PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR STARTING USING SKYPE PRODUCTS OR SITES
The most important points
The user should read and understand this document in its entirety as it is essential from his point of view.
However, this document contains some of the most important points that should be given special attention:
NO EMERGENCY CALLS: The software is not a replacement for regular cellular or landline phones.
In particular, apart from the very limited number of situations indicated in point 5.
6 of these Terms (applicable only to Skype's Internet Communications Software), the Software does not allow calls to be made to emergency telephone numbers.
To ensure that you can make emergency calls when needed, make sure that alternative telecommunications solutions are available.
USE RESTRICTIONS: Some countries have restrictions on the use of the Software.
You are responsible for verifying that the law allows you to use the Software wherever you are.
NO OWNERSHIP OF NUMBERS: If Skype assigns you a Skype Number (formerly known as an "Online Number") or a Skype To Go Number, you will not become the owner of it or have the right to keep it forever.
Skype may change or remove the numbers assigned to you from time to time.
You may not transfer or attempt to transfer your Skype Number or Skype To Go number to any other person.
You must verify that you meet the numbering requirements presented when purchasing a Skype Number, otherwise the number may be picked up.
See also point 19.
1.
SKYPE ACCOUNT BECOMES INACTIVE AFTER 180 DAYS: After you top up your Skype account, please note that Skype Credit will become inactive after 180 days of inactivity.
See also point 9.
2.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER: If you are a US resident and choose to pay by mobile phone (see section 20), the binding arbitration clause and class action waiver will affect your rights under resolving disputes with Skype, its affiliates or other third parties, including mobile operators.
Please read section 20 carefully.
3.
1.
AGREEMENT BETWEEN YOU AND SKYPE
1.
1 Skype Internet Communications Software ("Internet Communications Software"), other "Skype" brand software ("Skype Software"), "Qik" brand software ("Qik Software") and related documentation (printed or electronic) , including any enhancements, modifications, enhancements, patches, updates, upgrades and new versions ("Updates"), made available for free or for a fee (collectively "Software") is licensed to you (not sold) by Skype Software Sàrl.
1.
2 Features and Products provided for free through the Software (excluding products and features provided for free only on a trial basis) ("Free Products") are provided to you by Skype Software Sàrl.
1.
3 Any additional products and functionality of the Skype Software or Qik Software as well as other "Skype" and "Qik" brand products that you pay for (including free trial products and features) ("Paid Products") are provided user by Skype Communications Sàrl.
1.
4 The term "Skype Website" means www.skype.com, www.qik.com (both operated by Skype Communications Sàrl) and any other Skype authorized website that links to these Terms.
1.
5 The term "Skype" means, as the context requires: Skype Software Sàrl, 23-29 Rives de Clausen, L-2165 Luxembourg, Luxembourg or Skype Communications Sàrl, 23-29 Rives de Clausen, L-2165 Luxembourg, Luxembourg;
The term "Products" means collectively Free Products and Paid Products;
The term "user" means the registered holder of a user account (as described in section 6.
1) who is the licensee in accordance with these Regulations.
1.
6 The contract between you and Skype is made up of the terms set out in this document, the fair use rules set out in this document, and the additional terms set out in clause 14 (collectively, the "Terms").
The provisions of this document shall apply to any discrepancies between the Fair Usage Policy or Additional Terms and Conditions and this document.
2.
ACCEPTANCE OF THE REGULATIONS
2.
1 In order to download the Software and / or use the Software, Products or Skype Websites, you must first agree to these Terms.
The User may accept the Regulations by: (a) clicking to accept it or consent to it; (b) the download and / or use of the Software, Products or Skype Websites.
We recommend that you print a copy of the Terms and Conditions for future reference.
These Terms and Conditions are effective from the date they are accepted until terminated by you or Skype in accordance with clause 11.
2.
2 You may not accept the Terms if: (a) You are not authorized to use the Software, Products or Skype Websites in accordance with the laws of the country in which you are or live; or (b) is under the legal age to enter into a binding contract with Skype.
2.
3 In some countries, Products may be supplied by a local Skype partner.
In this case, the local Skype partner may ask you to accept its own terms of service ("local terms").
To the extent of any inconsistency between such local rules and these Terms, the local rules shall apply.
3.
CHANGES IN THE REGULATIONS
3.
1 Skype may amend these Terms from time to time.
Such changes will be posted by Skype at www.skype.com/go/tou.
Changes to the fair use policy and / or additional terms will be posted on the applicable Skype Site.
The changes are effective from the time of their publication.
Please check the Regulations regularly.
You acknowledge and acknowledge that your express acceptance of the Terms or use of the Software, Products and / or Skype Websites after the date of publication of the updated Terms constitutes your consent to these Terms.
If you do not agree to the amended Terms, you may terminate your relationship with Skype in accordance with clause 11 below.
4.
LICENSE
4.
1 License.
Subject to compliance with these Regulations, the user receives a free, limited license, without the exclusive right to transfer the license or grant a license to others, to download and install the Software on a personal computer, mobile phone or other device, as well as for personal use of the Software through your own Skype or Qik user account ("User Account").
For the avoidance of doubt: (a) IT administrators acting on behalf of the company may download and install the Skype Software on personal computers or other devices used by company personnel; (b) you have the right to use the Software at a university or other educational institution, as well as at work.
Skype reserves all rights not expressly granted to you in accordance with these Terms.
4.
2 Restrictions.
The User acknowledges that he is not allowed to:
(a) license, resell, transfer, rent, lease, export, import, distribute, transfer or otherwise grant third party rights with respect to the Software;
(b) undertake, cause, consent or authorize to modify, derivative or improve, translate, reverse engineer, decompile, disassemble, decrypt, emulate, break, discover or attempt to discover the source code or protocols of the Software or any part thereof or functions (except to the extent permitted by law);
(c) remove, obscure or alter any copyright or other proprietary notices contained in the Software;
(d) use the Software (or any portion thereof) for commercial products or services, or to provide such products or services to third parties or cause them to do so.
The foregoing does not preclude your use of the Software for your own business communications, subject to clause 4.
1 above;
(e) use the Software in a way other than through your own User Account - this does not apply to the download and installation activities.
4.
3 Third Party Technologies.
If you use the Software preinstalled in, embedded, linked, distributed or used with third party products, hardware, software or devices ("Third Party Technologies") or downloaded by them, you acknowledge and agree to this, that: (a) it may be necessary to conclude a separate license agreement for the use of Third Party Technologies with an appropriate third party being the owner or licensor of a given technology; (b) some Products and / or features may not be available through Third Party Technologies; (c) Skype cannot guarantee that the Software will always be available on or in connection with Third Party Technologies.
4.
4 Information on Third Party Software.
The software may contain third party code which is licensed by Skype under this agreement and not by that third party.
Third-party code information, if provided at all, is provided for information purposes only.
Third party scripts to which the Software is associated or referenced are licensed by the third party that owns the code, and not by Skype.
5.
USE OF THE SKYPE SOFTWARE, PRODUCTS AND SITES
5.
1 Hardware: You need a broadband internet connection to use the Software and Products.
The user is responsible for providing all equipment required for internet access or communication, e.g.
headset, microphone, webcam.
5.
2 Use of Your Hardware: Internet Communications Software may use the processing power, memory, and Internet bandwidth of your computer (or other appropriate device) solely to facilitate communications and connectivity between users of the Internet Communications Software.
If your use of the Internet Communications Software is dependent on the CPU utilization and bandwidth of a third party's Internet connection, you acknowledge and agree that the license granted to you to use the Software for Internet Communications requires that you obtain approval from the appropriate third party. a third party for such use.
By accepting these Regulations, the user represents and warrants that he has obtained such consent.
5.
3 Software Updates: Skype may automatically check which version of the Skype Software you are using.
In order for the user to download or otherwise use the Updates, it may be necessary to agree to an updated version of these Regulations.
Skype is under no obligation to make any Updates available.
However, Skype may: (a) require you to download and install Updates; or (b) automatically download and install Updates from time to time, unless you have specified (in the Skype client software settings) that you do not wish to receive automatic Updates.
Microsoft or its affiliates and subsidiaries may also automatically download updates for the Skype for Windows Software if you have specified that you wish to receive Microsoft Updates.
These updates are required to maintain software compliance, deliver security updates or patches, and to offer new features, functions, or versions.
You must agree to receive such Updates from Skype in order to continue using the Skype Software, and you must agree to receive such Updates in accordance with these Terms.
5.
4 Use Suspension, Technical Improvements and Maintenance: Skype may, from time to time, perform maintenance or upgrade of the Software, Products or Skype Websites or the infrastructure enabling the Software, Products or Skype Websites to be used.
For this reason, Skype may temporarily suspend or restrict your use of some or all of the Software, Products, or Skype Websites pending maintenance and / or an upgrade.
If the issue is not urgent, Skype will post the date and time of such suspension or limitation in advance, to the extent reasonably foreseeable, on the Skype Website.
You may not claim any compensation for such suspension or restriction of your use of the Software, Products or Skype Websites.
5.
5 Lack of Access to Emergency Services: The Products and Software are not intended to operate or make calls to emergency telephone numbers in hospitals, law enforcement agencies, ambulance services, or other types of services that connect you to emergency services personnel or emergency call centers ("Emergency Services ").
There are important differences between traditional telephone services and Products.
You acknowledge and agree that: (i) Skype is not required under any applicable local or national law, ordinance or statute to provide emergency calls; (ii) you are responsible for purchasing, in addition to the Products, traditional wireless (cellular) or wired telephone services that provide access to emergency telephone numbers; and that (iii) the Software and Products do not replace the underlying telephony systems used by you.
For more information on calling the European emergency number 112, visit www.skype.com/go/emergency.
5.
6 Limited calls to emergency telephone numbers (Internet Communications Software only - not Qik Software)
5.
6.
1 In a very limited number of countries and only for certain versions of the Internet Communications Software and platforms, Skype will attempt to provide Limited Emergency Call Service as a standalone feature, but may not make any commitment to do so.
Click here to view a list of the countries ("Countries Supported"), software versions and other platforms ("Adapted Versions") for which Skype emergency calls are limited.
Skype emergency calls are not available for any other country, version or platform.
You should have traditional wireless (cellular) or wired telephone services to make calls to the Emergency Services and use Skype's limited emergency calling only as a last resort.
In particular, pay attention to the following issues:
(i) a power outage or failure of the battery or internet connection may result in Skype calls, including emergency calls, not being processed.
In addition, any quality limitations set out in point 5.
9 below may otherwise hinder a successful connection.
(ii) an emergency call using Internet Communications Software in a supported country (where available) may not receive the same priority over the network as a traditional wireless (cellular) or fixed line telephone service.
(iii) if a user is called to an emergency telephone number, they should provide the emergency operator with their physical location so that the appropriate Emergency Service can respond to the call and find the user.
If you are asked for this information but do not provide it, you acknowledge that your emergency call may not be effective and you will not be able to access the required Emergency Service using the Internet Communications Software.
In such event, Skype cannot be held responsible in any way for the user's failure to call the emergency number.
(iv) except in Supported Countries and Adapted Versions, Skype does not offer limited emergency calls in any country and on or in conjunction with any Products, or using any platform, device, service or operating system (including any products, platforms, devices, services or operating systems developed by third parties using the Skype API, Skype SDKs or otherwise).
5.
6.
2 In Supported Countries, you must configure the emergency call restriction feature by setting your default location for emergency calls on the Call Settings page of the Internet Communications Software on your computer (if you are using version 4.
1 or later for Windows or version 2.
8 or later for Mac OS X).
The user is responsible for the correctness of the location information and for updating it in the event of a change in the user's physical address.
Skype does not support emergency calls in most countries of the world.
In countries where limited emergency calls are supported, Skype will not charge you for making emergency calls, and you do not need Skype Credit.
However, if your country is not supported for restricted emergency call numbers, you should not attempt to make any emergency calls using the Internet Communications Software and acknowledge this.
If the User Account is used with the user's consent by another person, the user is obliged to notify that person of the restrictions on the availability of emergency calls.
5.
7 Content: Skype is not the source of, does not check, or approves of the content of the Software, and is not responsible for its content.
By using the Software, you acknowledge that any content you transmit may be sent to the recipient of the transmission.
The person who is its author is solely responsible for the content of the message.
This means that you may receive content that is offensive, illegal, harmful to minors, obscene, indecent or otherwise deemed inappropriate.
The content of the messages may be protected by intellectual property rights belonging to third parties.
You are responsible for the content you transmit or access using the Software.
In particular, you are responsible for ensuring that you do not submit material: (i) protected by copyright, trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you own or have such rights. consent from their rightful owner; (ii) deceptive or misleading; (iii) offensive, illegal, harmful to minors, obscene, defamatory, slanderous, threatening, pornographic, harassing, hateful, racist or ethnically offensive, encouraging behavior considered a crime or resulting in civil liability, violating any law or otherwise deemed inappropriate; (iv) containing advertising or business offers; or (v) implying that someone else is the author.
Skype reserves the right to review content to ensure compliance with these Terms, but is not obligated to do so.
Skype may, at its sole discretion, block, prevent delivery or remove content in order to protect the Software, Products and customers, or otherwise enforce these Terms.
In addition, Skype may, at its sole discretion, remove such content and / or terminate these Terms, and delete your Account if you use content that violates these Terms.
5.
8 Notice and Deletion If Skype is notified that any material posted, uploaded, edited, hosted, shared and / or posted on the Skype Website or through the Software (except personal communication) ("User Materials") is inappropriate or violates third party rights, or if Skype decides to remove User Materials for any reason, Skype reserves the right to automatically remove such User Materials for any reason, either immediately or within a period set at Skype's sole discretion, which may be changed from time to time. .
Your User Materials will be removed without any recognition of liability and without prejudice to any rights, remedies or defenses which are expressly reserved hereby.
You acknowledge and agree that Skype is under no obligation to restore such User Content at any time.
If your User Materials infringe your rights (including intellectual property rights) or are unlawful, or you believe that they are, please contact Skype immediately following our Notice and Takedown procedure.
Click here for the Notice and Takedown Procedure.
Skype reserves the right to verify your identity and request further information to verify your submission.
You acknowledge that you are solely responsible for the consequences of the report you submit (including, without limitation, the removal or blocking of User Materials) and acknowledge and agree that any reports may be used in legal proceedings.
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 Software, Products or Skype Sites will always function without interruption, delay or error.
The quality of communication and use of the Software, Products (depending on the Products used) or the Skype Sites may be affected by many factors that may cause communication errors, including, but not limited to: local network, firewall, Internet service provider, public Internet, public switched network telephone and power supply.
Skype is not responsible for any disruptions, interruptions or delays caused by the failure or defect of any of these or other items beyond its control.
5.
10 Product Changes: Skype is constantly improving the Software and Products, and may also change their technical parameters from time to time in order to comply with applicable laws.
Accordingly, you acknowledge and agree that the Products and the functionality of the Software may be changed from time to time.
Technical requirements for the use of the Products and Software as well as feature descriptions are available on the Skype Website.
If you do not agree to the changes to the Software and Products, you may terminate your relationship with Skype in accordance with section 11.
In order to use some Products, it may be necessary to upgrade them to a new version.
In addition, you acknowledge and agree that certain Products may be subject to use or geographic restrictions, which may change from time to time.
Details of the current restrictions on the use of the Products are available on the Skype Website for details.
5.
11 Unsolicited Material Skype does not consider or accept unsolicited material that contains suggestions or ideas, including, but not limited to, new product ideas, technology, promotions, product names, product feedback, and product improvement ("Unsolicited Material").
If you submit any Unsolicited Material to Skype via the Skype Website or otherwise, you acknowledge and agree that Skype is not obligated to maintain the confidentiality of such Unsolicited Material.
5.
12 Reports Certain parts of the Skype Websites or the Software may ask for written suggestions or reports of problems, e.g.
via the contact form or the problem reporting form ("Reports").
You should carefully read any specific provisions governing such Submissions.
Reports are considered the property of Skype.
Skype is the sole and perpetual owner of all worldwide known or future rights to Submissions and may use them for any commercial or other purpose without payment to the reporting user.
No Reports sent to Skype will be kept confidential and Skype will not be responsible for any disclosure of such Reports.
5.
13 Linking You may link to Skype Websites on your own sites, provided you do so in a fair and lawful manner that does not harm or use Skype's reputation.
You may not link in any way that suggests your affiliation with Skype or its approval or endorsement, unless it is in fact.
The User may not frame the Site on another site.
Skype provides a Qik brand flash player that you can embed into your own personal, non-commercial website to access content on the Skype for Qik website.
Skype may at any time, in its sole discretion, withdraw your consent to link to the Skype Sites, in which case it will send you a notification.
6.
USER RESPONSIBILITIES
6.
1 User account.
Before using the Skype Software and Qik Software for the first time, you will be asked to create a User Account and select a username and password.
We recommend that you choose a password that is difficult to guess and consists of letters, numbers and symbols.
The User may use the Software only through his User Account.
You are solely responsible for all activities carried out through your User Account.
To prevent unauthorized use of your User Account, keep your password confidential, do not disclose it to anyone, and do not use it to access third party websites or services.
If you suspect that your password is known to someone else, you must change it immediately to protect your User Account.
You are responsible for responding to unsolicited requests for credit card information, passwords, and other information.
Skype is not responsible for your failure to comply with the obligations set out in this Section 6.
1.
6.
2 Lawful Use: You must use the Software, Products and Skype Websites in accordance with the law of your place of residence.
Some countries have restrictions on the download and use of the Software, Products and / or Skype Websites.
You are responsible for checking that the law allows you to use the Software, Products and / or Skype Websites where you are.
6.
3 Prohibited use: The user is not allowed to:
(a) intercept, monitor, destroy or modify messages intended for another recipient;
(b) use any type of virus, worm, Trojan horse, time bomb, or other code and instruction designed to distort, delete, damage, emulate or disassemble the Software, Products, Skype Websites, transmissions or protocols;
(c) send unsolicited communications (also referred to as SPAM, SPIM or SPIT) or communications that are not permitted under applicable law, or use the Software, Products or Skype Websites to obtain a phishing, misrepresentation or fake affiliation with another person or entity ;
(d) present to third parties material that is offensive, harmful to minors, indecent or otherwise deemed inappropriate;
(e) use the Software, Products, or Skype Websites to offend, disturb, intimidate, harass or invade the privacy of any third party;
(f) use (including as part of a username and / or profile picture) any material or content protected by proprietary rights of third parties, unless you have a license or permission from the owner of such rights;
(g) collect or collect information from the Software, Products or Skype Websites that identifies individuals, including usernames;
(h) affect or attempt to affect the availability of the Software, Products or Skype Websites, for example, through denial of service (DOS) or distributed denial of service (DDoS) attacks;
(i) use or run any automated systems, including but not limited to: web robots, spiders, and offline browsers that access the Software, Products, or Skype Websites.
Notwithstanding the foregoing, you acknowledge that Skype grants permission to public search engine operators to use spiders to copy material from the Skype Website for the sole purpose of creating publicly available indexes of such material, and not for the purpose of caching copies or archiving the material.
Skype reserves the right to revoke this permission at any time.
6.
4 User Materials Please be respectful when participating in any form of activity provided through the features of the Skype Sites or the Software, such as forums, blogs, email, video hosting, sharing and / or publishing features, and any other features of the Skype Sites or the Software Skype that allows you to post, upload, edit, host, share and / or publish content.
You acknowledge and agree that: (i) by using the Skype Sites and / or the Software, you may come into contact with content that you may find offensive or indecent and use it at your own risk; (ii) is solely responsible, and Skype shall not be liable to you or any third party in any way for any User Materials created, transmitted, posted or posted on the Skype Website or through the Software; (iii) Skype does not guarantee the confidentiality of your User Materials, whether posted or unpublished; (iv) Skype is not responsible for any User Materials that may be accessed by you as part of your use of the Skype Sites or the Software, and the person from whom such User Materials originated is responsible for all User Materials.
Skype does not endorse the submission of User Materials, or any opinions, recommendations or advice contained therein, and expressly states that it will not be liable in any way in relation to User Materials.
The User, in connection with his User Materials, represents and warrants that:
(i) in accordance with these Regulations, is the owner or holder of the necessary licenses, rights, approvals, and permits to use any copyrights, trademarks, trade secrets, patents and other intellectual property rights or proprietary rights relating to any User Materials, as well as permissions to authorize Skype to exercise these rights; and
(ii) has written consent, permission to publish and / or permission from any identifiable individual in User Materials to use the name and / or image of each such person in User Materials to include their name and / or image of a given person and use them in User Materials as provided for in these Regulations.
You may not copy, post or use any text, photos, graphics, music, sounds, images or other content from any third party or other source ("Third Party Content") without the express permission of the owner.
Third party content may be protected by intellectual property rights, and the owners of intellectual property rights in such content may object to its use.
You may not use any Third Party Content without first obtaining permission from the person or entity that holds the intellectual property rights to that content.
Notwithstanding any of your rights and obligations under the Additional Terms (as set out below), if you submit User Materials to the Skype Website or through the Software or post them on the Skype Website or through the Software (except for your Submissions and content of your submissions), you will automatically grant Skype a non-exclusive, worldwide valid, irrevocable, free, perpetual, sub-licensable and transferable license that includes all rights to use, edit, modify, attach, incorporate, adapt, fix, publicly display, display, transmit and reproduce User Materials, including .in.
with all trademarks associated with them in any way in connection with the Skype Sites and the Skype Software and Products, including your license to use User Materials to promote and further distribute some or all of the parts of the Skype Sites and / or Software and Products on any media known now and developed in the future.
You hereby grant to all users of the Skype Website and / or the Software and Skype Products a non-exclusive license to access your User Materials through the Skype Website and / or the Skype Software and Products, and to use, copy, distribute, develop derivative items, display, display and transmit such User Materials only as permitted by the features of the Skype Sites and / or the Software and Skype Products and in accordance with these Terms of Use.
Furthermore, the user waives the so-called "
moral rights ”to User Materials to the extent permitted by applicable law.
You may not post or post via the Skype Site or the Software any User Content that is defamatory, defamatory, harassing, hateful, invasive, obscene, aggressive, illegal, racist, offensive, harmful to minors, infringes proprietary rights intellectual property of third parties or may result in civil or criminal liability.
In addition, you may not post or post User Materials that are deceptive or misleading, request funding or services, contain advertising, promotional material, junk mail, spam, chains of luck, or other similar items that imply that someone another is their author, or they contain virus programs or other programs designed to harm your computer's operation.
You agree not to make commercial offers to other users of the Skype Site or the Software regarding their User Materials.
You agree that you will not bypass or disable the security features of the Skype Website or the Software and features that prevent or limit the use of any content on the Skype Website or the Software or otherwise interfere with such content. functions.
6.
5 User Information: Skype may, from time to time, ask you for information to enable us to deliver the Software or Products to you.
The user must verify that such information is complete, up-to-date and accurate.
6.
6 No resale.
The Software and Products are for individual use only.
You may not resell the Software or Products to third parties or commercialize them.
6.
7 Export Restrictions: The software may be subject to international software export laws and regulations.
You agree to comply with all applicable national and international laws and regulations that apply to the Software, any restrictions on end users, uses and destinations imposed by national or similar authorities, and restrictions imposed on embargoed countries.
Internet communication software is subject to the US Export Administration Regulations (EAR) and is classified as ECCN 5D992 and Encryption Registration Number (ERN) R100351.
Therefore, it cannot be exported, re-exported or collected to any countries controlled by the fight against terrorism under the EAR regulations, including Iran, North Korea, Syria, Sudan and Cuba.
In addition, Internet Communications Software may not be exported, re-exported from, or downloaded by, US-sanctioned persons or entities, regardless of location.
See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736.
Skype will only make the Software available to you for download if you have confirmed that you are not such a person or entity and that the download will not otherwise violate US export control and sanctions laws.
7.
OWNERSHIP
7.
1 The Skype Software, Products and Sites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.
2 The content and compilations of content posted on the Skype Sites (excluding User Content), such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Skype, its affiliates or licensors and are protected by US and international copyright laws.
Such copyrighted content may not be reproduced without the express permission of Skype.
You may download these User Materials from www.qik.com which display a "download" link or other similar link and use them for your own non-commercial purposes.
Skype reserves all rights not expressly granted on the Skype Sites.
7.
3 Skype and / or its licensors retain exclusive ownership of the Software, Products, and Skype Websites and any intellectual property contained therein (worldwide, whether registered or not).
You agree not to take any action that may threaten, limit or interfere with Skype's intellectual property rights relating to the Software, Products and / or Skype Sites.
7.
4 "Skype", related trademarks and logos, and the "S" symbol are trademarks of Skype.
Skype has registered or applied for trademarks in many countries around the world.
Skype's trademarks and artwork may not be used in connection with any third party products or services in a way that may confuse customers or discredit or discredit Skype.
All other trademarks appearing on the Site and not owned by Skype or any related company are the property of their respective owners.
You are not authorized to register or use, and 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's intellectual property or are confusingly similar to them.
Please also refer to the Skype Trademark Usage Guidelines for details on the use of Skype's trademarks.
8.
CHARGES
8.
1 Calls to phones and premium numbers with Skype Credit:
(i) Calls to landlines and mobile phones: Charges payable for calls to telephones (not included in the subscription) consist of a connection fee (charged once for each call) and a minute fee for the call time, as specified at www.skype .com / go / allrates.
All connections will be disconnected after 4 hours.
You will need to redial the number to continue the call and an additional connection fee will be charged.
(ii) Premium Numbers: Calls payable to Premium Numbers are based on the minute rates listed at www.skype.com/go/rates-premium.
There are no connection fees.
(iii) Skype may change its rates for calling premium phones and numbers at any time without notice to you by posting the revised rates at www.skype.com/go/allrates.
The new rates will apply to subsequent purchases made after these rates are published.
Before making a call, you should check the current rates.
If the user does not accept the new rates, he should not make the call.
(iv) The duration of the call is expressed in units of minutes.
Incomplete minutes will be rounded up to whole minutes.
The connection fee, if applicable, is charged at the start of the call.
After the call is completed, the fractions of a cent in the billed amount will be rounded up to the nearest cent, e.g.
a total call cost of € 0.034 will be rounded up to € 0.04.
Connection fees are automatically debited from your Account balance during a call.
8.
2 Charges for Other Paid Products: Charges for other Paid Products will be confirmed before you complete your purchase of the product from Skype.
Skype may change the fees payable for the purchase of such Products at any time without notice to you.
You may decide whether to accept new fees before you make your next purchase of the relevant Product.
The new fees will apply to subsequent purchases made after these fees are posted.
8.
3 Promotional Offers: Skype may, from time to time, offer Paid Products for a trial period.
Skype reserves the right to charge you for such Products (at the normal rate) if Skype determines (in its reasonable discretion) that you are abusing the offer terms, e.g.
if it uses any services or devices, such as proxies or an anonymous IP address, that prevent it from being located.
8.
4 Tax: Skype may charge VAT or other indirect taxes at the appropriate rate (subject to applicable tax laws) at the time you purchase Skype Credit.
If you live in the European Union and buy and use the Products in the European Union, the 15% Luxembourg VAT will be charged.
If you live in Switzerland, the 8% Swiss VAT will be charged.
In some countries, other local taxes may apply.
Depending on the country of purchase, the vouchers or prepaid cards you purchase may be subject to Luxembourg 15% VAT, local VAT or other taxes that are deducted from the value of the vouchers or prepaid cards at the time they are redeemed.
You expressly waive any right to a VAT refund by Skype in the event that the amount of VAT ultimately payable by Skype to the tax authorities is for any reason less than the amount of VAT charged to you at the time of purchase.
The displayed Skype balance shows the status after all such taxes have been deducted.
In the following territories of the European Union, EU VAT is not applied in accordance with the Directive of the European Union 2006/112 / EC (as amended
d.)
on the common system of value added tax.
Skype does not provide users located within such territories with a VAT exemption and therefore we do not offer Products in the following territories: Autonomous Republic of Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland Island, Büsingen am Hochrhein, Ceuta, Melilla, Livigno, Campione d'Italia and the Italian waters of Lake Lugano.
8.
5 Third Party Fees: When the Software is used on mobile networks, the limit available under the data subscription purchased with the mobile operator is used.
Using the Software abroad may be significantly more expensive than normal use.
You are fully responsible for being informed and paying the roaming and other applicable charges from your mobile operator.
9.
PAYMENT
9.
1 Skype Credit.
You may pay for some Paid Products using Skype Credit.
You can pay for Skype Credit using any payment method Skype makes available to you.
Top-ups are converted into funds in your Account at the time of purchase (or at the time of redemption of the voucher if you are using a Skype Credit voucher).
9.
2 Inactive Skype Credit.
If you have not used Skype Credit (including credit allocated to you by your Skype Manager administrator) for a period of 180 days, your Skype Credit will become inactive.
You can reactivate Skype Credit by clicking the activation link on the My Account page at https://secure.skype.com/account/credit-reactivate ..
Re-activated Skype Credit is non-refundable.
If you are located in Japan and you purchase Skype Credit through the Skype Website, this section does not apply.
In this case, the validity of Skype Credit will expire 6 months from the date of purchase of the top-up.
You may not use Skype Credit on or after the expiry date.
9.
3 Other Payment Methods.
Skype does not guarantee that you will be able to use your Skype Credit balance to purchase any Product.
In the event that you cannot pay for a Product using Skype Credit, Skype will provide you with alternative payment methods.
Skype reserves the right to remove and change the available payment methods at its sole discretion.
9.
4 Recurring payments.
If you choose to pay for Products using a subscription (monthly, three-month or yearly - depending on the option selected), you acknowledge and agree that these are recurring payments that must be made to Skype using a payment method of your choice and at regular intervals of your choice until you or Skype terminates your subscription to the Product.
9.
5 Automatic account top-up.
(a) The auto top-up feature will be automatically enabled when you purchase Skype Credit, unless you clear the appropriate checkbox.
Your Skype account will be topped up with the same amount and using the same payment method as when you first turned on auto top-up, unless you later change the amount in your Account settings.
For example, if a user purchased Skype Credit for € 10 using a credit card, the amount charged to the user's credit card with automatic top-up will also be € 10.
In the future, the same amount will be charged to your credit card whenever your Skype Credit balance falls below a threshold that Skype periodically sets.
If you do not want to use the automatic account top-up function, please uncheck the relevant checkbox.
(b) If you have purchased a subscription using a payment method other than a credit card or PayPal or Moneybookers (Skrill) and you have enabled the auto top-up feature, your Skype account will be topped up with the amount needed to cover your next recurring subscription payment.
(c) You may turn off the automatic top-up feature at any time by going to your User Account.
10.
REFUND POLICY
10.
1 If you have purchased Paid Products directly from Skype, you may cancel your purchase within fifteen (15) days (the "Opt-Out Period"), provided you have not used the Paid Products in any way (in which case, the your purchase will expire and you cannot cancel your purchase or claim a refund.)
10.
2 After the expiry of the Cancellation Period, only subscriptions will be reimbursed, provided that they have not been used or expired.
10.
3 The spending of Skype Credit, the allocation of Skype Numbers, and the use of any aspect of your subscription constitute your “use” of a Paid Product.
You expressly acknowledge that Skype Numbers may be assigned prior to the end of the Cancellation Period.
10.
4 The following are not eligible for the cancellation and refund period: (i) Paid Products purchased through a Skype Partner (in which case you must contact the Skype Partner directly for a refund at its sole discretion); (ii) Paid Products not purchased directly from Skype over the Internet (e.g.
coupons or prepaid cards); (iii) Paid Products that have been paid for in cash using a third party payment method (such as an electronic cash payment wallet); (iv) Paid Products paid for and assigned to your Skype Account by the Skype Manager administrator.
The period of resignation from the purchase and refund is also not applicable to membership in the Skype Developer Zone.
10.
5 If you believe that Skype has incorrectly billed your billing, you must contact Skype within 90 days of the incorrect billing.
No refund will be given after 90 days.
10.
6 Skype reserves the right to decline a refund request if it has reason to believe that: (a) you are trying to fraudulently take advantage of the refund policy, e.g.
by submitting repeated requests for reimbursement on the same Product; (b) the user is in breach of these Terms; or (c) you are using the Products or Software in an unauthorized manner or a third party is using your User Account in an unauthorized manner.
10.
7 This reimbursement policy does not affect your statutory rights.
11.
TERMINATION OF THE RELATIONSHIP BINDING USER AND SKYPE
11.
1 You may terminate your relationship with Skype at any time without going to a court.
To do so, you must request the termination of your User Account, cease using the Software, Products and / or Skype Sites, and cancel any recurring payment requests.
11.
2 Skype may at any time, without going to court, terminate its relationship with you or terminate or suspend your use of the Software, User Accounts, Products or Skype Websites in the following cases:
(a) you are in breach of these Terms and Conditions;
(b) Skype has reason to suspect that you are using the Software, Products and / or Skype Websites to violate applicable law or to infringe the rights of a third party;
(c) Skype has reason to suspect that you are attempting to misuse or abuse the refund policy or any other applicable Skype policy;
(d) Skype has reason to suspect that you are using the Products, Software and / or Skype Websites in an unauthorized manner or that a third party is using your User Account in an unauthorized manner;
(e) you have purchased Skype Credit from an unauthorized reseller;
(f) Skype decides to stop offering a particular Product (effects only apply to that specific Product), in which case you will be notified thirty (30) days in advance;
(g) when required due to changes in law / regulations made by duly mandated regulatory authorities or bodies, or if so requested by any Skype partner, effective immediately;
(h) Skype elects to terminate its offering of the Software to all users in the same jurisdiction as you, in which case you will be notified with thirty (30) days' notice.
11.
3 Skype terminates its relationship with you by preventing you from accessing your User Account and the Software, Products and / or Skype Websites (as applicable).
Skype reserves the right to terminate any User Account that has been inactive for more than one (1) year.
11.
4 Consequences of termination of your relationship with Skype: Upon termination of your relationship with Skype: (a) all licenses and rights to use the Software, Products and / or Skype Websites will terminate immediately; (b) you must immediately cease all use of the Software, Products and / or Skype Websites; and (c) you will immediately remove the Software from all hard drives, networks and other media and destroy all copies of the Software in your possession or control.
12.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION AGAINST LIABILITY
12.
1 For the purposes of this clause 12, the term "Skype" also includes Skype's subsidiaries and affiliated legal entities and all their directors, officers, agents, licensors and employees.
12.
2 Disclaimer of Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS, AND SKYPE SITES ARE PROVIDED "AS IS" AND YOU USE THEM AT YOUR OWN RISK; SKYPE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AND FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND CONDITIONS WITH REGARD TO THE SOFTWARE, PRODUCTS AND / OR SITE SKYPE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE , NON-INFRINGEMENT, COMMERCIAL VALUE OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, SKYPE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND / OR SKYPE SITES WILL ALWAYS BE AVAILABLE, COMPLETE, WORKING UNINTERRUPTED, TERMINAL, UNSAFE, UNCLEAR, UNCLEAN, UNCLEAR.
SKYPE DOES NOT WARRANT AN INTERNET CONNECTION, INTERNET DATA TRANSMISSION OR THE QUALITY OF CONNECTIONS MADE USING THE SOFTWARE.
12.
3 Nothing in these Terms and Conditions shall exclude or limit Skype's liability for: (a) death or personal injury, (b) losses resulting from Skype's willful misconduct or gross negligence, error; and (d) any other liability that cannot be excluded or limited under applicable law.
12.
4 Exclusion of Liability: YOU ACKNOWLEDGE AND AGREE THAT SKYPE IS NOT RESPONSIBLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LIABILITY, WHETHER OR SKYPE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR LOSSES, RELATING TO YOUR USE OF SKYPE SITES, INTERNET COMMUNICATION SOFTWARE OR OTHER SOFTWARE AVAILABLE FOR FREE OR FROM SUCH USE.
YOUR ONLY RIGHT / REMEDY FOR ANY PROBLEMS AND FAILURES OF SUCH SOFTWARE AND / OR SKYPE SITES IS TO IMMEDIATELY DEPLOY THE SOFTWARE / SOFTWARE / SOFTWARE.
12.
5 Limitation of Liability: Subject to clauses 12 above.
3 i 12.
4, Skype will not be liable to you in contract, tort (including negligence) or any other liability, whether or not Skype has been advised of the possibility of damage or loss, for:
(a) any indirect, special, incidental or consequential damages;
(b) any loss of revenue, business opportunity, actual or projected profit, business opportunity, goodwill or reputation (direct or indirect);
(c) any data corruption (direct or indirect);
(d) any claim, damage or loss (direct or indirect) arising out of or in connection with the following:
(i) your inability to use the Software to make emergency calls;
(ii) the user's failure to provide alternative telecommunications solutions for making calls to emergency telephone numbers in accordance with point 5.
5 above;
(iii) the service limitations listed in section 5.
6;
(iv) failure by the user to provide the emergency telephone operator with accurate physical location information;
(v) the conduct of emergency telephone operators representing third parties and personnel at call centers who may be called by the user.
(e) any claim, damage or loss (direct or indirect) arising out of or in connection with the following:
(i) any products or services provided by third parties pursuant to their terms of service, including but not limited to Skype WiFi;
(ii) any Third Party Technologies;
(iii) any third party sites.
12.
6 Subject to points 12.
3 do 12.
5 above, Skype's total contractual and tort liability (including negligence) to you under or in connection with these Terms and Conditions SHALL NOT EXCEED YOUR TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS DURING THE 12 MONTHS IMMEDIATELY PRESENT CLAIMS, IN NO CASE THIS AMOUNT SHALL NOT EXCEED FIVE THOUSAND EURO.
12.
7 If any third party brings a claim against Skype that arises from (i) breach of these Terms by you, (ii) breach of applicable law or regulations by you, (iii) breach of third party rights (including intellectual property rights) by you , (iv) User Contributed User Materials; (v) User Submission in connection with User Contributed User Materials, or a claim that is related to any listed items, you agree to indemnify and hold Skype from all liability. damages, losses and expenses (including payment of reasonable legal costs and legal representation costs) related to such claims.
13.
THIRD PARTY WEBSITES, PRODUCTS AND SERVICES
13.
1 Third parties may offer products or services, including games, programs, images, ringtones or avatars, via the Software and / or the Skype Websites.
While Skype is not responsible for such products and services, if you encounter any problems with downloading, using, installing, or paying for such products or services, Skype will use commercially reasonable efforts to provide assistance or resolve the problem.
Third party products or services may be subject to the provider's terms of use and privacy policy, which may require approval upon download or installation.
You should read these terms and conditions before purchasing or using any third party products or services, and Skype shall not be liable if you fail to do so.
13.
2 You acknowledge and agree that any information about third party products and services and their prices displayed on the Skype Sites is provided to Skype by the appropriate provider ("Supplier").
The supplier may change prices or terminate the provision of its products or services at any time.
Skype is not involved in any transaction between you and any Provider whose products and / or services are displayed on the Skype Sites.
Skype has no control, responsibility or warranty regarding: (i) the price, quality, performance, availability or terms of purchase of the products or services offered by the Provider; (ii) any payment transactions, delivery, returns or after-sales activities related to products or services purchased from Suppliers' websites; (iii) the availability of the Suppliers' websites; (iv) the completeness, truthfulness or accuracy of any advertising and other materials available on or through Suppliers' websites or any combination of such products and services and other information about them displayed on the Skype Sites; (v) link to the Suppliers' websites on the Skype Sites.
Any questions, complaints or claims regarding any products or services offered by Suppliers should be directed to the appropriate Supplier.
13.
3 The Skype Software and Websites may contain hyperlinks to third party websites.
Skype is not responsible for such third party sites or their availability, and we do not endorse any content or material provided there.
Your use of such third party sites is subject to the terms and conditions posted on that site.
14.
ADDITIONAL REGULATIONS
14.
1 The Skype Etiquette provides guidelines on how to use Skype and how to properly treat other members of the Skype community.
Please read these guidelines carefully as they form part of these Terms and Conditions.
14.
2 If you wish to use the Internet Communications Software in connection with any broadcast, you must comply with the Broadcasting Terms and Conditions available at http://www.skype.com/legal/broadcast
14.
3 SDKs and APIs.
Software Development Kits (SDKs) provided through the Skype Developer Zone on the Skype Website (including the SkypeKit) and any application programming interfaces (APIs) disclosed or provided by Skype are subject to their own license terms that govern the use of such software.
By using any such SDK or API (as applicable), you acknowledge that you have read the applicable license terms available at http://developer.skype.com/.
and that he will follow them.
14.
4 Qik's Free and Open Source Software Notice is incorporated into these Terms by reference.
15.
CONFIDENTIAL INFORMATION AND THE PROTECTION OF THE USER'S PERSONAL DATA
Skype respects your rights to the confidentiality of your personal data.
Skype will process your personal data, data on calls made, and content transmitted in accordance with its Privacy Policy at http://www.skype.com/go/privacy.
16.
INFORMATION FOR GOVERNMENT USERS ONLY
The Software and Documentation are "Commercial Computer Software" and "Commercial Computer Software Documentation" respectively as these terms are defined in Section 12.
212 of the United States Federal Government Procurement Law
United States Federal Acquisition Regulations).
Any use, duplication or disclosure of the Software or Documentation by or on behalf of the US Government is subject to the restrictions set out in these Terms.
17.
CONTACTING SKYPE
17.
1 To contact Skype about Skype Software or Skype Brand Products, please send a support request through support.skype.com.
17.
2 To contact Skype about Qik Software or "Qik" Brand Products, please send a support request through support.qik.com.
17.
3 If you contact Skype by any means other than as set out in clause 17.
1 or 17.
2 User Submission may not be considered.
18.
MISCELLANEOUS
18.
1 You consent to the use of electronic communications to conclude contracts, place orders and create other documentation, as well as electronically deliver notices, applicable rules and amendments thereto, and lists of transactions with Skype.
18.
2 For your convenience, Skype may provide an English translation of these Terms and Conditions.
In the event of any discrepancy between the English language version of these Terms and the version in another language, your relationship with Skype is governed by the English language version.
18.
3 These Terms constitute the entire agreement between you and Skype with respect to your use of the Software, Products, and / or the Skype Sites, and supersede any prior agreement between you and Skype with respect to the Software, Products, and / or the Skype Sites.
18.
4 If any provision (or part thereof) of these Regulations is found by a competent court or administrative authority to be unlawful, invalid or unenforceable, such provision (or part of it) will be removed from these Regulations without affecting the legality, validity and enforceability the remainder of the Regulations.
Point 20.
3 (i) tells what happens if some of the provisions of clause 20.
3 (arbitration and class action waiver) turns out to be illegal, invalid or impossible to enforce.
Point 20.
3 (i) takes precedence over item 20.
3, if there are inconsistencies between them.
18.
5 The failure or delay in the exercise by Skype of any right or remedy provided for by these Terms or by law shall not constitute a waiver of such right or remedy Skype may exercise.
If Skype withdraws from exercising its rights due to a breach of these Regulations, this shall not constitute a waiver of exercising its rights in the event of a further breach of these Regulations.
18.
6 The User may not assign these Regulations or any rights and obligations arising therefrom.
Skype may assign these Terms, or any rights or obligations thereunder, to any third party without prior notice.
18.
7 This clause 18 together with items 4.
2, 12 i 20.
3 and any other provisions that are specified as valid in the event of termination or are expressly provided for as such, will survive termination of these Terms and Conditions.
18.
8 You acknowledge and agree that if Skype is unable to provide the Software, Products and / or Skype Websites as a result of force majeure, Skype will not be in breach of any of its obligations under these Terms and Conditions.
Force majeure means any circumstances beyond Skype's control.
18.
9 These Regulations (with the exception of point 20.
3) is regulated and interpreted in accordance with Luxembourg law and is subject to the jurisdiction of the Luxembourg District courts.
Point 20.
3 is regulated under the United States Federal Arbitration Act.
18.
10 Notice on AVC / H technology.
264: If the Software is used for video chatting (i) between a personal computer and a device that is not a personal computer, or (ii) between devices that are not personal computers, the AVC / H codec may be used.
264 to facilitate video connectivity.
In this case, the following legal notice applies: PURPOSE OF THE AVC PATENT PACK LICENSE, THE AVC VIDEO FUNCTION ON THIS PRODUCT IS LICENSED FOR PERSONAL AND NON-COMMERCIAL USE TO (i) "(i) VIDEO CODING (STANDARD) AND (ACCORDINGLY) ii) DECODING AN AVC VIDEO CODED BY THE CUSTOMER AS PART OF A PERSONAL AND NON-COMMERCIAL ACTIVITY AND / OR OBTAINED FROM A VIDEO SUPPLIER WHO IS LICENSED TO SUPPLY AVC.
NO LICENSE IS GRANTED, EXPRESS OR IMPLIED FOR ANY OTHER USE.
ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.
L.
C.
AT www.mpegla.com.
19.
SPECIAL PROVISIONS FOR PARTICULAR PRODUCTS
19.
1 Skype Numbers (formerly known as "Online Numbers") and Skype To Go Numbers
(a) Availability and Use.
If Skype provides you with a Skype Number or Skype To Go number, you agree that:
(i) does not own this number and has no right to keep it forever;
(ii) the number provided to it is subject to applicable numbering rules and regulatory practices;
(iii) will, on an ongoing basis, comply with any numbering requirements as notified by Skype and any reasonable instructions regarding the use of numbers and Products that may be provided to it by Skype or its partners;
(iv) may not transfer or attempt to transfer its number to any third party.
In particular, the user is responsible for compliance with any residency and / or residence requirements; and
(v) upon request, Skype will provide Skype with accurate, complete and up-to-date information and notify it of changes to such information.
Skype reserves the right to amend its terms and conditions relating to Skype Numbers and Skype To Go Numbers, including, but not limited to, imposing or changing any residency requirements and / or requesting additional user information as a condition of continuing to provide such numbers.
In some countries, the number may not be provided to you by Skype, but by a partner with whom a separate agreement may be required.
(b) Other number changes.
If Skype decides to take back or change the number provided to you, Skype will use commercially reasonable efforts to send you an e-mail notification stating the effective date of the change and, if possible, the new number.
If the user does not accept the new number, he has the right to delete his number.
19.
2 User account in Skype Manager
(a) You may not belong to more than one Skype Manager at a time.
(b) Any Skype Numbers purchased prior to July 21, 2009 and allocated to you by the Skype Manager administrator will be received by the administrator if you leave Skype Manager for any reason.
The right to use a number and the ability to cancel such right at its sole discretion rests with the administrator of the Skype Manager and not the user.
(c) Personal Data and Connection Data - Members.
The user who is a member of Skype Manager acknowledges and agrees that the administrator of Skype Manager may, with the user's consent, view detailed information about the activity on the User's Account belonging to the user, including the time, date, duration and destination number of calls made and SMS messages sent, as well as detailed information on purchases and downloads.
The User may withdraw his consent at any time by changing the settings in his User Account.
You acknowledge that if you provide your personal information, such as your name or job title, for inclusion in the Skype Manager directory, that information may be viewed by other members of that Skype Manager.
19.
3 Subscriptions
(a) Fair Usage Policy.
At Skype, we want all of our customers to have the best calling plans, called "subscriptions", at the lowest possible price.
Fair Usage Policy is designed to prevent subscription fraud and abuse by a small number of users.
In accordance with Fair Usage Policy, Skype's unlimited subscriptions allow unlimited calls to landlines in the countries covered by the subscription (except for special, premium, service and non-geographic numbers).
Unlimited calls to mobile phones may also be included in your subscription if specified during purchase.
All connections will be broken after 2 hours.
You will have to redial the number to continue the call.
In accordance with Skype's Terms of Use and Fair Use Policy, Skype subscriptions are intended for individual use only, that is, for personal or business communication ("Permitted Use").
Here is a non-exhaustive list of practices that do not qualify as Acceptable Use:
(i) using subscriptions for telemarketing or call center purposes;
(ii) reselling subscription minutes;
(iii) subscription sharing by multiple users - via a telephone exchange, call center, computer or any other means;
(iv) making telephone calls (individually, sequentially or automatically) aimed at generating profit for yourself or others as a result of the actual call, except for individual business communications (subject to compliance with point 4.
1 of the Regulations of Use); and
(v) unusual call patterns that deviate from the normal, individual use of the subscription, for example, making regular short calls or making multiple calls over a short period of time.
Other practices may be considered in the context of the Permitted Use and Skype reserves the right to not allow any illegal, prohibited, incorrect or non-standard activity.
Skype may terminate its relationship with you immediately or suspend the subscription if it determines that you are not using your subscription in accordance with these Fair Use Policy and Terms of Use.
Where appropriate, Skype will notify you of such misuse before suspending or terminating your subscription.
If appropriate, Skype may offer you a different subscription.
(b) Skype reserves the right to withdraw or change subscriptions at any time.
If Skype changes the Subscription Products, we will send you an email notification detailing the changes and the effective date.
If the user does not accept these changes, he / she is entitled to terminate the subscription.
Subscription will be terminated on the designated effective date.
(c) The "World - no extra limit" subscription has a minimum fixed term of 2 years from the date of purchase.
You may not terminate such subscription prior to the expiry of the minimum 2-year period, except in the event of a breach of these Terms by Skype.
The recurring payment for this subscription is charged monthly.
19.
4 Skype WiFi
Skype WiFi is provided by one of Skype's WiFi partners.
The use of Skype WiFi is subject to that partner's terms of service.
Before starting the session of connecting with a given access point to the WiFi network via Skype WiFi, the user will receive information about the name of the WiFi network operator and its terms of service.
The user will have to read the terms and conditions of the provision of services of a given operator, to which he will be bound when starting a session via Skype WiFi.
You can pay for Skype WiFi using Skype Credit, and the use of Skype Credit is subject to these Terms and Conditions.
19.
5 SMS messages
The length of each SMS is limited to 160 characters.
Entering a longer message will break it into several SMS messages and you will be billed for sending each one.
If you send one SMS to multiple recipients, you will incur separate charges for sending the message to each of them.
If Skype is unable (for any reason) to send an SMS, it will continue to attempt to send the SMS for no longer than 24 hours, after which the cost of the message will be automatically reimbursed by a transfer to your Skype Credit if it fails. to deliver the message.
19.
6 Group video calls
(a) The fair use policy available at www.skype.com/go/terms.gvc.fairusage - these are incorporated into these Terms by reference.
Skype reserves the right to change the fair use policy at any time.
Changes will be effective when they are posted on the Skype Site.
Your continued use of your Skype Premium subscription following the posting of the revised Fair Use Policy on the Skype Site will constitute your acceptance of the revised Fair Use Policy.
(b) Number of participants.
Depending on the system requirements, 3 to 10 people can participate in a group video call.
For more details, please visit www.skype.com/go/skypepremium.
(c) Converting to a voice call.
If your Skype Premium subscription or daytime access expires during a group video call, the fair use limit is exceeded, or the Skype Premium subscriber leaves the call (and none of the others has a Skype Premium subscription), the video call will be converted to a voice call .
(d) Software Versions.
In the event that a participant in a group video call does not have a version of the Internet Communications Software that supports group video calling, the video call will be converted to a voice call for that participant only.
Detailed information on system requirements for group video calling is available at www.skype.com/go/skypepremium.requirements.
(e) Live Chat Customer Support.
Live chat customer support is included with the Skype Premium subscription.
This form of customer support is offered in English only and is available 24/7.
19.
7 Qik Premium Product Fair Use Policy
Qik Premium is subject to the following fair use policy: each user gets 15 GB of video storage per month, and any video content must not exceed 90 minutes.
After these limits are exceeded, the user may not upload any new material for the month or continue recording beyond the 90 minute limit.
Skype reserves the right to change the fair use policy at any time.
Changes will be effective when they are posted on the Skype Site.
Your continued use of Qik Premium after the revised Fair Use Policy is posted on the Skype Site will constitute your acceptance of the revised Fair Use Policy.
19.
8 Video Messages in Skype ("Video Messages")
If you are not a Skype Premium subscriber, the number of Video Messages you can send is limited and will also have an expiry date.
Fair Use Policy: This Fair Use Policy is designed to prevent fraud and abuse of Video Messaging.
Video messages are for personal, individual and non-commercial use only, and must always be used in accordance with these Terms ("Permitted Use").
Skype reserves the right to prohibit any illegal, prohibited, incorrect or non-standard activities considered in the context of the Permitted Use.
If it is found that you are using Video Messages in violation of these Fair Usage Policy or the Terms, Skype may, at its sole discretion, terminate its relationship with you immediately or suspend your account.
20.
PAYMENT BY MOBILE PHONE
20.
1 This section applies if you select a third party payment system that allows you to pay for Skype Credit where applicable and certain Products payable through your mobile bill ("Mobile Payment").
20.
2 By choosing or using Mobile Payment, you:
(a) authorizes its mobile operator to charge the applicable fees directly to the mobile phone bill to you; and
(b) represents that he is, or is authorized by, the person or entity responsible for the account associated with the mobile phone number you provided when using Mobile Payments.
20.
3 BINDING ARBITRATION AND CLASS ACTION WAIVER (APPLIES TO UNITED STATES ACCOUNTS).
If you select Mobile Payment and your mobile bill is registered with a US mobile operator or you are a US resident, the following additional provisions will apply:
(a) Punkt 20.
3 applies to any dispute arising between you and Skype or any third party, including your mobile operator and Skype's affiliates (collectively, the "Other Party" or "Other Parties to the Dispute") relating to your use of from Mobile Payments, BUT THIS SECTION DOES NOT APPLY TO DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, SKYPE OR ANY OF IT'S LICENSORS.
The term "dispute" for the purposes of Item 20.
3, means any disputes, legal actions or other controversies arising from the contract, warranty, tort, statute, regulation, ordinance or any other legal basis or the principle of equity.
The term "dispute" will have the broadest possible meaning permitted by law.
(b) In the event of a dispute, you must provide Skype or another other party to the dispute with a Notice of Dispute in the form of a written statement containing the name, address and contact details of the party submitting the notice, as well as a description of the cause of the dispute and the redress requested.
You must send a Notice of Dispute to Skype or its affiliate at: Microsoft Corporation, ATTN: Legal Department, One Microsoft Way, Redmond, WA 98052-7329, and to any other party to the dispute at its U.S. headquarters. United with the annotation: ATTN: Legal Department.
The other party to the dispute will send a Notice of Dispute to the user's address, if they know their address, and otherwise to the user's e-mail address in the register.
You and the other party to the dispute will attempt to resolve the dispute by informal negotiation within 60 days from the date of dispatch Notice of Dispute.
After 60 days, you or the other party to the dispute may initiate arbitration proceedings.
(c) You may also bring a dispute to a court of
small claims in your country of residence, if the dispute meets all the admission requirements for a civil litigation tribunal
small civil claims.
The user can refer the dispute to the court of
Small Claims, whether or not it has conducted informal negotiations in the past.
(d) Binding Arbitration.
If you and the other party fail to resolve the dispute through informal negotiation or in a court of
Small Claims, any other action to resolve a dispute will be conducted solely in the context of binding arbitration, the rules of which are governed by the U.S. Federal Arbitration Act.
Federal Arbitration Act).
You waive the right to bring any dispute to court for consideration by a judge or jury, and you waive the right to participate in any dispute as a party to or participant in a class action lawsuit.
All disputes will be brought before an impartial arbitrator whose decisions will be final, unless a limited right of appeal under the Federal Arbitration Act applies.
Any court having jurisdiction over the parties may execute the arbitrator's award.
(e) Class Action Waiver.
Any proceedings aimed at resolving a dispute at any forum will be conducted only on an individual basis.
You and the other party to the dispute will not seek to resolve the dispute in a class action lawsuit under the Act authorizing citizens to act as a "private attorney general".
private attorney general action) or other proceedings in which either party acts or intends to act as representative.
The arbitration or any other proceeding will not be linked to any other proceeding without the prior written consent of all parties to participate in all such proceeding.
(f) The arbitration will be conducted by the American Arbitration Association ("AAA") under the AAA Commercial Arbitration Rules.
Commercial Arbitration Rules).
If the user is a natural person and uses the Software or Products for personal or home use, or if the value of the dispute does not exceed PLN 75,000,
USD (regardless of whether you are an individual or not and how the Software and Products are used), additional consumer dispute procedures will also apply.
Supplementary Procedures for Consumer-Related Disputes).
For more information, visit adr.org or call + 1-800-778-7879.
In the case of disputes, the value of which does not exceed the amount of PLN 75 thousand
USD, Skype will promptly reimburse you for filing costs and pay the AAA fees and arbitrator's fees.
You and Skype agree to the terms of procedure, fees and incentives at go.microsoft.com/fwlink/?linkid=275219.
To initiate arbitration, you must submit a form to the AAA, available at go.microsoft.com/fwlink/?linkid=275627.
You consent to commencing arbitration only in the county in which you reside, or Santa Clara County, California, or any other county in which the party opposing the dispute has its headquarters in the United States.
Skype and other parties opposing the dispute agree to commence arbitration only in the county in which you reside.
(g) To the extent permitted by law, any claim or dispute relating to your use of Mobile Payments must be filed within one year with the Mobile Payments Court.
small claims (point 20.
3 c) or in a court of arbitration (section 20.
3 d).
The one-year period begins with the first possible time limit for bringing an action relating to the claim or dispute.
If such a claim is not filed within one year, the case becomes statute-barred.
(h) Rejection of Future Arbitration Changes.
You may reject any changes made by Skype in section 20.
3 (except for address changes) by sending to Skype at the address provided in section 20.
3 (b), appropriate notification via the U.
S.
Mail (US public mail) within 30 days of the change.
In this case, the last version of section 20 will apply.
3 in force before the change rejected by the user is introduced.
(i) If the class action waiver described in section 20.
3 (e) is found to be unlawful, void or unenforceable as to all or some parts of the dispute, then clause 20.
3 shall not apply to the entire dispute or its parts.
Such parts of the dispute will be excluded from the proceedings and will be resolved by a common court, and the remaining parts of the dispute will be covered by the proceedings pending before the arbitration court.
If any of the provisions of clause 20.
3 is deemed illegal, invalid or unenforceable, then such provision will be excluded from this clause, and the remaining provisions of clause 20.
3 will remain in force.
THE USER EXPRESSLY ACKNOWLEDGES THAT YOU HAVE RECOGNIZED THIS TERMS AND CONDITIONS AND UNDERSTANDS THESE RIGHTS, OBLIGATIONS AND CONDITIONS.
BY CLICKING THE ACCEPT BUTTON AND / OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND / OR SKYPE SITES, YOU EXPRESSLY AGREE TO BE BOUND BY THE TERMS AND
© Skype - Last updated April 2013