GENERAL CONDITIONS FOR USE OF THE
WHAT’S THAT TRACK SERVICE FOR
ANDROID OS
PREAMBLE
The What’s that track service is a service that enables Users to organize some games from Deezer playlis on a
device compatible with Android OS (hereinafter
the ‘Service’).
This Service is offered by the
company France Telecom SA registered
under N° 380 129 866 of RCS of Paris headquartered at 6 place d’Alleray
75015 Paris (hereinafter referred to as ‘ORANGE’).
The Service accessible via the What’s that track 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.
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 What’s that track which provides access to the Service, is
available for free on the GOOGLE Inc, Android
Market AppStore 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 What’s that track which is connected to the Networks.
Device / Devices: 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 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
In order to be able to access to 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.
ARTICLE
4 - COST OF THE SERVICE
The Service is provided by ORANGE 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 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
ORANGE 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 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 has no control.
ARTICLE 7 –
SUSPENSION AND TERMINATION
ORANGE reserves the right to stop
providing the Service on the GOOGLE Inc, Android Market AppStore without prior notice and without paying any indemnity.
Similarly, ORANGE
may permanently stop providing the Service to Users.
ARTICLE 8 -
INTELLECTUAL PROPERTY
8.1 Rights of ORANGE
ORANGE is and remains the owner of its
Service, the Application, software, software applications, graphic guidelines,
trademarks, logos, concepts, technologies, 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. 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 , are
and will remain the property of ORANGE, 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.
8.2 Right of usage (licence)
ORANGE 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, Android Market AppStore.
Authorisation does not authorise the User 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
9 – 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 10 -
CONTACT
Any claim or challenge concerning the Service must be
sent by email in the ‘Contact us’ section of the Application.
GENERAL CONDITIONS FOR USE OF THE
WHAT’S THAT TRACK FOR APPLE iOS
PREAMBLE
The What’s that track Service is a service that enables Users to organize some games from Deezer playlist on
a device compatible with Apple iOS (hereinafter
the ‘Service’).
This Service is offered by the
company France Telecom SA registered
under N° 380 129 866 of RCS of Paris headquartered at 6 place d’Alleray
75015 Paris (hereinafter referred to as ‘ORANGE’).
The Service accessible via the What’s that track 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.
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 What’s that track, 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 What’s that track 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
In order to be able to access to 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.
ARTICLE
4 - COST OF THE SERVICE
The Service is provided by ORANGE 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 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
ORANGE 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 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 has no control.
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 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 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 reserves the right to stop
providing the Service in the Apple AppStore
without prior notice and without paying any indemnity. Similarly,
ORANGE may
permanently stop providing the Service to Users.
ARTICLE 8 -
INTELLECTUAL PROPERTY
8.1 Rights of ORANGE
ORANGE 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. 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, are
and will remain the property of ORANGE, 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.
8.2 Right of usage (licence)
ORANGE 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 the User 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
9 – 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 10 -
CONTACT
Any claim or challenge concerning the Service must be
sent by email in the ‘Contact us’ section of the Application.
LEGAL NOTICE “WHAT’S THAT TRACK ?”
LEGAL INFORMATIONS
Editor
FRANCE TELECOM R&D UK LTD ("ORANGE
LABS") Private company limited by shares N° 419 33 79
Address : Building 10 Chiswick Park
566, Chiswick High Road, W4
5XS LONDON
Phone
number : +442 089 87 1900
Publisher
director
Marie-Noëlle
JEGO-LAVEISSIERE
Hosting services provider
France TELECOM SA
RCS Paris 380 129866
Head office : 6 place
d’Alleray
75015 PARIS
Phone number :
01.44.44.22.22
Crédits
ORANGE LABS
DATA
ORANGE LABS holds and keeps the identification data of
its Users in accordance with the regulations in force. Any claim or challenge
concerning the Service must be sent by email in the ‘Contact us’ section of the
Application WHAT’S THAT TRACK ?
Third
Party Software
:
1)Robotlegs framework (http://www.robotlegs.org) :
Copyright (c) 2009, 2010, 2011 the original author or authors
Robotlegs framework est distribué selon les termes de la licence MIT (https://github.com/robotlegs/robotlegs-framework/blob/version2/LICENSE)
2)AS3 Signals
Copyright (c) 2009 Robert Penner
AS3 est distribué selon les termes de la licence MIT (https://github.com/robertpenner/as3-signals/blob/master/MIT-LICENSE.txt)
3)CommandSignal
Copyright (c) 2009 the original author or authors
CommandSignal est distribué selon les termes de la licence MIT (https://github.com/joelhooks/signals-extensions-CommandSignal/blob/master/LICENSE)
4)AS3Corelib
Copyright (c) 2008, Adobe Systems Incorporated, All rights reserved
AS3Corelib est distribué selon les termes de la licence "BSD 3-clause /
new" (https://github.com/mikechambers/as3corelib)
5)Tweenlite
Copyright 2011, GreenSock, Inc.
Tweenlite est distribué selon les termes d'une licence ad hoc (http://www.greensock.com/licensing/)
6) Flex Framework (http://www.adobe.com/fr/products/flex)
Copyright © 2011 Adobe Systems
Incorporated, All rights reserved.
Flex Framework est distribué selon les termes de la licence Mozilla
Public License (http://www.mozilla.org/MPL/)et de la
licence "Adobe Flex licence" (http://www.adobe.com/products/eulas/)
http://opensource.adobe.com/wiki/display/flexsdk/Legal+Stuff
7) STANDARD FONT LICENSE
Copyright (c) 1999 by Samuel
Reynolds. All rights reserved.
8) L'application "What's that Track" s'est librement
inspirée des exemples de code disponibles à l'adresse suivante :
http://www.flexstuff.co.uk/"
