https://www.skype.com/it/legal/ios/tos/ READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR BEFORE USING THE SKYPE PRODUCTS OR WEBSITES
Main points
It is important that you read and understand this document in its entirety.
However, it is necessary to underline some fundamental points:
EMERGENCY CALLS CANNOT BE MADE.
The Software does not replace the traditional fixed or cellular telephone line.
In particular, except for the circumstances set out in paragraph 5.6 of these Terms of Use (applicable exclusively to the Skype Software for internet communications), the Software does not allow calls to be made to emergency services.
If it becomes necessary to make emergency calls, other means of communication should be used.
CHECK RESTRICTIONS OF USE.
Some countries have certain restrictions on the use of the Software.
It is your responsibility to ensure that you can legally use the Software in the country in which you are located.
NO OWNERSHIP OF NUMBERS.
If Skype assigns a Skype Number (formerly "Online Number") or a Skype To Go Number, that number does not become your property and you do not acquire the right to keep it forever.
Skype may occasionally change or withdraw the assigned number.
You may not transfer or attempt to transfer your Skype Number or Skype To Go Number to any other person.
When purchasing a Skype Number, you must ensure that you comply with all allocation requirements displayed as failure to comply with these requirements may result in the number being withdrawn.
See also paragraph 19.1.
THE SKYPE CREDIT IS DISABLED AFTER 180 DAYS.
If you purchase Skype Credit, please note that it is deactivated after 180 days of inactivity.
See also paragraph 9.2.
ARBITRATION ARBITRATION CLAUSE AND WAIVER OF COLLECTIVE LEGAL ACTION.
For US residents using the Pay with a Mobile Device formula (see paragraph 20), if you have a dispute with Skype, its affiliates or other third parties, including mobile operators, your rights for any termination of the dispute are bound by the waiver of the collective action and an arbitration clause for ritual arbitration.
Carefully read paragraph 20.3.
1.
THE SKYPE CONTRACT
1.1 Skype internet communications software applications ("Internet Communications Software"), other "Skype" branded software applications (collectively "Skype Software"), "Qik" branded software applications ("Software Qik ") and associated documentation (in paper or electronic format), including any improvements, modifications, additions, corrections, updates and subsequent versions (collectively" Updates ") made available for free or for a fee, (collectively" Software ") are licensed on license (not for sale) from Skype Software Sàrl.
1.2 The features and products available for free through the Software, excluding products and features available for free on trial, (collectively "Free Products") are provided by Skype Software Sàrl.
1.3 Any additional product or feature of Skype Software or Qik Software, or any other "Skype" or "Qik" branded product, for a fee, including products or features available for free trial only, ("Paid Products") is provided by Skype Communications Sàrl.
1.4 "Skype websites" means www.skype.com, www.qik.com (both managed by Skype Communications Sàrl) and other websites authorized by Skype that refer 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 Free Products and Paid Products;
"user" means the person, the registered holder of the User Account (as described in paragraph 6.1) and the licensee, as set forth in these Terms of Use.
1.6 The contract with Skype consists of the terms and conditions set forth herein, together with any additional Conditions mentioned in paragraph 14 (collectively referred to as the "Conditions").
To the extent that there is any inconsistency between the Additional Terms and this document, the latter will prevail.
2.
ACCEPTANCE OF THE TERMS OF USE
2.1 In order to download and / or use the Software, Products and / or Skype Websites you will first need to accept these Terms of Use.
These Terms of Use are deemed accepted when (a) you agree to accept these Terms or (b) when you download and / or use the Software, Products and / or Skype Websites.
It is recommended that you print a copy of these Terms of Use, for reference.
These Terms of Use will remain in force from the date of acceptance until their termination, at the initiative of the user or Skype, in accordance with paragraph 11.
2.2 You may not accept these Terms of Use if: (a) you are not legally authorized to use the Software, Products and / or Skype Websites in the country where you are or reside or (b) if has not reached the legal age to enter into a binding contract with Skype.
2.3 In some Countries the Products may be provided by the local Skype partner.
In this case, the local partner may ask you to accept their terms of use ("local terms").
In the event of any discrepancy between the local terms of use and these Terms of Use, the local terms of use shall prevail in proportion to such discrepancy.
3.
CHANGES TO THE CONDITIONS OF USE
3.1 Skype may change these Terms of Use from time to time.
Skype will post these changes at www.skype.com/go/tou.
Changes to the Terms of Use and / or Additional Terms will be posted on the appropriate Skype Website.
The changes will be effective from their publication.
Please review the Terms of Use periodically.
You understand and agree that explicit acceptance of the Terms or use of the Software, Products and / or Skype Websites after the date of publication will constitute your consent to the updated Terms of Use.
If the user does not accept the modified Conditions, the relationship with Skype can be considered terminated in accordance with paragraph 11 below.
4.
LICENSE
4.1 License.
Provided that you comply with these Terms of Use, you are granted a limited free, non-exclusive, non-transferable, non-transferable license to download and install the Software on a personal computer, mobile phone or other device, as well as for your personal use of the Software through your personal Skype or Qik user account, as applicable ("User Account").
For the avoidance of doubt, (a) IT administrators working on behalf of a company will be able to download and install the Skype Software on personal computers or other devices used by that company's personnel, and (b) will be permitted use of the Software at universities, other educational establishments or workplaces.
Skype reserves all rights not expressly granted to you under these Terms of Use.
4.2 Limitations.
The user acknowledges that it is not allowed:
(a) sublicense, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights in the Software to any third party;
(b) undertake, cause, permit or authorize modification, creation of derivative works or improvements, translation, reverse engineering, decompilation, disassembly, reverse engineering, emulation, hacking, research or attempt to search for the source code or protocols of the Software or any part or feature (except as 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 it (or any part thereof) to be used in commercial products or services to third parties or to provide the same products or services.
The foregoing should not preclude the use of the Software for commercial communications, except as stated in paragraph 4.1 above;
(e) use the Software other than through your user account, except for download and installation purposes.
4.3 Third Party Technology.
If you use any Software that is pre-loaded, integrated, combined, distributed or used with, or downloaded to, any third party products, hardware, software applications, programs or devices ("Third Party Technology"), you acknowledge and agree that: (a) you may need to enter into a separate license agreement with the relevant third party or licensor for your use of such Third Party Technology, (b) certain Products and / or features may not be accessible through the Third Party Technology, and (c) Skype cannot guarantee that the Software will 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, and not the third parties, licenses to you under this agreement.
Any notices for third party code are included for informational purposes only.
Third party scripts linked, referenced or referred to in the Software are licensed to you by the third party owners of such code and not by Skype.
5.
USE OF THE SKYPE SOFTWARE, PRODUCTS AND WEBSITES
5.1 Devices.
In order to use the Software and Products, the user must have a broadband internet connection.
The user must have all the devices necessary to access the internet or to allow communications, such as headphones, microphones and webcams.
5.2 Use of devices.
The Internet Communications Software may use the processing resources, memory and bandwidth of your computer (or any other applicable device) of the user, for the sole purpose of facilitating communications and establishing the connection between the users of the Internet communications software.
If your use of the Internet Communications Software is dependent on the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that the license to use of the Software for internet communications is subject to the consent of the relevant third party for such use.
The user declares and signs that by accepting these Terms of Use he has obtained such consent.
5.3 Software Updates.
Skype can automatically verify the user's Skype Software version.
In order to download or use the Updates, the user must accept the updated version of these Terms of Use.
Skype is under no obligation to make such Updates available.
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 choose (via the Skype client settings) not to receive Automatic Updates.
Microsoft Corporation or its affiliates and associates may also automatically download Skype for Windows software updates if you have chosen to receive Microsoft Updates.
These updates are required to maintain software compatibility, provide security updates or fixes, or offer new products, features or versions.
You agree to receive these updates from Skype in order to continue using the Skype software and agree to such Updates under these Terms of Use.
5.4 Suspension, maintenance and technical improvements.
From time to time, Skype may perform maintenance or upgrades on the Software, Products, Skype Websites or infrastructure that enable you to use the Software, Products or Skype Websites.
This may result in Skype temporarily suspending or limiting the use of all or any part of the Software, Products or Skype Websites until such maintenance and / or update is completed.
To the fullest extent possible, and unless urgent action is required, Skype will post the time and date of such suspension or restriction on the Skype website in advance.
You will not be entitled to claim compensation for any such suspension or limitation of use of the Software, Products or Skype Website.
5.5 Inability to make emergency calls.
Neither the Products nor the Software provide for emergency calls to hospitals, law enforcement, health care units, or any other type of service that connects you to emergency services or public safety personnel ("Emergency Services ").
There are important differences between traditional telephone services and the Products.
You acknowledge and agree that: (i) Skype is under no obligation to provide access to emergency services, as required by applicable local or national law and / or regulation; (ii) it is your responsibility to purchase, separately from the Products, a landline or wireless (cellular) telephone service that offers access to emergency services; and (iii) the Software and Products do not replace the primary telephone service.
More information on calling 112, the dedicated emergency number for the EU, is available at www.skype.com/go/emergency.
5.6 Restricted Emergency Calls (Internet Communications Software only and not applicable to Qik Software)
5.6.1 In an extremely limited number of countries, and only for certain versions and platforms of the Internet Communications Software, Skype will attempt to provide limited emergency calling as a standalone functionality, although without commitment to do so.
By clicking here you can see the list of countries ("Enabled Countries"), software versions and other platforms ("Enabled Versions") that allow limited Skype emergency calls.
Skype Emergency Calls are not available for other countries, other versions or platforms.
Calls to Emergency Services will require a traditional landline or wireless (mobile phone) telephone line and use limited Skype Emergency Calls only in cases of extreme necessity.
In particular, keep in mind that:
(i) Power failure, battery failure, or internet connection failure may result in the termination of a Skype call, including calls to the Emergency Services.
Furthermore, the quality limits defined in the following paragraph 5.9 may affect the success of the connection.
(ii) Where available, an emergency call made with the Internet Communications Software in an enabled country may not have the same network priority as a call made over traditional wireless (cellular) or landline telephone lines.
(iii) After the connection of the emergency call, the user must indicate his position to the emergency services operator, to allow the necessary operations and the identification of the user.
If you do not provide this information, you are aware that the emergency call cannot continue and you will not be able to access the Emergency Services called with the Internet Communications Software.
In this case, Skype will in no way be responsible for the failure of the emergency call.
(iv) Except for Enabled Countries and Enabled Versions, Skype does not provide limited emergency calling in any country for or with any other Products or platforms, devices, services or operating systems (including products, platforms, devices, services or systems operations made by third parties using the Skype API or any software development kit or similar tool).
5.6.2 In the enabled countries, the user will have to configure the restricted emergency call functionality by setting the emergency call destination location as the default, in the call settings page of the Internet Communications Software (if uses version 4.1 for Windows (or later) or version 2.8 for Mac OS X (or later)).
It is your responsibility to ensure that this data is correct and up to date in the event of a change in your physical address.
Skype does not support emergency calls in most countries around the world.
Where limited emergency calling is supported, Skype calling will be free and Skype Credit is not required.
However, if restricted emergency calls are not supported in your country, you should not attempt to make emergency calls with the Internet Communications Software by accepting this restriction.
In the event that another person uses your account, subject to your prior authorization, it will be your responsibility to inform you of the provisions for limited emergency calls.
5.7 Content of communications.
Skype does not represent the source, endorse or assume any responsibility for the content of any communications made through the use of the Software.
By using the Software, you agree that any content expressed may be transmitted to the recipient of the communication.
The content of the communications is entirely the responsibility of the person from whom it originates.
The user could therefore be exposed to content that is offensive, illegal, harmful to minors, obscene, indecent or otherwise objectionable.
The content of communications may be protected by intellectual property rights owned by third parties.
You are responsible for the content you choose to communicate and which you access through your use of the Software.
In particular, the user assumes the responsibility not to send (i) material subject to copyright, protected by trade secret or otherwise subject to the proprietary rights of third parties, including rights of privacy and publicity, unless he is the owner of these rights or has the consent of the legitimate owner; (ii) false information or information that could cause damage; (iii) material that is offensive, illegal, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, disparaging, racially motivated or conducive to conduct considered a criminal offense, which may involve civil liability, which violates any law or however it is inappropriate; (iv) advertising or commercial invitations; (v) not to present themselves under a false identity.
Skype reserves the right (without any obligation) to review content in order to enforce these Terms.
Skype may, in its sole discretion, block, prevent or remove the contents of communications as part of its efforts to protect the Software, Products or customers, as well as compliance with these Terms.
Additionally, Skype may, at its sole discretion, remove such content and / or cancel these Terms and user account if the content used violates these Terms.
5.8 Notice and Removal.
If Skype receives any notice that defines material uploaded, modified, hosted, shared and / or posted by you on the Skype Website or through the Software, excluding personal communications, ("User Submissions") as inappropriate and that violates any right of any third party, or if Skype wishes to remove such User Contributions for any reason, Skype reserves the right to automatically remove, for any reason, such User Contributions, either immediately or at specified times from time to time. by Skype, in its sole discretion.
User Contributions will be removed, without any admission of liability and without prejudice to the rights, remedies or defenses, which are expressly reserved.
You acknowledge and agree that Skype has no obligation to restore such Contributions at any time.
If your Submissions infringe, or you believe they infringe, any of your rights (including intellectual property rights) or are found to be illegal, you should contact Skype immediately and follow the notice and removal procedure. of the same.
Click this link to view the Warning and Removal Procedure.
Skype reserves the right to request a verification of your identity and to collect additional information to verify the complaint.
You agree that you are solely responsible for the consequences arising from your claim (including, but not limited to, the removal or blocking of your Contributions) and acknowledge that any claim may be used in court.
Any false, misleading or inaccurate information provided by the user may result in civil and criminal liability.
5.9 Quality.
Skype cannot guarantee that the Skype Software, Products or Websites will always function without interruption, delay or error.
An unspecified number of factors could affect the quality of communication and use of Software, Products (depending on the products used) or Skype websites, and could lead to communication problems including, but not limited to: your local network, firewall, internet service provider, public internet, public telephone network and power supply network.
Skype assumes no responsibility for any malfunction, interruption or delay caused by the malfunction or inadequacy of any of these factors, or other factors over which Skype has no control.
5.10 Product Changes.
Skype is constantly improving the Software and Products and may change certain technical characteristics from time to time in order to comply with current regulations.
Accordingly, you acknowledge and agree that the Products and functionality of the Software may occasionally change.
Technical requirements for using the Products and Software and feature descriptions are available on the Skype Website.
If you do not accept such changes to the Software and Products, you may terminate your relationship with Skype in accordance with paragraph 11.
In order to benefit from some Products, it may be necessary for the user to upgrade to a new version.
You also agree and acknowledge that some Products may be subject to usage limits or geographic restrictions, which may vary from time to time.
Please visit the Skype Website for details on the most up-to-date usage restrictions regarding the Products you are using.
5.11 Unsolicited Proposals.
Skype does not consider or accept unsolicited proposals or ideas, including but not limited to ideas for new products, technologies, promotions, product names, product comments and product updates ("Unsolicited Comments").
If through the Skype Website or otherwise you submit unsolicited Comments to Skype, you agree and acknowledge that Skype will have no obligation of confidentiality on such unsolicited Comments.
5.12 Reports.
Parts of the Skype Websites or the Software may request written suggestions or problem reports through the use of contact or problem report forms ("Reports").
Carefully read any specific conditions governing such Reports.
Reports submitted are the property of Skype.
Skype will have the perpetual exclusive ownership of all existing and future rights relating to the Submissions and will have the right to use them for any purpose, commercial or otherwise, without having to pay any compensation to the author of the Submissions.
Any Report sent to Skype will not be treated as confidential and Skype will not be responsible for any disclosure of the content.
5.13 Connections.
You may connect to the Skype Website from another site owned by you, provided that this is done in a fair and legal manner and does not damage Skype's reputation or exploit its name.
You must not establish any links that would suggest any form of association, approval or authorization by Skype, where none exist.
The user will not be able to create frames of the Site, nor of any other site.
Skype provides the built-in Qik flash player functionality that you can embed on your personal, non-commercial website in order to access material on the Qik-branded Skype Website.
Skype may revoke permission to link to its Websites at any time and at its discretion without notice.
6.
USER OBLIGATIONS
6.1 User Accounts.
Before using the Skype Software and the Qik Software, the user must create a User Account and choose an ID and password.
It is recommended that you choose a password that is difficult to identify and that consists of letters, numbers and symbols.
You may use the Software only through your User Account.
You will be solely responsible for all activities conducted through your User Account.
In order to prevent unauthorized use, the user must not disclose his password, share it with third parties or use it to access third-party websites or services.
If the user suspects that someone may know the password, he must immediately replace it, in order to protect the security of his User Account.
The user will be responsible for not responding to requests regarding credit card, password or other data.
Skype assumes no responsibility for your failure to comply with the obligations described in paragraph 6.1.
6.2 Legal Use.
You must use the Skype Software, Products and Websites in accordance with the laws of the country in which 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 can legally use the Skype Software, Products and Websites in the country in which you are located.
6.3 Forbidden use.
The user will not be able to:
(a) intercept or monitor, damage or modify any communication intended for others;
(b) use any type of spider, virus, worm, Trojan horse, time bomb or other code or instruction intended to distort, delete, damage, emulate or disassemble the Software, Products, Skype Websites, communications or protocols ;
(c) send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any other communication not permitted by applicable law, use the Software, Products or Skype Websites for phishing or pharming or to impersonate or boast an affiliation with another natural or legal person;
(d) expose any third party to material that is offensive, harmful to minors, indecent or otherwise objectionable;
(e) use the Software, Products or Skype Websites to cause or attempt to cause embarrassment or annoyance, threaten, harass or violate the privacy of any third party; or
(f) use (as part of your user ID and / or profile picture) any material or content subject to proprietary rights of any third party, unless licensed or authorized by the rights holder; or
(g) collect personally identifiable information, including account names, from the Software, Products or Skype Websites;
(h) affect, or attempt to affect, the availability of the Software, Products or Skype Websites, for example, through DoS (Denial of Service) or DDoS (Distributed Denial of Service) network attacks;
(i) use or initiate automated systems including, but not limited to, "robots", "spiders", "offline readers" that access the Software, Products or Skype Websites.
Notwithstanding the foregoing, you agree that Skype grants public search engine operators permission to use spiders to copy material from the Skype Website for the sole purpose of creating indexes of public searchable materials, but not caches or archives of such material.
Skype reserves the right to revoke these exceptions at any time.
6.4 User Contributions.
You are encouraged to properly participate in the initiatives of the Skype Websites or the Software such as forums, blogs, e-mailing, video hosting, sharing and / or publishing or any other function on the Skype Websites or the Skype software that allows you to upload, edit, host, share and / or publish content.
You acknowledge and agree that: (i) by using the Skype Websites and / or the Software you may expose yourself to content that may be offensive or indecent and you do so at your own risk; (ii) you are solely responsible and Skype assumes no responsibility to you or any third party for your Submissions that you create, submit, display or post on the Skype Websites or through the Software; (iii) Skype does not guarantee any confidentiality with respect to your Contributions, whether posted or not, (iv) Skype will not be liable for any Contributions that you may have access to from the Skype Websites or the Software and all Contributions. of the user will be under the responsibility of the person who provided them.
Skype does not endorse any User Submissions or opinions, suggestions or advice expressed therein and expressly accepts no responsibility for your Submissions.
With regard to the User Contributions, the user declares and signs:
(i) to own or possess the necessary licenses, rights, authorizations and permissions for use and authorize Skype to use all copyrights, trademarks, trade secrets, patents and other intellectual property rights or proprietary rights relating to the Contributions of the user, in accordance with these Terms of Use;
(ii) to have the written consent and / or authorization of each individual identifiable person in the User Submission for the use of the name and / or image of each individual indicated in the User Submissions, in order to allow the inclusion and use of the same in accordance with the provisions of these Terms of Use.
You must not copy, publish or use text, photos, music, sounds, images or any other content from any third party or source ("Third Party Content") without the specific permission of the owner.
Such third party content may be protected by intellectual property laws, and the owners of the intellectual property rights of such content may object to its use.
You may not use any third party content without first obtaining the consent of the owner of the intellectual property rights on such content.
Regardless of any right or obligation governed by the Additional Terms (as defined below) if, at any time, you choose to upload or post User Submissions on the Skype Websites or through the Software (excluding the Reports and content of your communications), the user automatically grants Skype a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, assignable to third party and transferable license on all rights for use, modification, inclusion, integration, adaptation, registration , public presentation, display, transmission and reproduction of your Contributions including, without limitation, all associated trademarks relating to the Skype Websites and the Skype Software and Products, including for promotional or redistribution purposes, part or all of the Skype Websites and / or the Software or Products, on any existing or future inventive medium.
You also grant each user of the Skype Website and / or the Skype Software or Products a non-exclusive license to access your Contributions through the Skype Website and / or the Software or Products to use, copy , distribute, create derivative works, display, perform and transmit such User Contributions solely as granted by the functionality of the Skype Website and / or the Software or Products and in accordance with these Terms of Use.
Furthermore, you waive any so-called "moral rights" in relation to your Contributions, to the extent permitted by applicable law.
You may not post or post through the Website or Skype Software Slanderous, defamatory, pornographic, harassing, disparaging, privacy-infringing, obscene, abusive, unlawful, racist, offensive, harmful to a minor or that represent a violation of any third party intellectual property right or trade secret or that otherwise violate the rights of third parties or involve civil or criminal liability.
Furthermore, you will not be able to send or post User Contributions that contain false or distorted information, request funds or services containing advertising messages, promotional material, junk mail, spam, chain letters or any type of invitation, impersonate others users or include programs that contain viruses or other programs designed to compromise the functionality of computers.
You agree not to solicit, for commercial purposes, other users of the Website or the Skype Software in relation to their Contributions.
You further agree not to circumvent, disable or otherwise interfere with the security features of the Website or Skype Software or with features that prevent or limit the use of any content.
6.5 User information.
From time to time, Skype may request information from you for the purpose of providing the Software or Products.
The user must ensure that such information is complete, current and accurate.
6.6 Prohibition of Resale.
The Software and Products are intended for your personal use.
They must not be resold or marketed to third parties.
6.7 Export Limits.
The Software may be subject to international regulations governing the export of software.
You must comply with all national and international laws regarding the Software, as well as all limitations relating to the end user, end use and destination imposed by local governments or similar entities and the limitations imposed for countries subject to to embargo.
In the United States, Internet Communications Software is controlled by ECCN Article 5D992 of the Export Administration Regulations ("EAR") with the Encryption Registration Number ("ERN") number R100351, therefore it cannot be exported or re-exported United States or dumped by any person in any EAR-controlled country for anti-terrorism reasons, including Iran, North Korea, Cuba, Syria and Sudan.
In addition, the Internet Communications Software may not be exported or re-exported from the United States or downloaded by any person or entity subject to United States sanctions, regardless of location.
See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and section EAR Part 736.
Skype makes the Software download available only on the condition that you certify that you are not a person or entity subject to such sanctions or that you do not otherwise violate US export control or sanction regulations by downloading.
7.
PROPERTY 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 contents and content compilation of the Skype Websites (excluding User Submissions) such as music files, text, graphics, logos, icons, images, audio clips, software and digital downloads are the property of Skype, its affiliates or licensors and are protected by United States and international copyright laws.
Copyrighted material may not be reproduced without Skype's express consent.
The user can download User Contributions, and use them for personal and non-commercial purposes, at www.qik.com displayed with the words “download” or with a similar link.
Skype reserves all rights not expressly granted in the Skype Websites.
7.3 Skype and / or its licensors own the exclusive ownership of the Software, Products, Skype Websites and all intellectual property (whether registered or not, worldwide).
You may not take any action to compromise, limit or interfere with Skype's intellectual property rights relating to the Software, Products and / or Skype Websites.
7.4 "Skype", associated marks, logos and the "S" logo are trademarks of Skype.
Skype has registered and applied for the registration of its trademarks in numerous countries around the world.
Skype's trademarks and logos may not be used in connection with other non-Skype products or services in a manner that would cause confusion among users or disparage or discredit Skype.
All other trademarks that do not belong to Skype or other related companies on this site are the property of their respective owners.
You may not and must not register or use any trade name, trademark, logo, domain name or any other name or symbol that includes any Skype intellectual property (in whole or in part) or is similar to the aforementioned.
Also see the Skype Trademark Guidelines for more information on using Skype trademarks.
8.
RATES
8.1 Calls to Premium Rate Phones and Numbers with Skype Credit.
(i) Calls to landlines and mobile phones.
Rates for calling phones include (excluding subscription) a connection fee (one-time charge, for each call) and a per-minute rate, as indicated at www.skype.com/go/allrates.
All calls will be closed and will require the number to be redialed after 4 hours of conversation, with a charge for the connection fee.
(ii) Premium rate numbers.
Calls to premium rate numbers are charged per minute, which can be found at www.skype.com/go/rates-premium.
There is no connection fee.
(iii) Skype may change the rates for calls to premium rate phones and numbers at any time without notice by posting such changes at www.skype.com/go/allrates.
The new rate will be applied to the next purchase by the user following the publication of the modified rates.
Check the updated rates before making a call.
If the user does not intend to accept the new rates, he does not have to make the call.
(iv) The duration of a call is based on one minute increments.
Fractions of a minute are rounded up to the next minute.
The connection fee, if applicable, will be charged at the beginning of the call.
At the end of the call, the fractional cent charges will be rounded to the next cent - for example, the total price of a call of € 0.034 will be rounded to € 0.04.
Charges will be automatically deducted from your account's Skype Credit balance during the call.
8.2 Rates for other Paid Products.
Fees for other Paid Products will be confirmed to you prior to completing a Skype purchase.
Skype may change the rates for the purchase of such products at any time, without prior notice to you.
You may or may not accept the new charges before completing your next purchase of the applicable Product.
The new rates will be applied to the next purchase by the user following the publication of the new rates.
8.3 Promotional Offers.
From time to time, Skype may offer Paid Products for a free trial period.
Skype reserves the right to charge you for such Products (at the standard rate) if it determines (in its sole discretion) that you are in breach of the terms of the offer, including the use of any services, proxies or other devices. or anonymous IP address that prevents Skype from locating it.
8.4 Taxes.
Skype may collect VAT or other indirect taxes at the appropriate rate (in accordance with applicable tax laws) when Skype Credit is purchased.
If you are a resident of the European Union and the products are purchased and used in the EU, the Luxembourg VAT rate of 15% is generally applied.
For Swiss users the VAT rate applied is 8%.
Additional local taxes may apply in some countries.
When the user purchases a voucher or prepaid card, depending on the country, the 15% Luxembourg rate, local VAT and other taxes may apply which may be deducted from the value of the voucher or prepaid card at the time refund.
You explicitly waive any right of Skype for VAT refund if the amount to be paid by Skype to the tax authorities was for any reason less than the amount of VAT you charged at the time of purchase. .
Your Skype Credit balance is displayed net of these rates.
The following EU territories are outside the scope of VAT in the EU, as per Directive 2006/112 / EC relating to the common system of value added tax, as amended.
The Skype website does not allow users of these territories to take advantage of the VAT exemption and therefore the Products are not distributed in the following territories: Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland, Büsingen , Ceuta, Melilla, Livigno, Campione d'Italia and Italian waters of Lake Lugano.
8.5 Third Party Fees.
The use of the Software on other mobile applications is subject to the tariff plan available in the data package subscribed by the user with the mobile network operator.
Use outside your home country may incur costs significantly higher than normal use and it is your responsibility to inquire about roaming costs and any additional costs withheld by your mobile network operator.
9.
PAYMENT METHODS
9.1 Skype Credit.
You may purchase certain Paid Products using Skype Credit.
Skype Credit can be purchased with any payment method made available to you from time to time by Skype.
The Skype Credit purchased by you will be credited to your User Account at the time of purchase (or, if you are using a Skype Credit voucher, when you redeem the voucher).
9.2 Inactive Skype Credit.
If Skype Credit is not used for a period of 180 days, (including Skype Credit assigned to you by your Skype Manager administrator) Skype will render the credit inactive.
You can reactivate Skype Credit by following the corresponding link on the Account page at https://secure.skype.com/account/credit-reactivate .. For users located in Japan and purchasing Skype Credit from the Skype Website, this paragraph does not apply and Skype Credit will expire 6 months after the date of purchase.
Skype Credit cannot be used after its expiration date.
9.3 Other Payment Methods.
Skype does not guarantee that you will be able to use Skype Credit to purchase all Skype Products.
Where Skype Credit cannot be used to purchase a Product, Skype will arrange an alternative payment method for you.
Skype reserves the right to remove or change available payment methods at its sole discretion.
9.4 Recurring Payments.
In the event that the user decides to purchase the Products on a subscription basis, (monthly, quarterly or annually, where applicable), the user acknowledges and accepts that this is a recurring payment and that the payments will be made in favor of Skype. through the method of your choice and in the recurring intervals chosen by you, until your or Skype terminates your subscription for that Product.
9.5 Self-charging.
(a) The Auto Top-up feature will be activated automatically when you purchase Skype Credit, unless you uncheck the relevant box.
The Skype Credit will be reloaded with the same amount and through the same payment method chosen at the time of the Auto reload request, unless it has been subsequently modified by the User Account.
For example, if the user purchases 10 euros of Skype Credit with a credit card, the charge to the card for recharging will also be equal to 10 euros of Skype Credit.
In the future, the same amount will be charged to your credit card whenever the balance falls below the threshold set by Skype.
If you do not want to activate Auto-reload, uncheck the relevant box.
(b) If you have purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill) and activate Auto-Top up, your Skype Credit will be top-up with the amount needed to pay for the next renewal.
(c) You can deactivate the Auto Top-up at any time, through your Account.
10.
REFUND CRITERIA
10.1 With the purchase of Paid Products directly from Skype there is a fifteen (15) day right of cancellation (a "Cool-off Period") provided that such Paid Products have not been used in any way; in this case, said Cooling Off Period will be terminated and the purchase cannot be canceled or refunded.
10.2 Except for the Cooling Off Period, only subscriptions will be refunded, provided they have not been used or have expired.
10.3 The expense of Skype Credit, the assignment of a Skype Number or the use of what is referred to as a subscription, is considered to be "use" of a Paid Product.
It is hereby expressly agreed that Skype Numbers may be assigned prior to the end of the Cooling Down Period.
10.4 The Cooling Off Period and Refunds do not apply to Paid Products that (i) are purchased through a third party partner of Skype (contact the partner directly, who may decide at its sole discretion whether or not to pay the refund), are purchased directly online from Skype (for example, vouchers or prepaid cards) (iii) are paid in cash via third party payment methods (such as cash wallet payment) and (iv) are paid and assigned to the Skype Account a Skype Manager administrator.
These refunds also do not apply to membership in the Skype Developer group.
10.5 If you believe that Skype has mistakenly made a charge, you must contact Skype within 90 days of the charge.
No refunds will be made for charges exceeding 90 days.
10.6 Skype reserves the right to reject a refund request if it reasonably believes that (i) you are unfairly exploiting the refund criteria, for example, by submitting repeated refund requests for the same Product, (ii) you are in breach of these Terms of Use or (iii) if Skype reasonably suspects that you are using the Products or Software fraudulently or that your User Account is being used fraudulently by a third party.
10.7 These refund policies do not affect your statutory rights.
11.
TERMINATION OF THE RELATIONSHIP WITH SKYPE
11.1 You may terminate your relationship with Skype at any time, without recourse to legal proceedings, by requesting the termination of your User Account, discontinuing your use of the Software, Products and / or Skype Websites and canceling recurring payments. .
11.2 Skype may terminate your relationship with you, or may terminate or suspend your use of the Skype Software, User Accounts, Products or Websites at any time and without legal action:
(a) if you violate these Terms of Use;
(b) if Skype reasonably suspects that you are using the Skype Software, Products and / or Websites to violate the law or the rights of any third party;
(c) if Skype reasonably suspects that you are unfairly exploiting or misusing the refund policy or any of the Skype provisions;
(d) if Skype reasonably suspects that you are using the Skype Products, Software and / or Websites fraudulently 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, after thirty (30) days' notice, should Skype decide to discontinue offering that Product;
(g) immediately, if required due to changes in law / regulation by the legislator or by a mandated authority or by one of Skype's partners;
(h) with thirty (30) days notice, should Skype decide to discontinue offering the Software to users.
11.3 Skype will make such termination effective by preventing access to your Account, Software, Products and / or Skype Websites (where applicable).
Skype reserves 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 will immediately cease; (b) you will cease all use of the Software, Products and / or Skype Websites; and (c) you will remove the Software from all hard drives, networks and other electronic media and destroy all copies of the Software in your possession or control.
12.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
12.1 For the purposes of this paragraph 12, "Skype" includes its subsidiaries and affiliated legal entities and their directors, officers, agents, licensors and employees.
12.2 Disclaimer of Warranties: TO THE FULLEST EXTENT PERMITTED BY LAW: THE SKYPE SOFTWARE, PRODUCTS AND WEBSITES ARE PROVIDED "WITHOUT ANY ADDITIONAL WARRANTIES" AND ARE USED AT YOUR OWN RISK WITHOUT ANY WARRANTY; SKYPE MAKES NO WARRANTY, CLAIM OR REPRESENTATION AND DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR LEGAL, IN RELATION TO THE SOFTWARE, PRODUCTS AND / OR THE SKYPE WEB SITES INCLUDING, WITHOUT LIMITATION OR THE CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.
FURTHERMORE, SKYPE DOES NOT REPRESENT OR WARRANT THAT THE SKYPE SOFTWARE, PRODUCTS AND / OR WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR THAT THEY WILL OPERATE WITHOUT LOSS OF PACKAGE; FURTHERMORE SKYPE DOES NOT GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR THE QUALITY OF CALLS MADE VIA THE SOFTWARE.
12.3 Nothing in these Terms of Use will exclude or limit Skype's liability for (a) death or personal injury, (b) loss through intent or gross negligence by Skype, (c) fraud or fraudulent misrepresentation, or (d) any liability that cannot be limited or excluded by applicable law.
12.4 Disclaimer.
YOU ACKNOWLEDGE AND AGREE THAT SKYPE SHALL HAVE NO LIABILITY, WHETHER ARISING FROM THE AGREEMENT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LIABILITY ASSUMPTION, EVEN IF SKYPE HAS BEEN OR LESS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, FOR SUCH DAMAGES RELATION TO OR ARISING FROM THE USER'S USE OF THE SKYPE WEBSITES, INTERNET COMMUNICATION SOFTWARE OR OTHER KIND OF SOFTWARE GRANTED FREE OF CHARGE.
YOUR SOLE RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION RELATING TO THE SKYPE SOFTWARE AND / OR THE SKYPE WEBSITES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND Cease USE OF SUCH SOFTWARE AND / OR THE SKYPE WEBSITES.
12.5 Limitation of Liability: Except as specified in paragraphs 12.3 and 12.4 above, Skype will have no liability towards you, whether arising from the contract, from tort (including negligence) or from any other hypothesis of liability, even if Skype has or has not been informed of the possibility of such damage or loss, in relation to:
(a) any indirect, peculiar, occasional or consequential damage; or
(b) any loss of revenue, business, profit (actual or potential), opportunity, benefit or reputation (direct or indirect); or
(c) any damage to data (direct or indirect);
(d) any claim for compensation, damage or loss (direct or indirect) arising from or relating to:
(i) your inability to use the Software to call the Emergency Services;
(ii) impossibility of further measures to access emergency services in accordance with paragraph 5.5 above.
(iii) the limitation of services defined in paragraph 5.6;
(iv) the inability to provide information on one's position to an Emergency Services operator; or
(v) the behavior of the third-party Emergency Services operator to which the user may be connected;
(e) any claim, damage or loss (direct or indirect) arising from or relating to:
(i) any product or service provided by a third party under its terms of use including, without limitation, Skype WiFi;
(ii) any Third Party Technology;
(iii) any third party website.
12.6 Except as specified in paragraphs 12.3 - 12.5 above, Skype's overall liability to you in relation to these Terms of Use, (arising from the contract, tort, including negligence, or any other assumption of liability) SHALL NOT EXCEED TOTALLY THE AMOUNT PAID BY THE USER FOR THE PRODUCTS FOR THE PERIOD OF 12 MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE EVENT WHICH ORIGINATED THE RELEVANT CLAIM, WHICH WILL IN ANY CASE BE SUBJECT TO A MAXIMUM OF FIVE THOUSAND EUROS.
12.7 If a third party makes any claims against Skype that are attributable or attributable to you in relation to (i) breach of these Terms of Use; (ii) violation of regulations or laws in force; (iii) non-compliance or infringement of the rights of any third party (including intellectual property rights); (iv) User Contributions or (v) claims by you in relation to any User Contribution, you will indemnify and hold Skype harmless for any damages, liabilities, losses, costs and expenses (including costs and expenses legal) with respect to such claims.
13.
THIRD PARTY PRODUCTS, SERVICES AND WEBSITES
13.1 Third parties may offer products or services through the Software and / or the Skype Websites, including games, applications, images, ringtones or avatars.
While Skype assumes no responsibility for such products or services, should you encounter any problems with paying or downloading for using or installing such products or services, Skype will make every effort to provide support or solve such problems.
Third party products or services may be subject to the third party provider's privacy policy and conditions that the user must accept at the time of download or installation.
The user must read these conditions before making any purchase of third party products or services and Skype will in no case be liable if the user fails to do so.
13.2 You acknowledge and agree that any third party pricing and product information on the Skype Websites regarding their products and services is provided by the third party merchant ("Merchant").
The Merchant has the right to change prices or stop the availability of its products at any time.
Skype is not involved in transactions between you and any Merchant whose products and / or services are available on the Skype Websites.
Skype does not control, is not responsible for, and does not guarantee: (i) the prices, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, deliveries, returns or after-sales activities relating to the products or services purchased on the merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truthfulness or accuracy of advertising or other materials on or made available by Merchants' websites, or for any listings or other content relating to such products and services displayed on the Skype Websites; (v) links to Merchants' websites on the Skype Websites.
Any questions, complaints or claims relating to products or services provided by a Merchant should be directed to that Merchant.
13.3 The Software and Skype Websites may include hyperlinks to third party websites.
Skype is not responsible for third party websites or their availability and does not endorse any content or material from such third party websites.
The use of each of these third party websites is subject to the terms and conditions published on the website in question.
14.
ADDITIONAL CONDITIONS
14.1 The Skype Etiquette provides guidelines on the use of Skype and on the correct and respectful behavior to adopt towards other members of the Skype community.
Read the guidelines carefully, which are an integral part of these Terms of Use.
14.2 If you intend to use the Software for internet communications with any broadcast, you must comply with the Broadcast Terms of Use at http://www.skype.com/legal/broadcast
14.3 Software development kit and API.
The software development kits provided through Skype Developer on the Skype Website (including "SkypeKit") and the use of any API (Application Program Interface) exposed or made available by Skype are subject to the relevant license terms which, in the event , will govern the use by the user of this specific software.
If you use this software development kit or API (as applicable), you confirm that you have read and comply with the applicable license terms, which can be found at http://developer.skype.com/. .
14.4 The Free and Open Source Qik Software Notice is included herein by reference.
15.
CONFIDENTIAL INFORMATION AND PRIVACY
Skype is committed to respecting the privacy and confidentiality of your personal information.
Skype will process your personal information, traffic data and communication content in accordance with Skype's 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, and these terms are to be interpreted in accordance with the United States Federal Acquisition Regulations, section 12.212.
Any use, duplication or disclosure of the Software or Documentation by or on behalf of the United States Government is subject to the restrictions set forth in this Agreement.
17.
HOW TO CONTACT SKYPE
17.1 To contact Skype in connection with the Skype Software or "Skype" Branded Products, please complete a support request at support.skype.com.
17.2 To contact Skype in connection with the Qik Software or “Qik” Branded Products, please complete a support request at support.qik.com.
17.3 If you contact Skype with systems other than those specified in paragraphs 17.1 or 17.2, your request may not be considered.
18.
VARIOUS
18.1 You agree to the use of electronic communications to enter into contracts, place orders and create other records and for the electronic delivery of notices, regulations, changes and records of transactions made with Skype.
18.2 For your convenience, Skype may provide a translation of the English language version of these Terms of Use.
In the event of any discrepancy between the translated version of the Conditions and the English language version, the latter will govern the relationship with Skype.
18.3 These Terms constitute the entire agreement between you and Skype relating to your use of the Software, Products and / or Skype Websites and supersede any prior agreement between you and Skype relating to your use of the Software, Skype Products and / or Websites.
18.4 In the event that any of the clauses of these Terms of Use (or any part thereof), is held to be illegal, invalid or unenforceable by any court or administrative body of the competent jurisdiction, such clause (or any part thereof) must be removed from the Conditions, without affecting the legality, validity or applicability of the remaining Conditions.
Paragraph 20.3 (i) clarifies what happens if what is expressed in paragraph 20.3 (arbitration clause and waiver of class action) is illegal, invalid or unenforceable.
If there are any inconsistencies with what is specified in this paragraph, the provisions of paragraph 20.3 (i) will prevail.
18.5 Skype's failure to exercise, or delay in exercising a legal right or provision under the Terms or the law, will not constitute a waiver of such right or provision by Skype.
In the event that Skype agrees to a waiver of these Terms, this will not constitute an act of consent for future breaches of these Terms.
18.6 The user may not assign these Conditions or any rights or obligations contained therein.
Skype may, without notice, assign these Terms and the rights and obligations contained therein to any third party.
18.7 This paragraph 18, together with paragraphs 4.2, 12, 20.3 and other provisions, clearly expressed or which are intended to be persistent or still valid in the event of termination, will continue to be valid even after the expiry of the Conditions.
18.8 You acknowledge and agree that in the event that Skype cannot provide the Software, Products and / or Skype Websites due to a force majeure event, Skype will not be in breach of any obligation to you, under to these Terms of Use.
A Force Majeure Event means any event that is not under Skype's control.
18.9 Conditions not mentioned in paragraph 20.3 will be governed and interpreted in accordance with the laws of Luxembourg and will be subject to the jurisdiction of the courts of Luxembourg.
The terms set forth in paragraph 20.3 will be governed by the United States Federal Arbitration Act.
18.10 AVC / H.264 NOTICE: If the Software is used for video calls (i) between the personal computer and a non-personal computer device or (ii) between non-personal computer devices, the AVC / H.264 to enhance video functionality, in which case the following notice applies: AVC VIDEO FEATURE IN THIS PRODUCT IS GRANTED UNDER THE AVC PATENT LICENSE FOR PERSONAL AND NON-COMMERCIAL CONSUMER USE TO (i) ENCODE VIDEO IN COMPLIANCE TO AVC STANDARD ("AVC VIDEO") AND / OR (ii) DECODE ENCODED AVC VIDEO FOR PERSONAL AND NON-COMMERCIAL USE AND / OR PROVIDED BY AN AVC LICENSED VIDEO PROVIDER.
NO LICENSE IS GRANTED, EVEN IMPLIED, FOR ANY OTHER USE.
FURTHER INFORMATION IS AVAILABLE ON THE MPEG LA, L.L.C. AT www.mpegla.com.
19.
PRODUCT SPECIFIC CONDITIONS
19.1 Skype Numbers (formerly "Online Numbers") and Skype To Go Numbers
(a) Availability and Use.
When a Skype Number or Skype To Go Number is provided, the user recognizes:
(i) that I do not own the number or have the right to keep that number forever;
(ii) that the number provided is subject to applicable number laws and regulatory practices;
(iii) to regularly observe the specific requirements for assigning a number provided by Skype and any instructions that Skype or its partners may provide to you, in relation to the use of the numbers and the Products;
(iv) not to transfer or attempt to transfer your number to third parties.
In particular, the user will be responsible for compliance with the requirements relating to residence and domicile, and
(v) provide accurate, complete and up-to-date information when Skype requests it, communicating any changes to such information.
Skype reserves the right to change the conditions relating to Skype Numbers and / or Skype To Go Numbers including, without limitation, the right to impose or change residency requirements and / or to request additional information from you to continue to log in. to such numbers.
In some countries the number may be issued to you by a Skype partner, rather than by Skype, and you may be required to enter into a separate contract with that partner.
(b) Other changes to numbers.
Should Skype withdraw or change the number assigned to the user, Skype will notify the user, through the commercial tools available, with an e-mail message indicating the effective date of the change and, where possible, the new number.
In case the user does not wish to accept the new number, he will have the right to cancel the number.
19.2 User Account on Skype Manager
(a) You cannot be a member of more than one Skype Manager at a time.
(b) All Skype Numbers purchased before July 21, 2009 and assigned to you by the administrator of a Skype Manager must be returned to the administrator, if for any reason the user leaves the Skype Manager account.
The right to use the number and the cancellation of this right rests with the administrator of Skype Manager, at his sole discretion.
(c) Personal and Traffic Data - Members.
As a member of a Skype Manager account, you acknowledge and agree that the Skype Manager administrator may, with your consent, consult all data on the activity of your user account, including time, date, the duration and destination of all calls and SMS sent, as well as data on purchases and downloaded materials.
You can withdraw your consent at any time by changing the settings on your User Account.
By entering personal data, including name and title, in the Skype Manager directory, you are aware that this data can be viewed by other Skype Manager members.
19.3 Subscriptions
(a) Terms of Use.
Skype wants to offer its customers the best phone plans (“subscriptions”), at the lowest possible price.
These Terms of Use have been designed to prevent fraud and abuse relating to Skype subscriptions by a minority of users.
Under these Terms of Use, Skype's Unlimited subscriptions allow unlimited calls to landlines in applicable subscription countries (excluding special, support, premium and non-geographic numbers).
Unlimited calls to mobile phones may also be included where permitted at the time of purchase.
All calls are closed and provide for the number to be redialed if longer than 2 hours of conversation.
Skype subscriptions are intended for individual use, for personal or business communications, in accordance with the Skype Terms of Use (“Lawful Use”).
The following non-exhaustive list defines practices that are not to be considered as Lawful Use:
(i) Use of subscriptions for call center or telemarketing operations;
(ii) Resale of subscription minutes;
(iii) Sharing subscriptions between users via PBX, call center, computer or other means;
(iv) Number calls (single, sequential or automatic) to generate personal or third party revenue as a result of calls that cannot be defined as individual business communications and pursuant to paragraph 4.1 of the Terms of Use; is
(v) Unusual call types that do not conform to normal use of the individual subscription, such as regular short duration calls or calls to multiple numbers within a short period of time.
Other practices that could contribute to determining the legitimate use; Skype reserves the right to evaluate any illegal, prohibited, abnormal or unusual activity in defining such use.
Skype will have the right to terminate the relationship with its customer or immediately suspend the subscription if it determines that the latter is being used contrary to the Terms of Use.
Where plausible, Skype will disclose misuse prior to suspension or termination of your subscription and, if appropriate, may offer you an alternative subscription.
(b) Skype reserves the right to withdraw or change subscriptions at any time.
In the event that Skype changes the Products included in the subscription, Skype will send an e-mail notice stating the changes and the effective date of the same.
In the event that the user does not wish to accept these changes, he will have the right to cancel the subscription, starting from the date on which the changes become effective.
(c) The "Unlimited Mondo Extra" subscription has a minimum duration of 2 years, starting from the date of purchase.
You cannot cancel it before the 2 year minimum expiration date, except if Skype has breached the Terms.
The subscription is billed monthly as a recurring payment.
19.4 Skype WiFi
Skype WiFi is provided by one of Skype's WiFi partners.
Use of Skype WiFi is subject to the partner's terms of use.
Before starting a Skype WiFi session in a WiFi hotspot, the user will be informed about the identity of the WiFi provider and its terms of use.
The user will be required to read the terms of use, which he will have to accept, to proceed with the Skype WiFi session.
You can pay for Skype WiFi with Skype Credit, and use of Skype Credit is subject to these Terms of Use.
19.5 SMS
Each SMS message has a limit of 160 characters.
If the user types a longer message, it will be split into several SMS messages which will be charged accordingly for each message sent.
If the user sends SMS messages to multiple people, the charge will be equal to each message sent to each recipient.
If you are unable (for any reason) to send the SMS, Skype will continue to send the message until the next 24 hours, after which the SMS charge will be automatically refunded to your Skype Credit if the message fails to be delivered. successful.
19.6 Group video calls
(a) You agree to the Terms of Use available at www.skype.com/go/terms.gvc.fairusage and attached herein by reference.
Skype reserves the right to change the terms of use at any time.
The changes will become effective as soon as they are published on the Skype website.
Your continued use of your Skype Premium subscription following posting on the Skype Website will constitute your acceptance of the amended terms and conditions of use.
(b) Number of participants.
The allowed number of participants in a group video call varies from 3 to a maximum of 10, depending on system requirements.
More information is available at www.skype.com/go/skypepremium.
(c) Audio Conversion.
If during a group video call, a Skype Premium subscription or day pass expires or the limits set by the terms of use are exceeded, or the holder of the Skype Premium subscription leaves the call (and no other participant has Skype Premium subscription), the call will be converted from video to audio.
(d) Software Versions.
If a participant in a group video call uses a version of the Internet Communication Software that does not support group video calls, they will be able to join in audio only.
System requirements for group video calling are available at www.skype.com/go/skypepremium.requirements.
(e) Live chat.
The Skype Premium subscription includes live chat customer support.
Support is available 24 hours a day, every day and in English only.
19.7 Qik Premium Terms of Use
Qik Premium is subject to the terms of use of 15GB of video storage per user per month and each video cannot be longer than 90 minutes.
Once these limits are reached, you will not be able to upload new videos for the month or continue recording beyond the 90 minute limit.
Skype reserves the right to change the terms of use at any time.
The changes will become effective as soon as they are published on the Skype website.
Your continued use of Qik Premium following posting on the Skype Website will constitute your acceptance of the amended terms and conditions of use.
19.8 Videomessaggi Skype ("Videomessaggi")
Those who do not have a Skype Premium subscription can send a limited number of video messages, with an expiration date.
Terms of use.
These Terms of Use are intended to prevent abuse and fraudulent activity by means of video messages.
Video messages are intended for personal, individual, non-commercial use only and must comply with these Terms at all times ("Lawful Use").
Skype reserves the right to evaluate any illegal, prohibited, abnormal or unusual activity in the definition of such use and to determine whether such activity does not constitute a Lawful Use.
Skype will have the right to terminate the relationship with its customer or immediately suspend the account in cases where video messages are used contrary to the Terms of Use expressed here.
20.
PAY WITH A MOBILE DEVICE
20.1 This section deals with your choice of third party payment system that allows you to pay for Skype Credit and certain Paid Products on your mobile phone bill, where applicable ("Pay with a Mobile Device").
20.2 By selecting or using Pay with a mobile device:
(a) you authorize your cell phone operator to charge the charges directly to your cell phone bill e
(b) confirms that he is the natural or legal person responsible for the mobile phone account associated with the telephone number communicated when using Paga with a mobile device or that he has been authorized by such natural or legal person to pay such a charge.
20.3 RITUAL ARBITRATION AND WAIVER OF COLLECTIVE LAW FOR US ACCOUNTS.
If you select Pay with a mobile device and your mobile phone account is registered with a US mobile operator or you reside in that country, the following additional terms apply:
(a) Section 20.3 covers any dispute between you and Skype or any third party, including mobile operators and Skype affiliates (collectively referred to as "Contending Party" or "Contending Parties") in connection with your Pay with a mobile device user.
DISPUTES RELATING TO THE APPLICATION OR VALIDITY OF THE INTELLECTUAL PROPERTY RIGHTS OF USER, SKYPE OR SKYPE LICENSORS ARE EXCLUDED HERE
With regard to paragraph 20.3, a dispute means any dispute, action or other dispute regarding any principle of a contractual nature, guarantee, illegal act, regulation, regulation, provision or other legal or reasonable principle.
Disputes will be given the widest possible meaning in accordance with the provisions of law.
(b) In the event of a dispute, you must provide Skype or any other disputing Party with a Dispute Notice, which is a written statement containing the name, address and contact details of the party signing it, the facts that caused the origin and the compensation claimed.
Notice of Dispute should be sent to Skype or its affiliated company at: Legal Department, Microsoft Corporation One Microsoft Way Redmond, WA 98052-7329 and any other Contending Parties in the U.S. registered office, for the attention of: Legal Department .
The Contending Party will send the Dispute Notice to your address, if available, or your registered email address.
You and the Contending Party will seek to resolve the dispute through informal negotiation within 60 days from the date of dispatch of the Dispute Notice, after which the Contending Party may initiate an arbitration action.
(c) You may also initiate legal action in a small claims court in your country of residence if the dispute is eligible to be heard there.
It is possible to go to trial in these courts even if no informal negotiations have been initiated previously.
(d) Ritual Arbitration.
If you and the Contending Party fail to resolve the dispute in informal negotiation or in Small Claims Courts, any other resolution efforts will be handled solely through ritual arbitration governed in accordance with the Federal Arbitration Act (FAA ) United States (Federal Arbitration Dispute Resolution Act).
You waive the right to hear any dispute or participate as a member of the class action before a judge or jury.
Disputes will therefore be resolved before a neutral arbitrator, whose decision will be considered final, except for the limited right of appeal under the Federal Arbitration Act.
Any court having jurisdiction over the parties may enforce the arbitration award.
(e) Class Action Waiver.
Any legal action for the resolution or hearing of the dispute in any court will be handled solely on an individual basis.
Neither the user nor the disputing party will attempt to bring the dispute into a class action lawsuit, before an attorney general or before a proceeding in which one of the parties has or proposes the right to represent.
No arbitration or proceeding will be combined with any other without the prior written consent of all parties, for all relevant arbitration or proceeding.
(f) The arbitrations will be conducted by the American Arbitration Association (AAA) in accordance with the laws governing the application of commercial arbitration.
If you are a natural person and use the Software and Products for personal or home use, or if the value of the dispute is US $ 75,000 or less, regardless of whether you are a person or the use made the additional procedures for consumer product disputes will apply.
For more information, see adr.org or call + 1-800-778-7879.
In a dispute worth US $ 75,000 or less, Skype will promptly reimburse AAA's legal fees and arbitration fee.
You and Skype agree to accept the procedures governing dispute resolution, payment of fees and incentives at go.microsoft.com/fwlink/?linkid=275219.
To initiate arbitration, submit the form available at go.microsoft.com/fwlink/?linkid=275627 to AAA.
The initiation of the arbitration will be agreed only in your country of residence, Santa Clara County, California, or other relevant business location of the disputing Party in the United States.
Skype and the other Contending Parties agree to agree to arbitration only in your country of residence.
(g) To the extent permitted by law, any claims or disputes relating to your use of the Pay with a Mobile Device feature must be filed with a Small Claims Court within one year (paragraph 20.3 (c)). ) or submitted to arbitration (paragraph 20.3 (d)).
The one-year period begins when the claim or dispute can be filed for the first time.
If not filed within one year, such request or dispute lapses.
(h) Rejection of any changes to the arbitration.
You may reject any changes that Skype makes to paragraph 20.3 (other than changes to addresses) by sending Skype a notice within 30 days from the date of such change by post to the address communicated in paragraph 20.3 (b).
In this case, the most recent version of paragraph 20.3 prior to the rejected change will apply.
(i) If the collective action waiver referred to in paragraph 20.3 is found to be unlawful, invalid or unenforceable for all or some parties to the dispute, paragraph 20.3 will not apply to those parties.
On the contrary, these parts will be removed and submitted to court, while the remaining parts will remain under arbitration procedure.
If any other provision of paragraph 20.3 is found to be unlawful, invalid or unenforceable, that provision will be removed, with the remainder of paragraph 20.3 retaining full effect and effect.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET OUT HEREIN.
BY CLICKING THE ACCEPT BUTTON AND / OR PROCEEDING WITH THE INSTALLATION OR USE OF THE SKYPE SOFTWARE, PRODUCTS AND / OR WEBSITES, THE USER EXPRESSLY AGREES TO BE BOUND BY THE RELEVANT TERMS AND CONDITIONS AND TO GRANT THE RIGHTS HEREIN TO SKYPE CONTRACT.
© Skype - Last updated: April 2013