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6.3 Prohibited Use: You may not:
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(a) intercept or monitor, damage or modify any communication which is not intended for you;
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(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, Skype Websites, communication or protocols;
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(c) send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Software, Products or Skype Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
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(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
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(e) use the Software, Products or Skype Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
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(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or
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(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or Skype Websites;
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(h) impact or attempt to impact the availability of the Software, Products or Skype Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
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(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or Skype Websites.
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Notwithstanding the foregoing, you agree that Skype grants to the operators of public search engines permission to use spiders to copy materials from the Skype Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
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6.4 User Submissions Please exercise respect when participating in any features of the Skype Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the Skype Websites or of the Skype Software which allows you to post, upload, edit, host, share and/or publish content.
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You acknowledge and agree that: (i) by using the Skype Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Skype has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Skype Websites or through the Software; (iii) Skype does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Skype is not responsible for any User Submissions that you may have access to through your use of the Skype Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated.
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Skype does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
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In connection with your User Submissions, you represent and warrant that you
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(i) own or have the necessary licenses, rights, consents, and permissions to use and authorise Skype to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
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(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms.
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You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner.
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Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use.
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You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
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Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the Skype Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant Skype a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the Skype Websites and Skype’s Software and Products including for the purpose of promoting or redistributing part or all of the Skype Websites and/or the Software or Products, in any and all media now known or hereafter devised.
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You also hereby grant each user of the Skype Website and/or Skype’s Software or Products a non-exclusive license to access your User Submission through the Skype Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the Skype Websites and/or Software or Products and pursuant to these Terms of Use.
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In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.
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You may not submit or publish through the Skype Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
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Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
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You agree not to solicit, for commercial purposes, any users of the Skype Website or Software with respect to their User Submissions.
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You agree not to circumvent, disable or otherwise interfere with the security related features of the Skype Website or Software or features that prevent or restrict the use of any content thereof.
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6.5 Your Information: From time to time, Skype may request information from you for the purpose of supplying the Software or Products to you.
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You shall ensure that any such information is complete, up-to-date and accurate.
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6.6 No Reselling.
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The Software and Products are for your individual use.
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You shall not resell or commercialise the Software and/or Products to any third party.
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6.7 Export Restrictions: The Software may be subject to international rules that govern the export of software.
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You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.
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In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations (“EAR”) under Encryption Registration Number (“ERN”) R100351 and thus may not be exported or re exported from the US to or downloaded by any person in any countries controlled for anti terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan.
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Moreover, the Internet Communications Software may not be exported or re exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location.
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See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736.
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Skype is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
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7.
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PROPRIETARY RIGHTS
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7.1 The Software, Products and Skype Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
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7.2 The content and compilation of content included on the Skype Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Skype, its affiliates or licensors and are protected by United States and international copyright laws.
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Such copyright protected content cannot be reproduced without Skype’s express permission.
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You may download and make personal, non-commercial use of User Submissions on www.qik.com that are displayed with a “download” or similar link.
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Skype reserves all rights not expressly granted in the Skype Websites.
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7.3 Skype and/or its licensors retain exclusive ownership of the Software, Products and Skype Websites and all intellectual property therein (whether or not registered and anywhere in the world).
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You will not take any action to jeopardise, limit or interfere with Skype’s intellectual property rights in the Software, Products and/or Skype Websites.
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7.4 “Skype”, associated trademarks and logos and the “S” logo are trademarks of Skype.
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Skype has registered and filed applications to register its trademarks in many countries worldwide.
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Skype’s trademarks and trade dress may not be used in connection with any product or service that is not Skype’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Skype.
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All other trademarks not owned by Skype or any of its related companies that appear on this site are the property of their respective owners.
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You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Skype’s intellectual property (in whole or part) or that is confusingly similar thereto.
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Please also see Skype’s Trademark Guidelines for further details on use of its marks.
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8.
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CHARGES
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8.1 Calling phones and premium rate numbers with Skype Credit:
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(i) Calling landlines and mobiles: The charges payable for calling phones (outside of a subscription) consist of a connection fee (charged once, per call) and a per-minute rate as set out on www.skype.com/go/allrates.
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All calls will be disconnected and require a re-dial after a 4-hour duration and an additional connection fee will be charged on re-dial.
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(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.
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No connection fee is payable.
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The new rate will apply to your next purchase after the new rates have been published.
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Please check the latest rates before you make your call.
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If you do not accept the new rates, do not make your call.
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(iv) The duration of a call shall be based on one-minute increments.
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Fractions of minutes will be rounded up to the next minute.
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The connection fee, where applicable, will be charged at the beginning of the call.
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At the end of a call, fractional cent charges will be rounded up to the nearest whole cent, for example a total call price of €0.034 will be rounded up to €0.04.
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During the call, charges incurred will be deducted automatically from the Skype Credit balance in your User Account.
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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.
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You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product.
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The new charges will apply to your next purchase after the new charges have been published.
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8.3 Promotional Offers: From time to time, Skype may offer Paid-For Products for free for a trial period.
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8.4 Tax: Skype may collect VAT or other indirect taxes at the appropriate rate (as per applicable tax rules) at the time of purchase of Skype Credit.
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15% Luxembourg VAT generally applies if you are located in the EU and the Products are purchased and used in the EU.
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8% Swiss VAT applies if you are located in Switzerland.
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Other local taxes may apply in certain countries.
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When you purchase a voucher or pre-paid card, depending on the country, 15% Luxembourg VAT, local VAT or other taxes may apply and may be deducted from the value of the voucher or prepaid card upon redemption.
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You explicitly waive any right to VAT reimbursement from Skype if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you at the time of purchase.
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Your Skype Credit balance is displayed exclusive of any such taxes.
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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.
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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.
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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.
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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.
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9.
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PAYMENT
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9.1 Skype Credit.
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You can pay for select Paid-For Products using Skype Credit.
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You can purchase Skype Credit using any payment method made available to you by Skype from time to time.
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The Skype Credit that you purchase will be credited to your User Account at the time of purchase (or if you are using a Skype Credit voucher, at the time you redeem that voucher).
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9.2 Inactive Skype Credit.
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If you do not use your Skype Credit for a period of 180 days, (including Skype Credit that has been allocated to you by a Skype Manager administrator) Skype will place your Skype Credit on inactive status.
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You can reactivate the Skype Credit by following the reactivation link in My Account at https://secure.skype.com/account/credit-reactivate.
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Reactivated Skype Credit is not refundable.
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If you are located in Japan and you buy Skype Credit from the Skype Website, this paragraph does not apply to you and your Skype Credit shall expire 6 months from the date of purchase.
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You are not permitted to use any Skype Credit on or after the date of its expiry.
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9.3 Other payment methods.
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Skype does not guarantee that you will be able to use your Skype Credit balance to purchase all Products.
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Where Skype Credit cannot be used to pay for a Product, Skype will make another payment method available to you.
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9.4 Recurring Payments.
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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.
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