Avatar Messenger is a new fun way of communicating with your friends. Create your own 3D customized avatar then send messages to your friends. Add embedded animated gestures to your messages to express emotion.
General Conditions of Use
FOR APPLICATIONS PUBLISHED IN ORANGE LABS PRIMEZONE
GENERAL CONDITIONS FOR USE OF THE
AVATAR MESSENGER SERVICE FOR ANDROID OS
The AVATAR MESSENGER Service allows Users of Android devices to communicate in a new fun way: create your own 3D customized avatar then send messages to your friends. Add embedded animated gestures to your messages to express emotion on (hereinafter the ‘Service’).
This Service is provided by Orange Innovation UK Ltd (Private company limited by shares) N° 419 33 79, headquartered at Building 10, Chiswick Park 566, Chiswick High Road, W4 5XS London, UK (hereafter referred to as ‘Orange Labs’).
The Service accessible via the AVATAR MESSENGER 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 in UK and France.
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 AVATAR MESSENGER,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 Android 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 AVATAR MESSENGER which is connected to the Networks.
Device / Devices: Refer to all Android (Android 2.2, ARM7+, OpenGLES2.0) 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
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).
The costs of SMS are 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 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.
ARTICLE 7 – SUSPENSION AND TERMINATION
ORANGE LABS 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 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 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 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.
LEGAL NOTICE “AVATAR MESSENGER”
Orange Innovation 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
Hosting services provider
RCS Paris 380 129866
Head office : 78 rue
Olivier de Serres,
Phone number : 01.44.44.22.22
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.