1. Broadcast TOS Applicability
Any use of the Skype Software in a Program (as defined below) for Broadcast (as defined below) shall be subject to these Broadcast TOS. If You want to use the Skype Software in a Program (as defined below) for Broadcast (as defined below), You must agree to these Broadcast TOS. If You do not agree to the Broadcast TOS and supply the Registration Information (as defined below), You may not use the Skype Software in a Program for Broadcast.
Before your first use of the Skype Software in a Program for Broadcast, you must supply the information specified at www.skype.com/media/broadcast/register (the “Registration Information”). You agree that you will update the Registration Information promptly following any changes.
3. Branding Guidelines for Broadcast
Skype has adopted and will enforce certain branding guidelines (“Guidelines”), a copy of which is posted at www.skype.com/media/broadcast and is incorporated herein by reference with respect to the Programs. You agree and covenant to comply with the Guidelines. Skype may, in its sole discretion, modify the Guidelines from time to time, by posting notice of any changes on the Skype for Broadcast and Film page.
4. Skype Identification in Programs for Broadcast
You agree to the following additional requirements, except where prohibited by law:
4.1 Audio Programs. With respect to any Program where there is no visual image being Broadcast, the following requirements apply:
(a) For any Program where use of the Skype Software will be fifteen (15) minutes or less in duration, You shall transmit an identification announcement at the beginning and end of such use, as described in the Branding guidelines for broadcast
(b) For any Program where the use of the Skype Software will be for more than fifteen (15) minutes in duration, You shall transmit an identification announcement at the beginning and end of such use and over the course of the Program in no less than fifteen (15) minute intervals, as described in the Branding guidelines for broadcast.
4.2 Audiovisual Programs. With respect to any audiovisual Program (i.e. where a visual image is Broadcast with an accompanying audio signal) in which You use the Skype Software or include a video depiction of the Skype Software, the following requirements apply:
(a) You shall retrieve the Skype logo in scalable vector file format from www.skype.com/media/broadcast, which logo shall only be reproduced from such source.
(b) In any Program that uses or includes a visual depiction of the Skype Software, You shall place the Skype logo so that during such use it shall appear, scaled proportionately and to a reasonable size so that it is clearly legible, on the lower right hand side of the screen in which the Skype Software is shown, in accordance with the Guidelines.
5. General Provisions
5.1.1 “ Broadcast” means to transmit simultaneously to the general public through any now known and unknown media and formats, including, without limitation, a data communications network, the Internet, electronic mail system, television, radio or satellite system, point to multipoint transmission over a wired, wireless or fiber network; and for purposes of these Broadcast TOS shall also include narrowcasting and multicasting.
5.1.2 “ Program” means a live or pre-recorded audio or visual performance.
5.2 You represent and warrant that You are authorized to agree to and comply with the terms and conditions of these Broadcast TOS. You are responsible for clearing all rights and paying all licensing fees and other costs and expenses arising from the Program and the Broadcast. In no event shall Skype be responsible for any costs or expenses incurred in connection with the Program or the Broadcast.
5.3 You shall be responsible, at Your expense, for compliance with all applicable laws pertaining to the Program and the Broadcast. You agree to indemnify, defend and hold Skype, its Affiliates and the Skype staff harmless from and against any and all losses, costs, liabilities, damages, and expenses (including reasonable legal fees and other expenses incidental thereto) of every kind, nature and description, arising from (i) the Broadcasts and the Programs; (ii) any misrepresentation or breach of any warranty of Yours contained in this Agreement; or (iii) any breach of any covenant, agreement, or obligation of Yours contained in this Agreement.
5.4 You will take care to observe and exercise reasonable diligence to ensure that the Programs, Broadcast and/or the Skype Software will not (i) be used as a medium for attack on any individual, organization, faith, denomination or sect; (ii) contain any announcements or promotions prohibited by law; (iii) be used to make false or unwarranted claims for any product or service; (iv) contain any content or announcements that are slanderous, obscene, profane, indecent, vulgar, repulsive or offensive, either in theme or in treatment; (v) contain any testimonials which cannot be authenticated; (vi) contain any descriptions or references to matters which are not considered acceptable topics of discussion in social groups (e.g., profanity, obscenity) or (vii) be used in connection with any advertising matter or announcement which may, in the opinion of Skype, be injurious or prejudicial to the interests of the public, Skype, or honest advertising and reputable business in general.
5.5 The rights granted to You hereunder are non-exclusive and revocable. You shall not acquire any right, title or interest in or to any Skype logos, trademarks or other indicia of origin (collectively, the “Skype Brand”) and You hereby acknowledge that as between You and Skype, that Skype is the exclusive owner of all right, title and interest in and to the Skype Brand. Your use of the Skype Brand hereunder shall inure to the benefit of Skype. Skype reserves the right to instruct You on the use of the Skype Brand and how the Skype Brand is presented during the course of the Programs. Skype may also instruct You to cease use of the Skype Brand in the event such usage is, in Skype’s sole and absolute discretion, unacceptable to Skype. In the event You are so instructed to cease use of the Skype Brand, You shall immediately do so (and if such instruction relates to a particular Program, You shall no longer be permitted to Broadcast or license the Broadcast of such Program).
5.6 Skype reserves the right to modify these Broadcast TOS at any time. Your continued usage of the Skype Software as authorized herein shall constitute Your acceptance to be bound by the terms and conditions of the revised BT&C. Skype will not be liable in relation to any damage caused by the modification of these BT&C and/or the termination thereof.
5.7 YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT AND THESE BROADCAST TOS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH THEREIN AND HEREIN. BY USING THE SKYPE SOFTWARE IN THE MANNER AUTHORIZED HEREIN, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SKYPE THE RIGHTS SET FORTH HEREIN.
© Skype – Last revised: 5 May 2009