General Conditions of Use
FOR APPLICATIONS PUBLISHED IN ORANGE
LABS
GENERAL CONDITIONS FOR USE OF THE
INSTAFLOW SERVICE FOR
APPLE iOS
PREAMBLE
The INSTAFLOW Service operates on devices compatible with Apple iOS and enables you (“User”) to
browse photos from the « Instagram »
service (« http://instagr.am/ ») using
multicriteria search. Results of queries are displayed as photo stacks grouping
similar pictures. Recursive expansion within the stacks allows to focus
research unless you
prefer to browse elsewhere and find new pictures (hereinafter the ‘Service’).
Your
access to and use of this Service are subject to the following terms allowing
use of the Service. Your acceptance of, and agreement to abide by each of the
terms and conditions set forth below are constituted by your registration to
the Service.
This Service is offered by the
company France Telecom R&D UK LTD (Private company limited by
shares) N° 419 33 79, headquartered at Building 10, Chiswick Park 566, Chiswick High Road, W4 5XS
London
(hereinafter referred to as ‘Orange Labs’).
The Service accessible via the INSTAFLOW 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, worldwide.
Access to and
use of the Service are subject to these General Conditions of Use (hereinafter
the ‘GCU’), which the User expressly
accepts when registering for the Service.
ARTICLE 1 - DEFINITIONS
In these GCU,
the following terms shall, unless otherwise stated, have the meaning given to
them in this article:
Application: refers to the software application
entitle INSTAFLOW,
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: Refers
to the electronic communication networks open to the public operated by ORANGE,
whatever the technology or standards used by these networks (cable, satellite,
ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi, WIMAX, etc.).
Service: Refers to a service entitled INSTAFLOW which is connected to the Networks.
Device
/ Devices: Refer to all Apple iOS terminal
devices (particularly, but not only, touch-screen tablet-type mobile devices)
which may be connected to the Internet via the Networks.
User: Refers to a natural person, be it an
adult or a minor who has obtained prior permission from his/her legal
representative, who uses the Service for his/her own needs and for purely
personal, non-commercial purposes.
ARTICLE 2 – PURPOSE
The purpose of
these GCU is to lay down the conditions in which:
-
the Service is made available to Users;
-
the Users must use the Service.
ARTICLE 3 – ACCESS TO THE SERVICE
3.1 Technical requirements
In order to be
able to use the Service from the Application, the User must have a Device and
have subscribed to a ’data’ option in his/her mobile phone subscription,
regardless of the mobile phone operator with which the User has taken out
his/her subscription.
3.2 Activation of the Service
The User
undertakes to ensure that the information communicated and recorded during
activation is reliable and accurate and that it is constantly updated.
ARTICLE 4 - COST OF THE SERVICE
The Service is
provided by ORANGE LABS free of charge (excluding (i) mobile phone subscription
costs (ii) charges for connection and access to the Internet network).
ARTICLE 5 – RESPONSIBILITY AND GUARANTEES OF
THE USER
The User
undertakes to inform ORANGE LABS of any unauthorised use of his/her account, or
any other threat to the security of his/her account.
The User
guarantees (i) that he/she does not live in a country that is the subject of an
embargo by the United States government or that is designated by the United
States government as a ‘terrorist
supporting country’ and (ii) that he/she does not feature on a list of ‘prohibited or restricted parties’
established by the United States government.
The User
guarantees that he/she will comply with the terms of any contracts agreed with
third parties that are applicable within the context of use of the Application.
In particular, the User must check that he/she is not in violation of the terms
of his/her (voice/data) subscription with his/her mobile phone operator.
ARTICLE 6 - RESPONSIBILITY OF ORANGE LABS
ORANGE LABS is
responsible for implementing the necessary resources for the correct operation
of the Service and shall take the measures necessary to maintain the continuity
and quality of this Service.
In
order to continue to benefit fully from the Service, the User may have to
download the updates proposed by ORANGE LABS when they are made available. In this respect, any
Application downloaded by a User is valid for a limited time only, given these
updates and the potential technical, legislative or regulatory changes over
which ORANGE LABS has no control. ORANGE LABS in no way guarantees that
the Service and/or Application are error-free or suited to the specific needs
of the User.
Any action for
liability, loss or damage resulting from a non-conformity in the Service, or
the failure of the Service to comply with the terms of any kind of guarantee of
any nature whatsoever, shall be the sole responsibility of ORANGE LABS.
ORANGE LABS and the
User recognise and accept that ORANGE LABS, and not Apple, shall, within the
framework of the operation and use of the Service, answer any action for
liability (i) for damage caused by things, (ii) based on the violation of an
applicable law or regulation, (iii) based on the violation of the provisions of
consumer law and intellectual property law, whether these actions be brought by
a User or a third party.
ORANGE LABS and the
User recognise and accept that Apple and its subsidiaries are parties to these
general conditions and that, from the moment these general conditions are
accepted by the User, Apple will have grounds to demand that the User fulfil
his/her contractual obligations under these general conditions.
ARTICLE 7 – SUSPENSION AND TERMINATION
ORANGE LABS
reserves the right to stop providing the Service in the Apple AppStore
without prior notice and without paying any indemnity. Similarly,
ORANGE LABS may permanently stop providing the Service to Users.
ARTICLE 8 - DATA
The User is
solely responsible for the data that he/she communicates through the Service
and declares that the data provided are perfectly accurate and complete. The
data collected as part of the Service are processed and used for the purposes
of providing the Service.
ORANGE LABS
holds and keeps the identification data of its Users in accordance with the
regulations in force. It may have to communicate information about the User if
so requested by the courts. Throughout the entire period of use of the Service
and for all evidential purposes, the data concerning the User and the use of
the Service are kept and archived confidentially by ORANGE LABS, in accordance
with the legal provisions.
The User may
request any related information by contacting ORANGE LABS in accordance with
the provisions of Article 11 below.
ARTICLE 9 - INTELLECTUAL PROPERTY
9.1 Rights of the User
The User is
and remains the owner of the data in the Account and the messages sent and
received by the User.
9.2 Rights of ORANGE
LABS
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 Users.
The User
recognises that he/she does not acquire any intellectual property rights over
the elements belonging to ORANGE LABS. He/she shall also strictly refrain from
using these elements for any other purpose than that set out in these GCU.
Any improvements,
updates, derived products or upgrades concerning the Service, be they
performed, created or developed by ORANGE LABS, are and will remain the
property of ORANGE LABS, 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.
9.3
Right of usage (licence)
ORANGE LABS hereby
grants the User a non-exclusive, non-transferrable, revocable right of use,
which is valid for the whole world and cannot give rise to a sub-licence, for the
Application and/or the software components of the Application.
This
authorisation is granted for as long as the Service remains available free of
charge and the user uses the Application on a device compatible with Apple iOS.
This authorisation
is subject to compliance with these GCU and the Usage Rules available in the
App Store Terms of Service.
Authorisation does
not authorise you to access or use any source code of the Application and/or
the software components of the Application.
The User must not:
- Use,
copy, modify or distribute the Application and/or the software components
of the Application, except as
expressly authorised in these conditions of use;
- Disassemble,
decompile or translate the Application and/or the software components of
the Application, except as expressly authorised by the applicable laws or
regulations;
- Sub-licence
or assign the Application and/or the software components of the
Application.
ARTICLE 10 – APPLICABLE LAW AND GENERAL
PROVISIONS
If one or more
stipulations of the present GCU should be declared null and void by application
of a law or regulation, or as the result of a definitive decision of a
competent jurisdiction, the other stipulations shall maintain all of their
force and scope of applicability.
The
stipulations declared null and void shall then be replaced by stipulations that
are closer in content to the initially decided stipulations.
The parties
will not be held responsible, or considered as having breached these GCU, in
the event of any delay or incomplete performance caused by a case of force
majeure as defined by the case law of the French courts.
These GCU are
subject to French law.
Article 11 - CONTACT
Any claim or
challenge concerning the Service must be sent by email in the ‘Contact us’
section of the Application.
