SKYPE EDUCATION PORTAL TERMS & CONDITIONS OF USE

By using this website (“Skype Education Portal”), You agree to these terms and conditions which constitute a legal agreement (the “Agreement”) between You and Skype Communications S.a.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg (“Skype”). “You” or “Your” shall mean the person using the Skype Education Portal. Skype has the right to change this Agreement at any time, without notice to You so please check the Skype Education Portal for the latest version of this Agreement. Your continued use of the Skype Education Portal shall be deemed irrevocable acceptance of those changes.

Use of the Skype Education Portal: You must be over 18 to use the Skype Education Portal. If You are not a registered user of Skype’s internet communications software (“Skype Software”), You must first create a Skype account before You can access the Skype Education Portal. Use of the Skype Software is governed by Skype’s End User Licence Agreement (www.skype.com/eula) and Terms of Service (www.skype.com/tos). You represent and warrant that (i) all registration information provided by You shall be truthful, complete and accurate; and (ii) You have the legal authority to enter into this Agreement and use the Skype Education Portal. You shall notify Skype of any known or suspected unauthorized use(s) of your Skype Education Portal profile or Skype account, or any known or suspected breach of security in connection with the Skype Education Portal. This Agreement is effective until terminated by either You or Skype. You may terminate you agreement with Skype at any time by ceasing to use the Skype Education Portal. Skype may terminate this Agreement at any time (and/or may suspend or terminate your access to the Skype Education Portal) if you have breached any term of this Agreement. In such event, no notice shall be required by Skype to effect such termination. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your use of the Skype Education Portal, at Skype’s sole discretion, and You may be reported to appropriate law-enforcement agencies.

Privacy: Any personal information provided by You in connection with the Skype Education Portal will be collected and processed by Skype in accordance of Skype Privacy Statement available at www.skype.com/privacy.

Online Behaviour

Skype Education Portal is a respectful community of teachers who want to use Skype to enrich educational experiences. You shall at all times comply with The Skype Etiquette (www.skype.com/legal/terms/etiquette) when using the Skype Education Portal. You may not submit or publish through the Skype Education Portal any text, sounds, pictures, photos, video, hypertext links and/or any type of information, comments, suggestions or ideas (“Content”) that: (a) is libellous, defamatory, pornographic, an invasion of privacy, obscene, harassing, abusive, illegal, racist, offensive, misleading, or which depicts animal cruelty or is harmful to or which exploits children; or (b) is (or the use thereof is) an infringement of any patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information or other intellectual property or proprietary rights (“IP Rights”) of a third party; or (c) is otherwise deemed to be unacceptable and/or harmful to the Skype Education Portal community. Furthermore, You may not submit or publish Content that is unrelated to educational teaching projects intended for the classroom, including without limitation, Content related to non-educational or personal projects, Content that solicits funds or personal information, that offers or solicits commercial services or products or is intended to make commercial gain, contains advertising or spam or includes programs that contain viruses or any other programs designed to impair the functionality of any computer or device. You acknowledge and agree that by using the Skype Education Portal: (i) You may be exposed to Content that You may find offensive or indecent and You use the Skype Education Portal at Your own risk; (ii) You are solely responsible for, and Skype does not monitor or control and has no responsibility to You or any third party for any Content that You create, submit, post or publish;(iii) Skype is not responsible for any Content that You may have access to through Your use of the Skype Education Portal, and all Content is the responsibility of the person from whom such Content originated; (iv) Skype may remove Content at any time that is posted in breach of this Agreement, or for any reason it is sole discretion.

You hereby grant Skype, its affiliates and agents a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, modify, adapt, translate, publicly display and perform and create derivative works from and display the Content in any media for any purpose. You hereby waive any and all moral rights (including rights to attribution) that you may have in any Content.

You shall not upload Content from any third party or source without specific permission from the owner (“Third Party Content”). Such Third Party Content may be protected by copyright laws and copyright owners may object to the use of the Third Party Content. If You wish to submit any Third Party Content to the Skype Education Portal, You must first ask the permission of the owner of the IP Rights in such content (“Rights Owner”). If You breach this provision and/or Skype receives a report by a Rights Owner or any other third party that the Content is being used without their permission or infringes their IP Rights in any way (“Infringement Report”) or if any Content submitted by You is the subject of any report that it is defamatory or otherwise inappropriate, Skype reserves the right to remove such Content within such timescales as may be decided from time to time by Skype in its sole discretion whilst Skype investigates the complaint. The Content shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. You acknowledge and agree that Skype is under no obligation to put back such Content at any time regardless of whether or not the Infringement Report is valid or regardless of the outcome of any investigation (as decided by Skype in its sole discretion). If You put back any Content at any time after it has been removed by Skype, such action may result in Your access to the Skype Education Portal being suspended or terminated.

Reporting Inappropriate Content: If You have believe that any Content posted on the Skype Education Portal infringes Your IP rights or is defamatory or otherwise inappropriate, please report the Content using the ‘Feedback’ form on the Skype Education Portal.

Third Party Sites: The Skype Education Portal may include hyperlinks to other websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. Skype has no control over such third party websites and the inclusion on the Skype Education Portal of a hyperlink to any third party website is not an endorsement by Skype of such website, or to any content, products or services available on it. Any use of such hyperlinks or third party sites is at your sole risk.

No Warranty: Skype may impose limits on certain features or restrict Your access to parts or the entire Skype Education Portal without notice or liability. To the fullest extent permitted by law, Your use of the Skype Education Portal is at Your sole risk and is provided by Skype without warranties of any kind either express or implied and Skype disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Skype does not warrant that Skype Education Portal will be uninterrupted or error-free, that defects will be corrected, or that the server that makes it available are free of viruses or other harmful components. Skype does not warrant or make any representations regarding the use or the results of the use of the Skype Education Portal.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKYPE, ITS AFFILIATES, ITS LICENSORS OR EMPLOYEES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU; (ii) ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND (iii) ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SKYPE EDUCATION PORTAL (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON ANY CONTENT APPEARING ON THE SKYPE EDUCATION PORTAL OR ANY LINKED SITES). THE LIMITATIONS ON SKYPE’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT SKYPE, ITS AFFILIATES OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF SKYPE FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SKYPE, ITS EMPLOYEES OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnity: You hereby agree to indemnify, release and hold Skype, its affiliates, agencies, licensees and their employees and directors harmless from any and all injuries, liability, losses and damages of any kind resulting from Your use of the Skype Education Portal including without limitation (i) any breach or alleged breach by You of these terms and conditions, (ii) any claim that any Content submitted by You caused damage or loss to a third party and/or (iii) any breach of any IP right of any third party.

Trade marks: Skype™, associated trade marks and logos and the “S” symbol are trade marks of Skype. Various of the Skype trade marks™ are registered in the United States Patent and Trademark Office, and with the Trademark Offices of the countries of Argentina, Australia, Benelux, Brazil, Canada, Chile, China, Czech Republic, Finland, Hong Kong, Hungary, Israel, Japan, Jordan, Korea, Liechtenstein, Malaysia, Mexico, Morocco, New Zealand, Norway, Poland, Russia, Singapore, Switzerland, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam. Skype has also registered Community Trademarks with the Office of Harmonization for the Internal Market (OHIM).Skype has filed applications to register its trade marks in many other countries. Skype’s trade marks 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. All other trade marks not owned by Skype or any of its related companies that appear on this site are the property of their respective owners.

Copyright: The content and compilation of content included on Skype’s website (excluding any Content posted by You), such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Skype and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without Skype’s express permission. You shall not decompile, reverse engineer or otherwise attempt to discover the source code of any software used in connection or made available by the Skype Education Portal.

Governing Law: These terms and conditions shall be governed by the laws of England & Wales and the courts of England shall have exclusive jurisdiction.

Severability: If any provision of this Agreement is held unenforceable, that provision shall be severed, and the remainder of this Agreement will continue in full force and effect.