through informal negotiation within 60 days of the date the notice is sent; then you or the party to the dispute can initiate the arbitration procedure.
(c) You may also bring any dispute to the court of jurisdiction for small damages claims in your place of residence, provided the dispute meets all the requirements for bringing an action before a small claims court.
You can bring low-value damages claims in a court of law, regardless of whether or not there were informal negotiations beforehand.
(d) Binding Arbitration.
If you and a party to the dispute are unable to resolve disputes through informal negotiation or in a minor lawsuit court, any further efforts to resolve the dispute will be made solely through binding arbitration under the United States Federal Arbitration Act ("FAA") ).
You waive your right to have disputes resolved by a judge or jury (or to participate in such actions as a party or group member).
Instead, all disputes are settled before a neutral arbitrator, whose decision is legally binding, but grants a limited right of appeal under the FAA.
Any court with legal jurisdiction over the parties can enforce the award.
(e) Class Action Waiver.
All procedures for judicial or extrajudicial clarification of disputes in any type of forum are carried out exclusively on an individual basis.
Neither you nor any party to the dispute will endeavor to bring a dispute as a class action, a general lawsuit brought by a privately appointed attorney, or in any other legal process in which both parties represent or suggest.
No arbitration or legal proceedings may be merged without the prior written consent of all parties involved in the arbitration or legal proceedings.
(f) Arbitration proceedings are conducted by the American Arbitration Association ("AAA") under the association's Commercial Arbitration Rules.
If you as a natural person use the software or products for private or household purposes or for a value in dispute of up to USD 75,000, regardless of your legal status and purpose, the Association's Supplementary Procedures for Consumer-Related Disputes also apply.
For more information, visit adr.org or call 1-800-778-7879.
In cases of up to $ 75,000 in dispute, Skype will promptly refund your filing fees and cover the AAA and arbitrator fees.
You and Skype agree to the terms and conditions governing procedures, fees, and incentives at go.microsoft.com/fwlink/?linkid=275219.
Submit the form available at go.microsoft.com/fwlink/?linkid=275627 to initiate the arbitration procedure at the AAA.
You agree to initiate the arbitration process only in the county of your residence, in the county of Santa Clara, California or at the headquarters of the other party to the dispute in the United States.
Skype and other parties to the dispute agree to initiate the arbitration process only in the administrative district of your place of residence.
(g) To the fullest extent permitted by law, any claim or dispute relating to your use of Pay With Cell Phone must be submitted within one year in the minor court (Section 20.3 (c)) or in an arbitration procedure (Section 20.3 (d)) be made.
This one-year period begins on the date on which the claim or dispute could first be asserted.
If such claims or disputes are not asserted within one year, they become statute-barred irrevocably.
(h) Rejection of Future Arbitration Changes.
You can refuse changes Skype makes to paragraph 20.3 (with the exception of a change of address) within 30 days of the change by sending written notice to the address given in paragraph 20.3 (b).
In the event of such a rejection, the last version of paragraph 20.3 prior to the change that you rejected will apply.
(i) If the class action waiver in Section 20.3 (e) is found to be unlawful, invalid, or unenforceable in respect of all or any part of a Dispute, Section 20.3 does not apply to those parts.
Instead, these parts will be separated and pending in court, while the remaining parts will proceed to arbitration.
If other provisions of paragraph 20.3 are found to be illegal, ineffective or unenforceable, this provision will not apply and the rest of the provisions of paragraph 20.3 will remain in full force and binding.
YOU EXPRESSLY CONFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, CLAUSES AND PROVISIONS DESCRIBED HEREIN.
BY CLICKING ON THE "ACCEPT" BUTTON OR
BY PROCEEDING TO INSTALL THE SOFTWARE OR USE THE SKYPE SOFTWARE, PRODUCTS AND / OR WEBSITES, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AND THAT YOU GIVE SKYPE THE RIGHTS SET FORTH HEREIN.
© Skype - Last update: April 2013