Draw with me!
Draw with me Service for APPLE iOS
The Draw with me Service allows Users via a iMessage extension to make a drawing with several other Users seeing eachtime only a small part of the previous drawing on a Device compatible with Apple iOS (the “Service”). The Service is provided by Orange SA, a French limited company (société anonyme) with capital of 10.640.226.396 €, headquartered at 78, rue Olivier de Serres, 75015 Paris, France, with offices at Orange Labs, 40-48, Avenue de la République, 92320, Châtillon, France (“Orange Labs”).
The Service accessible via the Draw with me software application is open to any individual who wishes to use the Service for his/her own needs and for strictly personal, non-commercial purposes.
The Service is provided free-of-charge, without any limitation territory.
Access to and use of the Service are subject to these General Conditions of Use (the “GCU”), which the User expressly accepts when registering for the Service.
THE USER AGREES NOT TO USE THE SERVICE FOR ILLEGAL USE OR PROHIBITED BY THESE CGU OR ANY APPLICABLE LAW.
ARTICLE 1 - DEFINITIONS
In these GCU, the following terms shall, unless otherwise stated, have the following meanings:
Application: means the software application titled Draw with me, which provides access to the Service and which the User has chosen to download onto his/her Device for free from the Apple AppStore.
Networks: means the electronic communication networks open to the public and operated by Orange SA, regardless of the technology or standards used by these networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi, WIMAX, etc.). The Service is connected to the Networks.
Device / Devices: means all Apple iOS terminal devices from version 10 (including touch-screen tablet-type mobile devices) which may be connected to the Internet via the Networks.
User: means a natural person, whether adult or a minor who has obtained prior permission from their legal representative to use the Service, who uses the Service for their own needs and for personal, non-commercial purposes.
ARTICLE 2 – PURPOSE
These GCU’s govern Orange Labs’ provision and the User’s use of the Service.
ARTICLE 3 – ACCESS TO THE SERVICE
3.1 Technical Requirements
To use the Service from the Application, the User must have a Device and have subscribed to a data option in their mobile phone subscription, regardless of the mobile operator the User subscribes to.
The responsibility of Orange Labs will in no case be accepted if the User is unable to access the service due to the performance and / or technical capabilities of the Device and or internet.
3.2 Service Activation
The User confirms that the information he or she provides to Orange Labs is continuously reliable, accurate and current.
ARTICLE 4 - COST OF THE SERVICE
Orange Labs provides the Service to the User for free, excluding any mobile phone subscription costs or charges for connection and access to the internet or Networks.
ARTICLE 5 – USER OBLIGATIONS
5.1 Unauthorized use of account
The User will inform Orange Labs of any unauthorised use of his/her account, or any other threat to the security of his/her account.
The User warrants that he/she (i) does not live in a country subject to an embargo by the United States government or is designated by the United States government as a ‘terrorist supporting country’ and (ii) is not on a United States government list of ‘prohibited or restricted parties’.
5.3 Compliance with third parties contracts
The User warrants that he/she will comply with the terms of any third-party contracts related to the User’s use of the Application. In particular, the User must confirm that he/she is not in violation of the terms of his/her data or mobile phone subscriptions.
ARTICLE 6 - ORANGE LABS’ RESPONSIBILITY
6.1 Resources necessary for the running of the Service
Orange Labs is responsible for providing the resources necessary so that the Service operates correctly. Orange Labs undertakes to maintain the continuity and quality of the Service.
To fully benefit from the Service, the User may need to download the updates Orange Labs provided by Orange Labs as available. Any downloaded Application is only valid for a limited time, and is subject to change based on updates and any new technical, legislative or regulatory changes over which Orange Labs has no control.
6.3 Providing the Service
Orange Labs in no way guarantees that the Service and/or Application are error-free or suited to the specific needs of the User.
6.4 Responsibility towards Apple
Orange Labs is solely responsible for any claim for liability, loss or damage resulting from a non-conformity in the Service, or the failure of the Service to comply with any kind of guarantee of any nature whatsoever.
The User and Orange Labs agree and accept that with respect to the operation and use of the Service, Orange Labs, and not Apple, is liable for any claim, made by a User or a third party, for (i) damage caused by things, (ii) violation of an applicable law or regulation, (iii) consumer law and intellectual property law violations.
The User and Orange Labs agree and accept that Apple and its subsidiaries are parties to these GCUs and that, from the moment these GCUs are accepted by the User, Apple may demand that the User fulfil his/her contractual obligations under these GCUs.
ARTICLE 7 – SUSPENSION AND TERMINATION
Orange Labs reserves the right to stop providing the Service in the Apple AppStore without prior notice and without penalty. Orange Labs may at any time permanently stop providing the Service.
Upon termination, the User will still be bound by the guarantees made and by the exclusions and limitations of Orange Labs liability. In addition, Orange Labs will not be liable to Users or any third party for any termination of access to the Service.
ARTICLE 9 - INTELLECTUAL PROPERTY
9.1 User Rights
The User is and remains the owner of his or her data and any messages sent or received by the User.
9.2 Orange Labs’ Rights
Orange Labs is and remains the owner of its Service, the Application, software, software applications, graphic guidelines, trademarks, logos, concepts, technologies, software, databases and content made available to the User. The User agrees that he/she does not acquire any intellectual property rights in Orange Labs’ property. The User shall expressly refrain from using Orange Labs’ property for any purpose other than as set out in the GCU.
Any improvements, updates, derivative works or upgrades regarding the Service, whether performed, created or developed by Orange Labs, are and remain Orange Labs’ property, and you recognise and expressly accept that any contribution in the form of services, suggestions, ideas, reports, identification or defects, expenditure, or any other contribution made by the User shall not confer any right, title or interest in any of the elements or components of the Service.
These GCUs do not give the User, with respect to the Application, its source code and/or software components, the right to sublicense, assign, use, copy, modify, distribute, access, disassemble, decompile or translate the Application, except as expressly authorised by applicable law.
ARTICLE 10 – APPLICABLE LAW AND GENERAL PROVISIONS
If one or more terms in these GCUs are deemed null and void by application of a law or regulation, or as the result of a final decision of a competent court, the remaining terms continue in full force and applicability. Any terms deemed null and void shall be replaced by terms similar in content to the invalid terms.
These GCU are governed by French law. The parties will not be held responsible, or considered to have breached these GCU, in the event of any delay or incomplete performance caused by a force majeure as defined by the case law of the French courts.
Article 11 - CONTACT
Any claim, dispute concerning the Service, request to access, rectify or delete personal data, must be emailed to Orange Labs in the ‘Contact us’ section of the Application.