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10.6 skype reserves the right to refuse a refund request if it reasonably believes -lrb- i -rrb- that you are trying to unfairly exploit this refund policy , for example , by making repetitive refund requests in respect of the same product ; -lrb- ii -rrb- if you are in breach of these terms or -lrb- iii -rrb- 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 .
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10.7 this refund policy does not affect your statutory rights .
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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 .
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11.2 skype may terminate its relationship with you , or may terminate or suspend your use of the software , user account -lrb- s -rrb- , products or skype websites at any time and without recourse to the courts : -lrb- a -rrb- if you are in breach of these terms ; -lrb- b -rrb- if skype reasonably suspects that you are using the software , the products and/or skype websites to break the law or infringe third party rights ; -lrb- c -rrb- if skype reasonably suspects that you are trying to unfairly exploit or misuse the refund policy , or any of our policies ; -lrb- d -rrb- if skype reasonably suspects that you are using our products , software and/or skype websites fraudulently or that your user account is being used by a third party fraudulently ; -lrb- e -rrb- if you have purchased skype credit from an unauthorised reseller ; -lrb- f -rrb- in respect of a particular product , on thirty -lrb- 30 -rrb- days notice if skype decides to cease offering that product ; -lrb- g -rrb- immediately , if required due to a change in laws/regulation by a regulator or authority with a lawful mandate , or by any of skype 's partners ; -lrb- h -rrb- on thirty -lrb- 30 -rrb- days notice if skype decides to cease offering the software to users in your jurisdiction generally .
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11.3 skype shall effect such termination by preventing your access to your user account , the software , products and/or skype websites -lrb- as applicable -rrb- .
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we reserve the right to cancel user accounts that have been inactive for more than one -lrb- 1 -rrb- year .
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11.4 consequences of termination : upon termination of your relationship with skype : -lrb- a -rrb- all licenses and rights to use the software , products and/or skype websites shall immediately terminate ; -lrb- b -rrb- you will immediately cease any and all use of the software , products and/or skype websites ; and -lrb- c -rrb- 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 .
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exclusion of warranties , limitation of liability and indemnity
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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 .
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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 .
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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 .
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12.3 nothing in these terms shall exclude or restrict skype 's liability for -lrb- a -rrb- death or personal injury , -lrb- b -rrb- loss resulting from skype 's wilful default or gross negligence , -lrb- c -rrb- fraud or deliberate misrepresentation , or -lrb- d -rrb- any liability which can not be limited or excluded by applicable law .
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12.4 no liability : you acknowledge and agree that skype will have no liability whatsoever , whether in contract , tort -lrb- including negligence -rrb- or any other theory of liability , and whether or not the possibility of such damages or losses has been notified to skype , in connection with or arising from your use of skype websites , or the internet communications software or other software that is provided free of charge .
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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 .
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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 -lrb- including negligence -rrb- or any other theory of liability , and whether or not the possibility of such damages or losses has been notified to skype , for :
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-lrb- a -rrb- any indirect , special , incidental or consequential damages ; or
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-lrb- b -rrb- any loss of income , business , actual or anticipated profits , opportunity , goodwill or reputation -lrb- whether direct or indirect -rrb- ; or
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-lrb- c -rrb- any damage to or corruption of data -lrb- whether direct or indirect -rrb- ;
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-lrb- d -rrb- any claim , damage or loss -lrb- whether direct or indirect -rrb- arising from or relating to :
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-lrb- i -rrb- your inability to use the software to contact emergency services ;
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-lrb- ii -rrb- your failure to make additional arrangements to access emergency services in accordance with paragraph 5.5 above ;
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-lrb- iii -rrb- the service limitations set out in paragraph 5.6 ;
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-lrb- iv -rrb- your failure to provide accurate physical location information to an emergency services operative ; or
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-lrb- v -rrb- conduct of third party emergency services operatives and calling centres to which you may be connected .
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-lrb- e -rrb- any claim , damage or loss -lrb- whether direct or indirect -rrb- arising from or relating to :
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-lrb- i -rrb- any product or service provided by a third party under their own terms of service , including without limitation , skype wifi ;
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-lrb- ii -rrb- any third party technology ;
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-lrb- iii -rrb- any third party website .
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12.6 subject to paragraphs 12.3 - 12.5 above , skype 's total liability to you under or in connection with these terms -lrb- whether in contract , tort -lrb- including negligence -rrb- or any other theory of liability -rrb- -rrb- shall not exceed in aggregate the amount paid by you for the products in the 12 month period immediately prior to the date of the event giving rise to the relevant claim , subject to a maximum of five thousand euros in all cases .
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12.7 if any third party brings a claim against skype in connection with , or arising out of -lrb- i -rrb- your breach of these terms ; -lrb- ii -rrb- your breach of any applicable law of regulation ; -lrb- iii -rrb- your infringement or violation of the rights of any third parties -lrb- including intellectual property rights -rrb- ; -lrb- iv -rrb- your user submissions or -lrb- v -rrb- 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 -lrb- including reasonable legal fees and costs -rrb- related to such claim .
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third-party websites , products and services
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13.1 third parties may offer products or services via the software and/or skype websites , including games , applications , images , ring tones , or avatars .
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whilst skype takes no responsibility for such products or services , if you encounter any problems with payment for or download , use of installation of such products or services , skype will use commercially reasonable endeavours to assist or resolve the problems .
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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 .
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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 .
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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 -lrb- `` merchant '' -rrb- .
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the merchant has the ability to change its pricing or terminate its product availability at anytime .
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skype is not involved in any transactions between you and any merchant whose products and/or services are listed on the skype websites .
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skype does not control , is not responsible for and does not guarantee : -lrb- i -rrb- the pricing , quality , performance , availability or terms and conditions of purchase of products or services provided by the merchant ; -lrb- ii -rrb- any payment transactions , delivery , returns or after sales activities related to the products or services purchased on the merchants ' websites ; -lrb- iii -rrb- the availability of the merchant 's websites ; -lrb- iv -rrb- 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 ; -lrb- v -rrb- links to the merchants ' websites that are featured on the skype websites .
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any questions , complaints , or claims related to any product or service provided by a merchant should be directed to the applicable merchant .
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13.3 the software and skype websites may include hyperlinks to other third party websites .
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skype is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites .
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your use of each of these third party websites is subject to the terms and conditions posted on the applicable website .
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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 .
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please read these guidelines carefully which form part of the terms .
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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
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14.3 software development kits and apis .
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software development kits provided through skype developer on the skype website -lrb- including `` skypekit '' -rrb- and the use of any application program interface -lrb- `` api '' -rrb- 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 .
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if you use any such software development kit or api -lrb- as applicable -rrb- you agree that you have read and will comply with the applicable licensing terms , which are available on http://developer.skype.com/ .
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14.4 qik free and open source software notice is incorporated herein by reference .
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your confidential information and your privacy
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skype is committed to respecting your privacy and the confidentiality of your personal information .
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we will process your personal information , the traffic data and the content of your communication -lrb- s -rrb- in accordance with our privacy policy : http://www.skype.com/go/privacy .
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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 .
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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 .
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17.1 to contact skype in relation to the skype software or `` skype '' branded products , please submit a support request to support.skype.com .
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17.2 to contact skype in relation to the qik software or `` qik '' branded products , please submit a support request to support.qik.com .
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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 .
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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 .
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18.2 for your convenience , skype may provide you with a translation of the english language version of these terms .
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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 .
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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 .
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18.4 if any provision of these terms -lrb- or part of it -rrb- , is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal , invalid or unenforceable , then such provision -lrb- or part of it -rrb- shall be removed from the terms without affecting the legality , validity or enforceability of the remainder of the terms .
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paragraph 20.3 -lrb- i -rrb- says what happens if parts of paragraph 20.3 -lrb- arbitration and class action waiver -rrb- are found to be illegal , invalid or unenforceable .
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paragraph 20.3 -lrb- i -rrb- prevails over this paragraph if inconsistent with it .
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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 .
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if skype waives a breach of these terms , this shall not operate as a waiver of a subsequent breach of the terms .
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18.6 you may not assign these terms or any rights or obligations contained in them .
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skype may , without prior notice , assign these terms or any rights or obligations contained in them to any third party .
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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 .
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18.8 you acknowledge and agree that if skype is unable to provide the software , products and/or skype websites as a result of a force majeure event , skype will not be in breach of any of its obligations towards you under these terms .
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a force majeure event means any event beyond the control of skype .
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18.9 these terms other than paragraph 20.3 shall be governed by and interpreted in accordance with the laws of luxembourg and shall be subject to the jurisdiction of the courts of the district of luxembourg .
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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 -lrb- i -rrb- between a personal computer and a device that is not a personal computer or -lrb- ii -rrb- 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 -lrb- i -rrb- encode video in compliance with the avc standard -lrb- `` avc video '' -rrb- and/or -lrb- ii -rrb- 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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19.1 skype numbers -lrb- previously known as `` online numbers '' -rrb- and skype to go numbers
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-lrb- a -rrb- 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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-lrb- i -rrb- you do not own the number or have a right to retain that number forever ;
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-lrb- ii -rrb- the number provided to you is subject to applicable numbering rules and regulatory practices ;
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-lrb- iii -rrb- 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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-lrb- iv -rrb- 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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-lrb- v -rrb- 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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skype reserves the right to change the terms related to skype numbers and/or skype to go numbers , including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to such numbers .
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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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-lrb- b -rrb- other changes to numbers .
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if skype needs to withdraw or change the number that has been made available to you , skype will use commercially reasonable endeavours to notify you by e-mail , stating the effective date of the change and where possible , your new number .
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if you do not wish to accept this new number , you are entitled to terminate your number .
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19.2 user account on skype manager
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-lrb- a -rrb- you are not permitted to belong to more than one skype manager at the same time .
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-lrb- b -rrb- any skype number purchased before 21 july 2009 and allocated to you by a skype manager administrator shall be taken back by the administrator of the skype manager , if you leave the skype manager account for any reason .
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the right to use the number and the cancellation of such right rest with the skype manager administrator at his/her sole discretion and not you .
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-lrb- c -rrb- personal and traffic data -- members .
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as a member of a skype manager account you acknowledge and agree that the administrator of the skype manager may , if you agree , view detailed information about the activity on your user account including the time , date , duration and destination number of calls and sms made and details of your purchases and downloads .
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you can withdraw your agreement at any time by changing the settings on your user account .
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if you provide personal data including your name and job title to be included on the skype manager directory , you acknowledge that other members of that skype manager may view such data .
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-lrb- a -rrb- fair usage policy .
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