CodeHima/TOS_Dataset · Datasets at Hugging Face

sentence stringlengths 1 1.82k	unfairness_level stringclasses 3 values	__index_level_0__ int64 0 9.82k
9.5 Auto-Recharge.	clearly_fair	2,774
(a) The Auto-Recharge feature will be automatically enabled when you buy Skype Credit, unless you untick the appropriate box.	clearly_fair	2,775
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, unless you subsequently change the amount by accessing your User Account.	clearly_fair	2,776
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.	clearly_fair	2,777
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.	clearly_fair	2,778
If you do not want to enable Auto-Recharge, please untick the box.	clearly_fair	2,779
(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.	clearly_fair	2,780
(c) You can disable Auto-Recharge at any time by accessing your User Account.	clearly_fair	2,781
10.	clearly_fair	2,782
REFUND POLICY	clearly_fair	2,783
10.1 When you purchase Paid-For-Products directly from Skype you will be entitled to a cancellation period of fifteen (15) days (a “Cooling-Off Period”) unless you have made use of the Paid-For-Products in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded.	clearly_fair	2,784
10.2 Outside of the Cooling-Off Period, only subscriptions are refundable unless used or expired.	clearly_fair	2,785
10.3 Expenditure of Skype Credit, allocation of a Skype Number, or use of any aspect of a subscription amounts to “use” of a Paid-For-Product.	clearly_fair	2,786
You hereby expressly agree that Skype Numbers may be allocated before the end of the Cooling-Off Period.	clearly_fair	2,787
10.4 The Cooling-Off Period and refunds do not apply to Paid-For-Products that are (i) purchased via a third party partner of Skype (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from Skype (e.g. vouchers or pre-paid cards) (iii) paid for in cash using third party payment methods (such as a cash payment wallet) and (iv) paid for and allocated to your Skype Account by a Skype Manager administrator.	clearly_fair	2,788
They also do not apply to Membership of Skype Developer.	clearly_fair	2,789
10.5 If you believe that Skype has charged you in error, you must contact Skype within 90 days of such charge.	clearly_fair	2,790
No refunds will be given for any charges more than 90 days old.	clearly_fair	2,791
10.6 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.	clearly_fair	2,792
10.7 This refund policy does not affect your statutory rights.	clearly_fair	2,793
11.	clearly_fair	2,794
ENDING YOUR RELATIONSHIP WITH SKYPE	clearly_fair	2,795
11.1 You may terminate your relationship with Skype at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Skype Websites and cancelling any recurring payments.	clearly_fair	2,796
11.3 Skype shall effect such termination by preventing your access to your User Account, the Software, Products and/or Skype Websites (as applicable).	clearly_fair	2,797
11.4 Consequences of Termination: Upon termination of your relationship with Skype: (a) all licenses and rights to use the Software, Products and/or Skype Websites shall immediately terminate; (b) you will immediately cease any and 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 storage media and destroy all copies of the Software in your possession or under your control.	clearly_fair	2,798
12.	clearly_fair	2,799
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY	clearly_fair	2,800
12.1 For the purposes of this paragraph 12, "Skype" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.	clearly_fair	2,801
12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND SKYPE WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; SKYPE DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.	clearly_fair	2,802
SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SKYPE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.	clearly_fair	2,803
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR SKYPE WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR SKYPE WEBSITES.	clearly_fair	2,804
12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, Skype shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Skype, for:	clearly_fair	2,805
(ii) any Third Party Technology;	clearly_fair	2,806
(iii) any third party website.	clearly_fair	2,807
12.7 If any third party brings a claim against Skype in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Skype harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.	clearly_fair	2,808
13.	clearly_fair	2,809
THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES	clearly_fair	2,810
13.1 Third parties may offer products or services via the Software and/or Skype Websites, including games, applications, images, ring tones, or avatars.	clearly_fair	2,811
The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation.	clearly_fair	2,812
You should review such terms before making any purchase or using any third party product or service and Skype shall not be responsible for your failure to do so.	clearly_fair	2,813
13.2 You acknowledge and agree that any third-party product information and pricing that is shown on the Skype Websites regarding third-party products and services is given to Skype by the applicable third-party merchant (“Merchant”).	clearly_fair	2,814
The Merchant has the ability to change its pricing or terminate its product availability at anytime.	clearly_fair	2,815
Skype is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Skype Websites.	clearly_fair	2,816
Skype does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the Skype Websites; (v) links to the Merchants’ websites that are featured on the Skype Websites.	clearly_fair	2,817
Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.	clearly_fair	2,818
13.3 The Software and Skype Websites may include hyperlinks to other third party websites.	clearly_fair	2,819
Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.	clearly_fair	2,820
14.	clearly_fair	2,821
ADDITIONAL TERMS	clearly_unfair	2,822
14.1 The Skype Etiquette provides guidelines on how to use Skype and how to treat the other members of Skype’s community properly and respectfully.	clearly_fair	2,823
Please read these guidelines carefully which form part of the Terms.	clearly_fair	2,824
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	clearly_fair	2,825
14.3 Software Development Kits and APIs.	clearly_fair	2,826
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.	clearly_fair	2,827
14.4 Qik Free and Open Source Software Notice is incorporated herein by reference.	clearly_unfair	2,828
15.	clearly_fair	2,829
YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY	clearly_fair	2,830
Skype is committed to respecting your privacy and the confidentiality of your personal information.	clearly_fair	2,831
We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy: http://www.skype.com/go/privacy.	clearly_fair	2,832
16.	clearly_fair	2,833
FOR GOVERNMENT USERS ONLY	clearly_unfair	2,834
The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations paragraph 12.212.	clearly_fair	2,835
Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.	potentially_unfair	2,836
17.	clearly_fair	2,837
HOW TO CONTACT SKYPE	clearly_unfair	2,838
17.1 To contact Skype in relation to the Skype Software or “Skype” branded Products, please submit a support request to support.skype.com.	clearly_fair	2,839
17.2 To contact Skype in relation to the Qik Software or “Qik” branded Products, please submit a support request to support.qik.com.	clearly_fair	2,840
17.3 If you contact Skype by any means other than as set out in paragraphs 17.1 or 17.2, your request may not be acknowledged.	clearly_fair	2,841
18.	clearly_fair	2,842
MISCELLANEOUS	clearly_fair	2,843
18.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Skype.	clearly_fair	2,844
18.2 For your convenience, Skype may provide you with a translation of the English language version of these Terms.	clearly_fair	2,845
In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Skype.	clearly_fair	2,846
18.3 These Terms constitute the entire agreement between you and Skype with respect to your use of the Software, Products and/or Skype Websites and replace any prior agreements between you and Skype with respect to the Software, Products and/or Skype Websites.	clearly_fair	2,847
18.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.	clearly_fair	2,848
Paragraph 20.3(i) says what happens if parts of paragraph 20.3 (arbitration and class action waiver) are found to be illegal, invalid or unenforceable.	clearly_fair	2,849
Paragraph 20.3(i) prevails over this paragraph if inconsistent with it.	clearly_fair	2,850
18.5 The failure by Skype to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Skype’s right or remedy.	clearly_fair	2,851
If Skype waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.	clearly_fair	2,852
18.6 You may not assign these Terms or any rights or obligations contained in them.	clearly_fair	2,853
Skype may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.	clearly_fair	2,854
18.7 This paragraph 18, along with paragraphs, 4.2, 12, 20.3 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.	clearly_fair	2,855
A force majeure event means any event beyond the control of Skype.	potentially_unfair	2,856
Paragraph 20.3 is governed by the United States Federal Arbitration Act.	potentially_unfair	2,857
18.10 AVC/H.264 NOTICE: If the Software is used to make video calls (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.264 codec may be used to facilitate video functionality in which case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.	clearly_fair	2,858
NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.	potentially_unfair	2,859
ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com.	clearly_fair	2,860
19.	clearly_fair	2,861
PRODUCT SPECIFIC TERMS	clearly_unfair	2,862
19.1 Skype Numbers (previously known as “Online Numbers”) and Skype To Go numbers	clearly_fair	2,863
(a) Availability and use.	clearly_fair	2,864
Where we provide you with a Skype Number or Skype To Go number, you agree that:	clearly_fair	2,865
(i) you do not own the number or have a right to retain that number forever;	clearly_fair	2,866
(ii) the number provided to you is subject to applicable numbering rules and regulatory practices;	clearly_fair	2,867
(iii) you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that Skype or Skype’s partners may give to you with regard to the use of the numbers and the Products;	clearly_fair	2,868
(iv) you will not transfer or attempt to transfer your number to any third party.	clearly_fair	2,869
In particular, you are responsible for compliance with any requirements related to residency and or location; and	clearly_fair	2,870
(v) you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes.	clearly_fair	2,871
In certain countries, a number may be made available to you by a Skype partner rather than Skype, and you may need to enter into a separate agreement with such partner.	clearly_fair	2,872
(b) Other changes to numbers.	clearly_fair	2,873

9.5 Auto-Recharge.

clearly_fair

2,774

(a) The Auto-Recharge feature will be automatically enabled when you buy Skype Credit, unless you untick the appropriate box.

clearly_fair

2,775

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, unless you subsequently change the amount by accessing your User Account.

clearly_fair

2,776

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.

clearly_fair

2,777

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.

clearly_fair

2,778

If you do not want to enable Auto-Recharge, please untick the box.

clearly_fair

2,779

(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.

clearly_fair

2,780

(c) You can disable Auto-Recharge at any time by accessing your User Account.

clearly_fair

2,781

10.

clearly_fair

2,782

REFUND POLICY

clearly_fair

2,783

10.1 When you purchase Paid-For-Products directly from Skype you will be entitled to a cancellation period of fifteen (15) days (a “Cooling-Off Period”) unless you have made use of the Paid-For-Products in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded.

clearly_fair

2,784

10.2 Outside of the Cooling-Off Period, only subscriptions are refundable unless used or expired.

clearly_fair

2,785

10.3 Expenditure of Skype Credit, allocation of a Skype Number, or use of any aspect of a subscription amounts to “use” of a Paid-For-Product.

clearly_fair

2,786

You hereby expressly agree that Skype Numbers may be allocated before the end of the Cooling-Off Period.

clearly_fair

2,787

10.4 The Cooling-Off Period and refunds do not apply to Paid-For-Products that are (i) purchased via a third party partner of Skype (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from Skype (e.g. vouchers or pre-paid cards) (iii) paid for in cash using third party payment methods (such as a cash payment wallet) and (iv) paid for and allocated to your Skype Account by a Skype Manager administrator.

clearly_fair

2,788

They also do not apply to Membership of Skype Developer.

clearly_fair

2,789

10.5 If you believe that Skype has charged you in error, you must contact Skype within 90 days of such charge.

clearly_fair

2,790

No refunds will be given for any charges more than 90 days old.

clearly_fair

2,791

10.6 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.

clearly_fair

2,792

10.7 This refund policy does not affect your statutory rights.

clearly_fair

2,793

11.

clearly_fair

2,794

ENDING YOUR RELATIONSHIP WITH SKYPE

clearly_fair

2,795

11.1 You may terminate your relationship with Skype at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Skype Websites and cancelling any recurring payments.

clearly_fair

2,796

11.3 Skype shall effect such termination by preventing your access to your User Account, the Software, Products and/or Skype Websites (as applicable).

clearly_fair

2,797

11.4 Consequences of Termination: Upon termination of your relationship with Skype: (a) all licenses and rights to use the Software, Products and/or Skype Websites shall immediately terminate; (b) you will immediately cease any and 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 storage media and destroy all copies of the Software in your possession or under your control.

clearly_fair

2,798

12.

clearly_fair

2,799

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

clearly_fair

2,800

12.1 For the purposes of this paragraph 12, "Skype" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

clearly_fair

2,801

12.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND SKYPE WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; SKYPE DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.

clearly_fair

2,802

SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR SKYPE WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SKYPE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.

clearly_fair

2,803

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR SKYPE WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR SKYPE WEBSITES.

clearly_fair

2,804

12.5 Limitation of Liability: Subject to paragraphs 12.3 and 12.4 above, Skype shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Skype, for:

clearly_fair

2,805

(ii) any Third Party Technology;

clearly_fair

2,806

(iii) any third party website.

clearly_fair

2,807

12.7 If any third party brings a claim against Skype in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold Skype harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

clearly_fair

2,808

13.

clearly_fair

2,809

THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES

clearly_fair

2,810

13.1 Third parties may offer products or services via the Software and/or Skype Websites, including games, applications, images, ring tones, or avatars.

clearly_fair

2,811

The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation.

clearly_fair

2,812

You should review such terms before making any purchase or using any third party product or service and Skype shall not be responsible for your failure to do so.

clearly_fair

2,813

13.2 You acknowledge and agree that any third-party product information and pricing that is shown on the Skype Websites regarding third-party products and services is given to Skype by the applicable third-party merchant (“Merchant”).

clearly_fair

2,814

The Merchant has the ability to change its pricing or terminate its product availability at anytime.

clearly_fair

2,815

Skype is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Skype Websites.

clearly_fair

2,816

Skype does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the Skype Websites; (v) links to the Merchants’ websites that are featured on the Skype Websites.

clearly_fair

2,817

Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.

clearly_fair

2,818

13.3 The Software and Skype Websites may include hyperlinks to other third party websites.

clearly_fair

2,819

Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.

clearly_fair

2,820

14.

clearly_fair

2,821

ADDITIONAL TERMS

clearly_unfair

2,822

14.1 The Skype Etiquette provides guidelines on how to use Skype and how to treat the other members of Skype’s community properly and respectfully.

clearly_fair

2,823

Please read these guidelines carefully which form part of the Terms.

clearly_fair

2,824

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

clearly_fair

2,825

14.3 Software Development Kits and APIs.

clearly_fair

2,826

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.

clearly_fair

2,827

14.4 Qik Free and Open Source Software Notice is incorporated herein by reference.

clearly_unfair

2,828

15.

clearly_fair

2,829

YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY

clearly_fair

2,830

Skype is committed to respecting your privacy and the confidentiality of your personal information.

clearly_fair

2,831

We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy: http://www.skype.com/go/privacy.

clearly_fair

2,832

16.

clearly_fair

2,833

FOR GOVERNMENT USERS ONLY

clearly_unfair

2,834

The Software and Documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations paragraph 12.212.

clearly_fair

2,835

Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.

potentially_unfair

2,836

17.

clearly_fair

2,837

HOW TO CONTACT SKYPE

clearly_unfair

2,838

17.1 To contact Skype in relation to the Skype Software or “Skype” branded Products, please submit a support request to support.skype.com.

clearly_fair

2,839

17.2 To contact Skype in relation to the Qik Software or “Qik” branded Products, please submit a support request to support.qik.com.

clearly_fair

2,840

17.3 If you contact Skype by any means other than as set out in paragraphs 17.1 or 17.2, your request may not be acknowledged.

clearly_fair

2,841

18.

clearly_fair

2,842

MISCELLANEOUS

clearly_fair

2,843

18.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Skype.

clearly_fair

2,844

18.2 For your convenience, Skype may provide you with a translation of the English language version of these Terms.

clearly_fair

2,845

In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Skype.

clearly_fair

2,846

18.3 These Terms constitute the entire agreement between you and Skype with respect to your use of the Software, Products and/or Skype Websites and replace any prior agreements between you and Skype with respect to the Software, Products and/or Skype Websites.

clearly_fair

2,847

18.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

clearly_fair

2,848

Paragraph 20.3(i) says what happens if parts of paragraph 20.3 (arbitration and class action waiver) are found to be illegal, invalid or unenforceable.

clearly_fair

2,849

Paragraph 20.3(i) prevails over this paragraph if inconsistent with it.

clearly_fair

2,850

18.5 The failure by Skype to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Skype’s right or remedy.

clearly_fair

2,851

If Skype waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

clearly_fair

2,852

18.6 You may not assign these Terms or any rights or obligations contained in them.

clearly_fair

2,853

Skype may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

clearly_fair

2,854

18.7 This paragraph 18, along with paragraphs, 4.2, 12, 20.3 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

clearly_fair

2,855

A force majeure event means any event beyond the control of Skype.

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Paragraph 20.3 is governed by the United States Federal Arbitration Act.

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18.10 AVC/H.264 NOTICE: If the Software is used to make video calls (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.264 codec may be used to facilitate video functionality in which case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO.

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NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.

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ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com.

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19.

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PRODUCT SPECIFIC TERMS

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19.1 Skype Numbers (previously known as “Online Numbers”) and Skype To Go numbers

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(a) Availability and use.

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Where we provide you with a Skype Number or Skype To Go number, you agree that:

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(i) you do not own the number or have a right to retain that number forever;

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(ii) the number provided to you is subject to applicable numbering rules and regulatory practices;

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(iii) you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that Skype or Skype’s partners may give to you with regard to the use of the numbers and the Products;

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(iv) you will not transfer or attempt to transfer your number to any third party.

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In particular, you are responsible for compliance with any requirements related to residency and or location; and

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(v) you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes.

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In certain countries, a number may be made available to you by a Skype partner rather than Skype, and you may need to enter into a separate agreement with such partner.

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(b) Other changes to numbers.

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