General Conditions of Use
FOR APPLICATIONS PUBLISHED IN ORANGE
GENERAL CONDITIONS FOR USE OF THE
Paperplane SERVICE FOR ANDROID OS
The Paperplane Service provides a fun and easy to use
interface to send and receive your messages on a device compatible with Android OS. It allows you to draw a doodle on a received image and send it (hereinafter the ‘Service’).
This Service is provided by Orange SA, a public limited liability company incorporated under the laws of France as a Société Anonyme with capital
having its main office at 78, rue Olivier de Serres, 75015 Paris, France,
electing for the purposes hereof the following place of business: ORANGE LABS,
38-40 rue du Général Leclerc, 92794 Issy‑les‑Moulineaux Cedex 9, France, hereinafter
referred to as ‘ORANGE LABS’.
The Service accessible via the Paperplane 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
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 entitled Paperplane,which provides access to the Service, is
available for free on the GOOGLE Inc, Google Play Store and which the
User has chosen to download onto his/her Device for free from the Android
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 Paperplane which is connected to the Networks.
Refer to all Android operating system 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
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
ARTICLE 3 – ACCESS TO THE SERVICE
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).
The cost of sending images and text depends
on MMS and SMS pricing according to the User’s subscription plan.
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
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
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.
ARTICLE 7 – SUSPENSION AND TERMINATION
ORANGE LABS reserves the right to
stop providing the Service on the GOOGLE Inc, Google Play Store 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
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
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.
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 the Android operating system.
This authorisation is subject to compliance
with these GCU and the Usage Rules available from the GOOGLE
Inc, Google Play Store.
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;
decompile or translate the Application and/or the software components of
the Application, except as expressly authorised by the applicable laws or
- 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
Article 11 - CONTACT
Any claim or challenge concerning
the Service must be sent by email in the ‘Contact us’ section of the