Video Cards with Skype

Terms and Conditions

By using this site and/or the Skype video messaging card ("Skype Video Cards") you agree to these terms and conditions which constitute a legal agreement between you and Skype Communications S.a.r.l, 22/24 Boulevard Royal, L2449 Luxembourg ("Skype"). Any personal data collected shall be subject to the terms of Skype's Privacy Policy at www.skype.com/privacy. If you do not agree to these terms, please do not record or submit your Skype Video Card or use this site.

1.     Eligibility: You must be aged 16 or over to record a Skype Video Card.

2.     Skype Video Card Submissions: You understand and agree that you shall be solely responsible for the Skype Video Card that you submit (your "Submission"). By entering your friend's email addresses on the online form, you may automatically generate an email message containing a link to your Skype Video Card. You confirm that your friend has consented to the supply of their details. Skype may identify you as the person who has supplied their details. You hereby grant to Skype and its affiliates, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable right to (i) use, reproduce, distribute. broadcast, display, perform, copy, create derivative works of, edit, alter, transmit, and publish or otherwise exploit your Submission for any purpose and in any media and (ii) to the extent included in your Submission, to use your name, photograph and likeness and any other individual's name, photograph and likeness in connection with the use of your Submission permitted under 2 (i) above and (iii) to license and/or sublicense to any third party any of the foregoing rights. Your Submission cannot be altered once submitted. Skype is not responsible for incomplete, illegible or damaged Submissions. Skype expressly disclaims any and all liability in connection with your Submission. Skype will remove any Submission if properly notified that such Submission has been submitted in breach of these terms and conditions. Skype reserves the right to remove any Submission without prior notice.

3.     Representations and Warranties: You represent and warrant that (i) that you own or control all of the rights to all relevant copyright materials and/or other intellectual property rights contained in your Submission (including any music, artworks, underlying works, scripts, formats or photographs featured within it); (ii) that you have obtained all relevant permissions and licences from any third parties or third party material appearing in your Submission including to use their name, likeness, image and performance and the right for Skype, its affiliates and sub-licensees to use such materials on the same terms as set out in these terms and conditions; (3) the Submission will not infringe any third party copyright, patent, trade mark, trade secret or other proprietary right or rights of publicity or privacy; (4) that the Submission is not offensive, defamatory, unlawful, obscene, libellous, threatening, pornographic, hateful, harassing, racially, sexually or ethnically offensive or offensive to religious groups and does not encourage or depict dangerous, irresponsible, violent, anti-social or criminal behaviour; and (5) that you shall not use Skype Video Cards in connection with the distribution of unsolicited commercial emails ("Spam") or advertisements.

4.     No Warranty: To the fullest extent permitted by law, your use of this site and the Skype Video Cards are at your sole risk and are 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 the site or Skype Video Cards 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 site or Skype Video Cards. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that we may include links to other web sites and that Skype has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

5.     Limitation of Liability: Under no circumstances, including, but not limited to, negligence, shall Skype or its affiliates, agencies, licensees and their employees and directors be liable for any special or consequential damages that result from the use of, or the inability to use, this site or the Skype Video Cards even if Skype or a Skype authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6.     Indemnity: You hereby agree to indemnify, release, discharge 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 this Site and the Skype Video Card your including without limitation (i) any breach or alleged breach by you of these terms and conditions, (ii) any claim that your Submission caused damage to a third party and (iii) any breach of any copyright, property, privacy or other third party right.

7.     Copyright and Trade marks: Except for your Submission (and any submissions of Skype Video Cards from other third parties), the content of this site, including without limitation, all text, software, scripts, photos, sounds, or graphics ("Site Content") and the trade marks, service marks and logos contained therein ("Skype Marks") are owned by or licensed to Skype or its affiliates. Site content may not be copied, reproduced, distributed, displayed, downloaded or otherwise used for any purpose without the prior written consent of Skype.

8.     Modification: Skype reserves the right to update or modify these terms and conditions at any time by posting the updated terms and conditions on this site. Your continued use of the site shall signify your acceptance of such updated terms and conditions.

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