Code License managed by noble, submitted on 2015/03/13.
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR SKYPE WEBSITES
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:
NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. In particular, apart from in the very limited circumstances set out in paragraph 5.6 of these Terms (applicable to Skype’s Internet Communications Software only), the Software does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some regions there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.
NO OWNERSHIP OF NUMBERS: If Skype allocates to you a Skype Number or Skype To Go Number, you do not own the number or have a right to retain that number forever. Skype may need to change or withdraw the number allocated to you from time to time. You will not transfer or attempt to transfer your Skype Number or Skype To Go Number to anyone else. You must ensure you comply with any allocation requirements displayed when purchasing a Skype Number as failure to do so could result in the number being withdrawn. Please see also paragraph 19.1.
SKYPE CREDIT BECOMES INACTIVE AFTER 180 DAYS: If you purchase Skype Credit please be aware that it becomes inactive after 180 days of inactivity. Please see also paragraph 9.2.
1.5 “Skype’’ means Skype Software S.à r.l., 23 – 29 Rives de Clausen, L-2165 Luxembourg or Skype Communications S.à r.l., 23 – 29 Rives de Clausen, L-2165 Luxembourg as the context requires;
“Products” means collectively the Free Products and Paid For Products;
“you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.6 Your agreement with Skype is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional Terms referred to in paragraph 14 (collectively the “Terms”). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or Skype Websites in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with Skype.
2.3 In some countries the Products may be provided to you by Skype’s local partner. If so, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.
4.4 Third Party Notices. The Software and Skype Websites may include third party code that Skype, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by Skype.
5.6 Limited Emergency Calling (Internet Communications Software Only)
5.6.1 In a very limited number of countries, and for defined Internet Communications Software versions and platforms only, Skype will try to provide limited emergency calling as a stand-alone feature but can provide no commitment in this respect. See the full list of countries (“Enabled Countries”) and software versions and other platforms (“Enabled Versions”) that enable limited Skype emergency calling. Skype emergency calling is not available for any other countries, versions or platforms. You should keep traditional wireless (mobile) or fixed line telephone services available for your calls to Emergency Services and use Skype’s limited emergency calling only as an absolute last resort. In particular, please also note that:
(i) power cut, battery failure or internet connection failure can lead to a Skype call failure, including your call to Emergency Services. Additionally, any of the quality limitations set out in paragraph 5.9 below, may otherwise affect successful call connection.
(ii) where available, an emergency call made using the Internet Communications Software in an enabled country may not receive the same network priority as a call made using traditional wireless (mobile) or fixed line telephone services.
(iii) if your emergency call is connected, you will need to tell the Emergency Services operator that you speak to where you are physically located so that the correct emergency organisation can respond to your emergency and knows where to find you. If you do not provide this information when prompted, you acknowledge that your emergency call may not be completed and you will not be able to gain access to your required Emergency Services using the Internet Communications Software. Skype will have no liability for your failed emergency call in such circumstances.
(iv) other than for the Enabled Countries and Enabled Versions, Skype does not provide limited emergency calling in any country or for or in conjunction with any Products or using any platforms, devices, services or operating systems (including any products, platforms, devices, services or operating systems developed by third parties using Skype’s APIs, any of Skype’s software development kits or otherwise).
5.6.2 In Enabled Countries, you should configure the limited emergency calling functionality by setting your default location for emergency calling in the Call Settings page of your desktop Internet Communications Software (if you are using a 4.1 version for Windows (or later) or version 2.8 for Mac OS X (or later)). It is your responsibility to ensure that this location information is correct and kept up-to-date if your physical address changes. Skype does not support emergency calls in the majority of countries around the world. Where limited emergency calling is supported Skype will not charge you to make an emergency call and you do not need to have a Skype Credit balance. If however your country is not supported for limited emergency calling then you should not attempt to, and agree not to, make any emergency calls using your Internet Communications Software. If, with your permission, another user uses your User Account, it is your responsibility to inform that user of the limited circumstances in which limited emergency calling is available.
5.7 Content of Communications: Skype is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software, including but not limited to any media that is shared through our communication features. By using the Software, you grant Skype an intellectual property license to use the content of communications to provide the Products, for example to transmit your communication to the intended recipient.
Skype reserves the right to review content submitted on or through the Software, Products and Skype Websites for the purpose of enforcing these Terms. Skype may, in its sole discretion, block or otherwise prevent delivery of any instant message, SMS, video, media, or other communication to or from the Software, Products and Skype Websites as part of our efforts to protect the Software, Products, Skype Websites or our customers, or to otherwise enforce these Terms. The following rules apply to your conduct and content when using the Software, Products and Skype Websites:
(a) Do not use the Software, Products or Skype Websites to do anything illegal. You are responsible for your actions and the consequences of your actions.
(b) Do not send spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests.
(c) Do not upload, download or share inappropriate images (e.g. nudity, bestiality, pornography).
(d) Do not upload or share images or engage in any activity that exploits or harms children.
(e) Do not engage in activity that is false or misleading (e.g. attempting to ask for money under false pretenses or impersonating someone else).
(f) Do not engage in activity that is harmful to our Software, Products, Skype Websites or their users (e.g. viruses, stalking, engaging in hate speech, advocating violence against others).
(g) Do not infringe upon the legal rights of others (e.g. unauthorized sharing of copyrighted music, photographs and other content).
(h) Do not engage in activity that violates the privacy of others.
(i) Do not circumvent, disable or otherwise interfere with the security related features of the Software, Products or Skype Websites or features that prevent or restrict the use of any content.
We may ask you to remove your content if it violates these Terms or the law. Failure to comply may result in loss of access to, or cancellation of, your User Account. Additionally, Skype may remove your content without asking you if we determine it is in violation these Terms or the law or if we receive a notice of intellectual property infringement from a third party.
5.8 Notice and Take-Down: If Skype receives any notification that any material that you post, upload, edit, host, share and/or publish on the Skype Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if Skype wishes to remove your User Submission for any reason whatsoever, Skype reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Skype in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Skype is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. Skype reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.9 Quality: Skype cannot guarantee that the Software, Products or Skype Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or Skype Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Skype takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.10 Changes to Products: Skype is constantly improving the Software and Products and may change them at any time. Additionally, there are reasons why Skype may stop providing the Software and Products (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in paragraph 11.2. As a result of such changes, you may need to use an upgraded version of the Software. Technical requirements for use of Products and Software and feature descriptions are available on the Skype Website. If you do not agree with any changes to Software and Products you may terminate your relationship with Skype in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Skype Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
5.11 Unsolicited Ideas Skype does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Skype through the Skype Website or otherwise, you acknowledge and agree that Skype shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
5.12 Reports Certain parts of the Skype Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Skype. Skype shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Skype will not be treated as confidential and Skype shall not be liable for any disclosure of the Reports.
5.13 Linking You may link to the Skype Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Skype where none exists. You may not frame the Site on any other site. Skype may revoke the permission to link to the Skype Websites at any time at its sole discretion and will notify you in this respect.
(ii) Premium rate numbers: The charges payable for calling premium rate numbers consist of a per-minute rate available at www.skype.com/go/rates-premium. No connection fee is payable.
(iii) Skype may change the rates for calling phones and premium rate numbers at any time without notice to you by posting such change at www.skype.com/go/allrates. The new rate will apply to your next use after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
(iv) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. Any fractional currency unit charges will be rounded up to the nearest whole minimum currency unit, for example a total call price of €0.034 will be rounded up to €0.04. Charges incurred will be deducted automatically from the Skype Credit balance in your User Account.
8.2 Charges for other Paid For Products: The charges for other Paid For Products will be confirmed to you before you complete a purchase from Skype. Skype may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published. Fractional currency unit charges for SMS and Skype WiFi usage will be rounded up to the nearest whole minimum currency unit. For example, if you send three SMS at the same time to a single destination at the rate of €0.056, you will be charged €0.17.
8.3 Promotional Offers: From time to time, Skype may offer Paid-For Products for free for a trial period. Skype reserves the right to charge you for such Products (at the normal rate) in the event that Skype determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
8.4 Tax: All prices for Paid For Products are inclusive of applicable taxes, including VAT, unless otherwise stated. You explicitly waive any right to VAT reimbursement from Skype if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you. The territories in the EU set out below are outside the scope of EU VAT under Council Directive 2006/112/EC on the common system of VAT, as amended. The Skype Website does not enable users in such territories to take advantage of this VAT exemption and we therefore do not provide the Products in such territories: Mount Athos, Canary Islands, French Overseas Departments, Aland Islands, Channel Islands, Heligoland Island, Büsingen / Buesingen Territory, Ceuta, Melilla, Livigno, Campione d'Italia and Italian Waters of Lake Lugano.
8.5 Third-Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.3 Other payment methods. Skype does not guarantee that you will be able to use your Skype Credit balance to purchase all Products. Where Skype Credit cannot be used to pay for a Product, Skype will make another payment method available to you. Skype reserves the right to remove or amend the available payment methods at its sole discretion.
9.4 Recurring Payments. Where you purchase Products on a subscription basis (monthly, every 3 months or annually (as applicable)), you acknowledge and agree that this is a recurring payment and payments shall be made to Skype by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by Skype.
(a) You can enable the Auto Recharge feature when you buy Skype Credit by ticking the appropriate box. If enabled, your Skype Credit balance will be recharged with the same amount and by the same payment method chosen when you first sign up for Auto-Recharge. For example, if you purchase 10 Euros of Skype Credit with your credit card, the recharge amount charged to your credit card will also be 10 Euros of Skype Credit. In future the same amount will be charged to your credit card every time your Skype account balance goes below the threshold set by Skype from time to time.
(b) If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your Skype Credit balance will be recharged with the amount necessary to purchase your next recurring subscription.
(c) You can disable Auto-Recharge at any time by accessing and changing your settings in your User Account.
10.6 If you believe that Skype has charged you in error, you must contact Skype Customer Services within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
10.7 Skype reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if Skype reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
10.8 This refund policy does not affect your statutory rights.
14.2 If you want to use the Internet Communications Software in connection with any Broadcast, you must comply with the Broadcast TOS at http://www.skype.com/legal/broadcast
14.3 Software Development Kits and APIs. Software development kits provided through Skype Developer on the Skype Website (including “SkypeKit”) and the use of any application program interface (“API”) exposed or made available by Skype are subject to their own licensing terms in which case such licensing terms will govern your use of that software. If you use any such software development kit or API (as applicable) you agree that you have read and will comply with the applicable licensing terms, which are available on http://developer.skype.com/.
17.2 If you contact Skype by any means other than as set out in paragraph 17.1, your request may not be acknowledged.
(b) Number of Participants. The number of permitted participants on a group video call varies from 3 to a maximum of 10, subject to system requirements. You can find more details at www.skype.com/go/gvc.
(c) Audio Conversion. If your group video call exceeds the fair usage limit, then the call will convert from video to audio.
(d) Software Versions. If a participant of a group video call is not on a version of Internet Communications Software that supports group video calls, then the call will be an audio call only for that participant. For details of the system requirements for group video calling, please see www.skype.com/go/gvc
19.7 Skype Video Messaging (“Video Messaging”)
Subject to our Fair Usage Policy (“FUP”) below, there are no limits on the number of Video Messages you can send. If you are not a Skype Premium subscriber, Video Messages will be kept for a minimum of 6 months from the date sent and may expire after that time.
Fair Usage Policy: This FUP is designed to prevent fraud and abuse of Video Messaging. Video Messaging is for personal, individual and non-commercial use only, and to be in accordance with these Terms at all times (“Legitimate Use”). Skype reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination as to whether your activity does not constitute Legitimate Use. Skype may in its option, terminate its relationship with you, or suspend your account immediately if it determines you are using Video Messaging contrary to this FUP or these Terms.
19.8 Reverse Charge Calling: Reverse charge calling is made available to the following destinations through a partner of Skype. There is no charge to you and a Skype Credit balance or a subscription is not required. However, you will be required to provide your name via voice prompt to the person you are calling and they will need to accept the fixed charges associated with the reverse charge call where this functionality is supported by their local communication provider. Reverse charge calls last no more than 60 minutes, after which time a re-dial will be required by you.
(g) You are not able to use Skype Connect unless you have purchased a Channel Subscription. If you do not purchase a Channel Subscription, any existing SIP Profile shall be disabled and you will not be able to make or receive calls using Skype Connect.
(h) You may change the number of concurrent calling channels included in your Channel Subscription at any time by cancelling the current number and setting up a new recurring payment for the new number of concurrent calling channels. Skype will refund the unexpired amount of the most recent monthly fee that you paid for your current Channel Subscription. The new recurring monthly payment shall begin on the date upon which you change the number of concurrent calling channels.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE RIGHTS SET FORTH HEREIN.
© Skype and/or Microsoft – Last updated: 31 December 2014
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