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APIs by Orange: Terms and Conditions of Use
APIs by Orange is a service provided FRANCE TELECOM SA, a company incorporated under the laws of France whose registered office is located at 6 place d'Alleray, 75505 Paris Cedex 15, France, and which is registered with the Trade and Companies Registry of Paris, France, under number B 380 129 866 (hereinafter referred to as "Orange").
registering as a User for any alpha API provided Orange on this web site, you agree to be bound the terms and conditions set out below. These APIs by Orange Terms and Conditions are subject to:
- the Site Terms and Conditions,
- the Orange Partner Member Terms and Conditions.
| 1. |
DEFINITIONS |
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For purposes of these Terms and Conditions, capitalized terms shall have the following meanings:
"Application" shall mean the mobile or web application or widget (i) produced and used the User for the purposes of profit or non profit activities with the End-Users and (ii) using any APIs by Orange.
"APIs by Orange" shall mean the software applications available to you and allowing the use of some functionalities provided over the networks of the Network Operators (such as SMS and e-mails) or any other parties (such as software editors). APIs by Orange are available either in "alpha" or "beta" mode, depending on the nature of the API and its level of maturity.
"Chargeable APIs by Orange" shall mean APIs by Orange, which the User has to pay for, as described in article 4 below.
"Content" shall mean any information or material (including audio, video, textual data or such other material) supplied through the Application. Such Content may be either supplied:
a. the User for distribution to End-Users in Messages sent through the Application; or
b. a third party (that may be an End-User) for distribution to any individuals, company customers or any other type of users in Message sent through the Application.
"Documentation" shall mean any document describing the functionalities of the APIs by Orange and/or the related Services, as well as all user manuals or handbooks containing, without limitation, the installation procedures, which are provided Orange in connection with the API Orange and/or the Services.
"End-Users" shall mean any users or customer of the Application. Such End-Users may be individuals, company customers or any other type of users of the Application.
"Free APIs by Orange" shall mean APIs by Orange, which the User can get and use for free.
"Message" shall mean a digital message comprising numerals, text, images, music, games and/or applications in a form for delivery via Short Message Service (SMS), Multimedia Messaging Service (MMS) or e-mail technology or other technology, protocols or standards used to transmit digital content or information.
"Multimedia Messaging Service (MMS)" is a 3GPP-standardized service used to send and receive Messages to and from mobile phones. These Messages may include Content like multimedia objects.
"Network Operator" shall mean (i) any mobile telecommunications system network operator, which provides wireless or mobile voice and data services to its subscribers and/or (ii) any Internet service provider, which provides access to the Internet to its subscribers.
"Profit-Making APIs" shall mean APIs by Orange (such as ReceiveSMS API), which give the User the right to receive a sharing revenue, as described in article 6 below.
"Services" shall mean the APIs by Orange, any other services (forum, tutorial) and Documentation provided Orange on this Site.
"Short Code", also known as "short number", designates a special telephone number, significantly shorter than full telephone numbers (usually up to 5 digits), which aims at identifying a SMS and/or MMS based service and can therefore be used to address said SMS and MMS messages to and from service subscriber's mobile or fixed phone. A Short Code has to be subscribed from one Network Operator (mobile telecommunications system network operator).
"Short Message Service (SMS)" is GSM standardized service used to send and receive messages to and from mobile phones. These messages can be alphanumeric or binary.
"Taxes" shall mean (i) any taxes applicable on turnover, such as value added tax, sales tax or service tax, (ii) withholding taxes applicable on payments made the User, (iii) customs and excise duties as well as other import duties and fees, and (iv) local telecommunications regulator levies based on turnover.
"User" shall mean the person, the company or any other legal entity, who is allowed to access and use the APIs by Orange and/or the Services, upon registration at: http://www.orangepartner.com/user/RegisterUser.jsp, acceptance of these Terms and Conditions and, if applicable, prepaid payment. The User is hereinafter referred to as “you”. If the User is a person, he/she must be at least 18 years old or have the legal majority according to the laws, which apply to the User.
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| 2. |
DESCRIPTION OF APIS BY ORANGE AND SERVICES |
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APIs by Orange and the Services are described at:
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| 3. |
ONLINE REGISTRATION OF THE USER |
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In case you whish to use Chargeable APIs by Orange, you also must make a prepaid payment, as described in article 5.1 below. Chargeable APIs by Orange are ordered in accordance with the online order process, as described in article 4 below.
To register for APIs by Orange and/or the Services, you must complete the registration process providing Orange with current, complete, accurate and truthful information as required the registration form, including your details, e-mail address (username) and password. You agree to promptly update your information in the event of any changes to such information.
You shall protect your ID, passwords and APIs access key and take full responsibility for your own, and third party, use of your account. You are solely responsible for any and all activities that occur under your account. You agree to notify Orange immediately upon learning of any unauthorized use of your account or any other breach of security. However, you may be held liable for losses incurred Orange or any other User or visitor to the Site due to someone else using your ID, password, account and/or API access keys.
Each User is allowed to have only one account.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You may not use anyone else's ID, password, account or APIs access key at any time without the express permission and consent of the holder of that ID, password, account or APIs access key. Orange cannot, and will not, be liable for any loss or damage arising from your failure to comply with these obligations.
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| 4. |
ONLINE ORDER OF CHARGEABLE APIS BY ORANGE |
| 4.1 |
Online Purchase and Delivery |
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To access and use Chargeable APIs by Orange, you must first register as an User in accordance with provisions of article 3 above, and then make a prepaid payment, as described in article 5 below.
Once you have made your prepaid payment, you can call the Chargeable APIs by Orange, which you paid for. The Chargeable APIs by Orange are delivered online through the Site. They are active as soon as you get them.
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| 4.2 |
Cooling-off Period |
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Except otherwise set out laws of the jurisdiction from which you access the Site and/or use the Chargeable APIs by Orange, you have a period of seven (7) days as from the payment of the Chargeable APIs by Orange to exercise your right of retraction with Orange, without having to prove any reason or to pay any penalty.
In case you exercise your right of retraction within the above-mentioned period, only the amount of the prepaid payment not used at the date, where you exercise your right of retraction, will be reimbursed Orange.
Please contact Orange at the e-mail address below if you wish to exercise your right of retraction: developers@orange.com |
| 5 |
PRICES, PAYMENT AND INVOICES |
| 5.1 |
Prices |
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The prices for the use of the Chargeable APIs by Orange are posted on the Site.
All prices are designated in Euros and do not include any foreign Taxes.
The prices do not include any Internet access charges or any other networks charges or any additional charges related to your access to or use of any services provided a Network Operator. You are responsible for obtaining and maintaining your Internet access or any other network access.
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| 5.2 |
Prepaid Payment |
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You must provide Orange with current, complete, accurate and truthful information as required the process for prepaid payment, including your details (including without limitation your e-mail address and country) and, if applicable, your VAT number. You agree to promptly update your information in the event of any changes to such information.
You must use a valid credit card (Visa Card or Master Card) to prepay or recharge for the use of the Chargeable APIs by Orange at your prepayment account. Orange may revise the means of payment from time to time, at its sole discretion.
Each call to the Chargeable APIs by Orange is immediately deducted from your prepayment account.
It is your responsibility to ensure that sufficient funds remain in the prepayment account to cover the use of the Chargeable APIs by Orange.
The amount of the funds remaining in the prepayment account is limited to 1999 Euros. The cumulated amount of funds recharged in the prepayment account is limited to 3999 Euros for each period of eight (8) consecutive days.
In case you call no Chargeable APIs by Orange for more than twelve (12) months, Orange will close your prepayment account without prior notice. Any funds remaining in the prepayment account upon cancellation will not be refunded.
All prepayments are to be made in Euros.
Orange does not charge a fee for the establishment or use of your prepayment account.
Any User, who provides Orange with any false information in order to obtain any tax exemption, may be exposed to penalties, fines or legal proceedings.
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| 5.3 |
Invoices |
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After you have charged your prepayment account, Orange shall invoice you for the use of the Chargeable APIs by Orange.
Each invoice shall be expressed in Euro.
By accepting these Terms and Conditions, you agree to receive electronic invoices, which will be signed electronically and available online via an hyperlink sent to you be e-mail.
Nevertheless, upon your express request, Orange shall issue paper invoices, which will be sent to you mail.
Please contact Orange at the e-mail address below if you wish to receive paper invoices: developers@orange.com
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| 6. |
REVENUE SHARING |
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Profit-Making APIs could generates incomes to your advantage. The amounts of the incomes, which can be generated the use of the Profit-Making APIs, are posted on the Site. All prices are designated in Euro and do not include any foreign Taxes.
Orange shall pay such incomes on your revenue sharing account and not on your prepayment account.
The amount of the incomes paid Orange on the revenue sharing account is not limited to a maximum amount.
The credits remaining in your revenue sharing account will be transferred, upon your express request, to your prepayment account and can be used for the use of the Chargeable APIs by Orange.
In case you call no Chargeable APIs by Orange for more than twelve (12) months, Orange will close your sharing-revenue account without prior notice. Any funds remaining in the sharing-revenue account upon cancellation will not be refunded.
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| 7. |
TAXES, LEVIES AND DUTIES |
| 7.1 |
Prices in these Terms and Conditions have been quoted exclusive of any foreign taxes, including value added taxation (VAT) or any comparable tax, relating to such contract.
French VAT which is chargeable in relation to these Terms and Conditions shall be borne the User in addition to the prices agreed upon Orange and you.
Any foreign taxes, sales, use, levies, import and custom duties, excises, and withholding taxes, including but not limited to foreign taxes comparable to VAT, relating to these Terms and Conditions shall be solely borne the User, who will pay them to the relevant tax administration under the applicable legislation. As a consequence, the amount to be paid to Orange shall in all cases be equal to what Orange would have received if none of the above-mentioned taxes had been deducted, withheld or paid for.
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| 7.2 |
Notwithstanding anything to the contrary herein, the User shall have financial responsibility for any and all Taxes imposed on the User's net income, in particular income generated Profit-Making APIs, as well as all other taxes which are imposed on the billing party operation of law. The User shall indemnify, defend and hold harmless Orange from any claims, actions, costs, any other liabilities related to such Taxes.
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| 7.3 |
For each payment of the income generated the Profit-Making APIs, an invoice will be edited in the fifteen (15) days of the transfer of revenues.
The User mandates Orange, on his behalf and for his account, to edit the invoices related to the income generated the Profit-Making APIs.
A double of each invoice will be addressed Orange to the User. The original will be kept Orange. In the event of dissension between Orange and the User on the amount of the income generated the Profit-Making APIs, only the remuneration calculated Orange is paid on a purely provisional basis with the User, until the friendly or legal exit of the litigation. The time of dispute relating to the invoice issued Orange on behalf of the User is one (1) year.
Any rectifying invoice will have, if necessary, to be edited the User, in accordance with the provisions of paragraph 54 of the French Guide line instruction 3 CA n 136 of August 7, 2003.
The User is liable for his invoicing obligations and for their consequences regarding VAT. He will not be able to assert failure or delay of Orange in the editing of the invoices to withdraw itself from the obligation to declare the tax collected at the time of the eligibility of the VAT. In the same way, it remains the legal tax payer of the VAT owed, if necessary, according to article 283-3 of the French Tax Code, when VAT was wrongly invoiced.
In addition, the User commits itself:
a. to pay to the French Tax authorities to pay the tax mentioned on the invoices established on its behalf and for its account;
b. to claim the double of the invoice immediately if the latter did not reach him;
c. to inform Orange of any options or renunciation of options of the payment of the VAT according to the flows, as of realization of this option;
d. if necessary, to inform Orange from its benefit of the VAT free regime provided the article 293 B from the French Tax Code :
e. to announce to Orange any modification in the mentions concerning the identification of its company;
f. to announce to Orange if it is subject to VAT.
Orange will be able to require of the User that the latter compensates all damages that Orange could have to suffer, if necessary, because of the non-respect of the aforementioned obligations or wrongly information communicated to Orange.
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| 8. |
USE OF APIS BY ORANGE AND SERVICES |
| 8.1 |
Application |
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You are allowed to use the Free APIs by Orange (i) for the sole purpose of the use of the Application and (ii) within the respect to these Terms and Conditions and, in particular but without limitation, articles 7 and 8.2.
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| 8.2 |
User’s Feedback |
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You agree to provide feedback (suggestions, ideas, reports, identification of defects, expenditures or any other contributions) on your use of the APIs by Orange, your own software developments and any other use related to the Services. Any information submitted you through the Site shall be deemed non-confidential and non-proprietary. Therefore, Orange shall be free to use such information on an unrestricted basis.
You acknowledge that you have the lawful right to submit such information and agree that will not submit any information otherwise. Because of the open nature of the Internet, Orange recommends that you do not submit information you consider confidential.
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| 9. |
USER’S APPROPRIATE CONDUCT AND PROHIBITED USES |
| 9.1 |
Compliance with the Terms and Conditions and applicable laws and regulations |
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You agree not to use the Site, the APIs by Orange or any of the Services for any purpose that may be unlawful or prohibited these Terms and Conditions.
You are responsible for complying with the laws, which apply to you and agree that you will not access and/or use the information on this Site and/or any APIs by Orange and/or the Services in violation of such laws and regulations. In particular, you acknowledge that you are responsible for:
a. all necessary declarations and procedures in order to get various authorisations requested the relevant laws and regulations in force in the territory, where you collect and/or process any personal data concerning the End-Users;
b. as set out in article 9.4 below, complying with (i) applicable regulations regarding the registration and/or use of Short Code and/or (ii) any code of conduct issued any local organization for registration of Short Code;
c. providing, through the Application, the End-Users with all adequate information regarding, including but not limited to (i) the use of the Application or any other services you provide to the End-Users (such as technical, legal and financial conditions) and (ii) the legal notice of the Application.
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| 9.2 |
Ban on Using Unauthorized Access |
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You may not attempt to gain unauthorized access to the Site and/or any APIs by Orange and/or the Services, other accounts, computer systems or networks connected to the site through hacking, password mining, the impersonation of others, the unauthorized use of another’s user name, password or other information, or any other means.
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| 9.3 |
Limitation on Use of the Site |
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You agree not to post or submit to the Site any Content or other material that :
a. infringes the copyright, trademark, trade secret or other property rights of others;
b. violates the privacy or publicity rights or other personal rights of others;
c. is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party;
d. impersonates another person;
e. contain viruses, Trojan horses, worms, emails bombs or any other time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You agree not to use any robot or other automatic device or manual process to monitor or copy pages of the Site or the Content contained herein.
Orange has the right, but not the obligation, at its sole discretion, to monitor, edit or remove any Content from the Site that is unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. Nevertheless, Orange does not, and cannot, review all Content posted the Users on the Site.
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| 9.4 |
Limitation on Use of the Short Code |
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You agree not to register and/or use any Short Code that (a) infringes the copyright, trademark, trade secret or other property rights of others; (b) violates the privacy or publicity rights or other personal rights of others; (c) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; or (d) impersonates another person.
You agree to comply with (i) applicable regulations regarding the registration and/or use of Short Code and/or (ii) any code of conduct issued any local organization whatsoever for registration of Short Code.
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| 9.5 |
End-Users Opt-In/Opt-Out Requirements for SMS API and email API |
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Except otherwise set out laws of the jurisdiction from which you access the Site and/or use the Chargeable APIs by Orange, you shall send Messages only to End-Users, who have consented (“opted-in”) to receiving Messages and who have been informed of their rights to and the free process for cancelling (“opt-out”) receipt of receiving future Messages.
You shall stop sending Messages to an End-User, who has “opted-out” from receiving such Messages as soon as possible after receipt of the opt-out request, and no later than as required relevant laws or regulations or conditions of Network Operators.
You shall, on receipt of a written request from Orange, provide Orange with proof of End-Users opt-in requests, opt-out requests and/or your response time for discontinuing the sending of Messages in accordance with the timeframe detailed in Orange’s written request. Any request shall be made Orange in good faith with regard to the timeframes that it itself has had imposed upon it the relevant regulator, Network Operators or competent authority.
You shall keep such records for a minimum of twelve (12) months or such longer period as required appropriate legislation or regulations.
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| 9.6 |
End-User Opt-In/Opt-Out Requirements for Location API |
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Upon your request, Orange shall locate End-Users, who have consented or “opted-in” to be located and who have been informed of their rights to and the free process for cancelling or “opting-out” of being located.
Orange shall stop locate an End-User, who has “opted-out” from being located as soon as possible after receipt of the opt-out request, and no later than as required relevant laws or regulations.
As location data should be considered as personal data, you are responsible for complying with relevant laws and regulations regarding the protection of personal data of the End-Users who are located Orange and, in particular, with provisions related to process and keeping such data.
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| 9.7 |
Liability for Content |
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You acknowledge that Orange exercises no control whatsoever over the Application and/or the Content.
You, in your quality of editor of the Application, shall bear sole responsibility for (i) the Content transmitted using the APIs by Orange; (ii) complying with applicable laws and regulations regarding the Content and (iii) the acts, omissions or breaches of End-Users with respect to the use of the Application regarding the Content.
You agree not to use the APIs by Orange or permit the APIs by Orange to be used to transmit Inappropriate Content. You also undertake not to post on the Application Inappropriate Content, being specified that this undertaking shall apply to any advertisement posted on the Application or available via the Application (pop-up, for instance).
For purposes of this article 9.7, " Inappropriate Content" will mean any Content that:
a) is unsolicited, including without limitation, junk emails, bulk Messages, spam or other unsolicited advertising material;
b) causes the introduction of viruses, worms, Trojan horses, e-mail bombs or any other time bombs, cancel bots or other similar destructive computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
c) violates any applicable laws, regulations, rules, conditions of Network Operators or applicable codes of conduct;
d) encourages conduct, that would constitue a criminal offense or violate any applicable laws or regulations;
e) is obscene, offensive, threatening, defamatory, discriminatory, misleading or inaccurate;
f) infringes the intellectual property of any person or entity; or
g) might be damaging to (i) the reputation of Orange and/or France Télécom Group and/or (ii) any brand owned Orange and/or any company belonging to France Télécom Group.
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| 9.8 |
Security |
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Violating the security of the Site and/or the Services, including the APIs by Orange, is prohibited and may result in criminal and civil liability.
Orange may investigate incidents involving such violations and will cooperate with law enforcement authorities if a criminal violation is suspected.
Security violations may include, without limitation:
a. unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures,
b. unauthorized monitoring of data or traffic,
c. detrimental interference with the Site and/or the Services, including the APIs by Orange.
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| 9.9 |
Advertising |
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As set out in Article 9.7 above, you agree not to post on the Application any Inappropriate Content, which may be included in any advertisements.
In case Orange wishes advertisements for Orange products and/or services to be posted on the Application or to be available through the Application, Orange will discuss with you to determine the conditions for publication of such advertisements.
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| 9.10 |
Information to Orange |
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You agree to inform Orange:
a. immediately in case anyone makes, or threatens to make, any claim, or issue legal proceedings against you relating to your use of APIs by Orange and/or the Services or any information or material which you have posted on the Site. You shall immediately, at the first request of Orange, stop the acts or remove the litigious materials. At the request of Orange, you must confirm in writing the details of the claim.
b. as soon as you become aware of any possible or actual unauthorised use or misuse of the Services, including the APIs by Orange and the Documentation.
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| 10. |
INTELLECTUAL PROPERTY RIGHTS |
| 10.1 |
Orange Rights |
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All rights, titles and interests pertaining to the Site, APIs by Orange, Documentation and/or Services and all copies thereof, and all intellectual property rights therein, shall at all times remain the property of Orange and are protected a combination of patent, trademark, trade secret and/or copyright laws and international treaty provisions, as applicable.
All improvements, updates, derivative products, evolutions, whether made, created or developed Orange concerning the Site, APIs by Orange, Documentation and/or Services are and shall remain the property of Orange, and you acknowledge and expressly agrees that any contribution in the form of services, suggestions, ideas, reports, identification of defects, expenditures, or other contributions you, shall not give or grant you any right, title or interest in any component of the Site, the APIs by Orange, the Documentation and/or the Services.
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| 10.2 |
Grant to Use Intellectual Property Rights (License) |
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Orange here grants you a worldwide, non-exclusive, non-transferable, revocable and non sub-licensable right to use the APIs by Orange, Documentation and/or Services for the sole purposes of the Application.
For Free APIs by Orange, this licence is granted as long as such Free APIs by Orange are available for free on the Site.
For the Chargeable APIs by Orange, this licence is granted as long as your prepayment account is charged, as described in article 5 above.
This license is subject to (i) your compliance with these Terms and Conditions and (ii), for Chargeable APIs by Orange, your full prepaid payment, as described in 5 above.
This licence does not allow you to access and/or use any source code of the APIs by Orange.
You may not:
a. use, copy, modify or distribute the APIs by Orange, except as specifically permitted these Terms and Conditions;
b. reverse assemble, reverse compile or otherwise translate the APIs by Orange, except as specifically permitted any applicable laws or regulations of the jurisdiction from which you access the Site and/or use the APIs by Orange;
c. sublicense, rent or lease any APIs by Orange.
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| 11. |
TRADEMARK |
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The France Telecom Group (including France Telecom SA and any other Orange companies) is the owner, in France, the United Kingdom and other countries, of numerous recorded brands, in a non-restrictive way, the denominative brand “FRANCE TELECOM”, “ORANGE” and of the logos  ,  and   and any others trademarks including, but not limited to, the words "France Telecom", "Orange" or "Orange Business Services", and their corresponding logos (hereinafter referred to as the " Brands"). You undertake not to use the Brands on any product or support, for any reason, and you can not deduce any use of all or part of the Brands from the use of the Site, the APIs by Orange, the Documentation and/or any other Services.
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| 12. |
USER’S LIABILITY |
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You have the whole responsibility for (i) the use of Application you and/or the End-Users and (ii) the acts, omissions or breaches with respect to the use of the Services, including the APIs by Orange.
Therefore, you are, legally and criminally, responsible for the Content (i) which is posted you on the Site and/or (ii) which is transmitted using the APIs by Orange.
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| 13. |
ORANGE LIABILITY |
| 13.1 |
Level of Availability of APIs by Orange |
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You agree that the Services and the APIs by Orange (whether as a whole or in part ) will not always be available, or free of interruptions and errors, and that all deficiencies or errors will necessitate corrective measures including without limitation:
- periods during which Orange, at its absolute discretion or at the discretion of any sub-contractor of Orange, may, from time to time, perform maintenance actions, updates, upgrades, modifications, enhancements, developments, technology changes, network switch-over, or other operational changes;
- legal or regulatory interventions, or changes, which will affect the Orange networks, the Services, the APIs by Orange or the business of Orange;
- in relation to any act or omission of you.
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| 13.2 |
Limitation of Liability |
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Orange is responsible for setting up the necessary means to provide the Services, including the APIs by Orange.
The total liability of Orange for all claims of any kind for any loss or damage, whether in these Terms and Conditions, warranty, tort (including negligence), strict liability or otherwise, or claims for indemnification arising out of, connected with, or resulting from the performance or non-performance of the Terms and Conditions shall not in any event exceed the amount of the prepaid payment the User.
In no event shall Orange be liable for any special, incidental, indirect or consequential damages whatsoever (including without limitation, damages for lost profits, lost savings or lost opportunities, loss of use, business interruption, damages or loss of information or data, or other economic loss, damage to equipment, or other pecuniary loss) arising out of the use of the APIs by Orange, even if Orange has been advised of the possibility of such damages.
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| 14. |
DISCLAIMER OF WARRANTIES |
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EXCEPT OTHERWISE SET OUT LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THE SITE AND/OR USE THE APIs BY ORANGE, THE SERVICES, INCLUDING THE APIs BY ORANGE AND THE DOCUMENTATION, ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE ORANGE, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING THE APIs BY ORANGE AND THE DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANDABILITY, OR SUITABILITY FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED COURSE OF DEALING, OR TRADE USAGE. ORANGE DOES NOT WARRANT THAT THE SERVICES, INCLUDING THE APIs BY ORANGE AND THE DOCUMENTATION, WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE SERVICES WILL BE UNINTERRUPTED.
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| 15. |
ORANGE PRIVACY POLICY |
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In order to continually innovate and improve the APIs by Orange, Orange may collect and monitor certain usage statistics about the Services including but not limited to, the unique identifiers, associated IP addresses, and information through which tools and/or APIs by Orange are being used, and how they are being used.
The data collected shall be examined, in an aggregate form, to improve the Services and is maintained in accordance with Orange’s Privacy Policy.
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| 16. |
MODIFICATION TO THE TERMS AND CONDITIONS |
| 16.1 |
Orange reserves the right to change, alter or modify these Terms and Conditions for any reason at any time. When Orange does so, changes in these Terms and Conditions will be posted on the Site and will be effective and binding immediately from the date of posting. Therefore, you have to check these Terms and Conditions on the Site on a regular basis. If you do not agree to be bound these updated Terms and Conditions, you can terminate your membership pursuant to article 17.1 below.
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| 16.2 |
Nevertheless, Orange will inform you of any essential changes in these Terms and Conditions e-mail. No essential changes of these Terms and Conditions will be binding unless you accept updated Terms and Conditions online.
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| 17. |
TERMINATION OF MEMBERSHIP OR SERVICES |
| 17.1 |
General Provisions for APIs BY Orange |
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You can terminate, at any time, your membership, provided that you notify Orange e-mail fourteen (14) days prior to the end of your membership.
You acknowledge that any breach of the Terms and Conditions gives Orange to right to terminate, without prior notice, your membership. In case Orange wishes to terminate all or part of the Services (including the Free APIs by Orange or the Documentation), Orange will notify you e-mail fourteen (14) days prior to the end of the relevant Service.
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| 17.2 |
Specific Provisions for Free APIs by Orange |
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As set out in article 10.2 above, your right to use Free APIs by Orange is granted Orange as long as such Free APIs by Orange are available for free on the Site.
You acknowledge that any Free APIs by Orange may become, at any time, Chargeable APIs by Orange. Orange shall inform you of such modification of the use of Free APIs by Orange and you shall choose either to cease using the Free APIs by Orange or to pay for its/their use in accordance with the financial conditions provided to you Orange.
All provisions of these Terms and Conditions, which apply to Chargeable APIs by Orange will automatically apply to such Free APIs by Orange, which you have to pay for.
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| 17.3 |
Specific Provisions for Chargeable APIs by Orange |
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As set out in articles 5 and 6 above, Orange may terminate your membership if you do call no Chargeable APIs by Orange for more than twelve (12) months.
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| 18. |
LAW AND JURISDICTION |
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These Terms and Conditions and all other legal relationships between Orange and the User shall be governed , and construed in accordance with, French law and are subject to the non-exclusive jurisdiction of the courts of Paris, France. If the event that a section of these Terms and Conditions shall be held un-enforceable or invalid, this shall not affect the enforceability of the other provisions of these Terms and Conditions.
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| 19. |
SEVERABILITY |
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If any term of these Terms and Conditions is held invalid, illegal or unenforceable, any court of competent jurisdiction, it will be removed and the remaining terms will continue to apply in full force as if these Terms and Conditions had been made without the invalid, illegal or unenforceable terms.
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| 20. |
CONTACT INFORMATION OR REQUIRES |
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Please contact Orange at the addresses below if you need any information or have any requires:
France Télécom SA
Orange API
VSCO MW
3, rue Mazagran
75010 Paris, France
Phone: +33 1 57 09 91 30
Email address: developers@orange.com
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All prices quoted in Euros.
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