General Conditions of Use

Terms and Conditions

PREAMBLE

ORANGE SA, a simplified joint-stock company with 10 640 226 396 euros in capital, registered with Nanterre trade and corporate register under n° 380 129 866 (RCS Nanterre), with registered office located 111 quai du Président Roosevelt, 92130 Issy-les-Moulineaux, FRANCE, (thereafter “Orange” as professional) provides the public with a mobile application regarding a program said in Virtual reality.  

Access to the mobile application and its content requires prior acceptation by the users of the present terms and conditions without any reserve (thereafter “Terms and Conditions”). The applicable Terms and Conditions are the ones in effect at the time of the connection and use of the Application. Downloading of the Terms and Conditions is recommended for documentation purposes.

Publishing director: Christel Heydemann

 

ARTICLE 1 – DEFINITIONS

« App store(s) » refers to all app stores where the Application is available.

« Application » refers to the mobile application called “Eternal Notre Dame” (original title : “Eternelle Notre Dame”), published by Orange and accessible to the Users through Devices and giving access to the Content.

« Content » refers to all or part of accessible information or elements on the Application, especially the general structure, texts, animated images, videos (including trailers), sounds, distinguishing signs, trademarks or logo forming the graphic chart and the relevant databases.

« Device » refers to any device compatible with the Application.

« Territory » refers to the entire world.

« User » refers to the consumer that has downloaded the Application and uses it for its personal needs strictly within the scope of personal non-commercial and not-for-profit use.

« Virtual Reality (VR) » refers to all virtual reality modes known or unknow to this date, including but not limited to cinematic virtual reality (e.g. individual experience with a VR headset or glasses), 360° bi-dimensional formats and “Augmented reality” formats.

ARTICLE 2 – PURPOSE

 

The present Terms and Conditions define the conditions under which Orange provides the User with access to the Application within the Territory.

ARTICLE 3 – DESCRIPTION OF THE APPLICATION

 

The Application gives Users access to a forty-two (42) minute guided tour of the Cathedrale Notre Dame de Paris and its history throughout the centuries in Virtual Reality, via the Device. The Application is available in four languages: French, English, Chinese and Spanish.

The User is solely responsible for the use of the Application. Hence, the User shall take all necessary measures to personally provide any precaution needed during third party’s use of the Application, especially kids.

The User has full control and responsibility over any third party use as it is and remains responsible for any Application’s use.

ARTICLE 4 – ACCESS REQUIREMENTS FOR THE APPLICATION AND PRICE

4.1 Access requirements

The User shall have an internet connection with sufficient speed, equipment with sufficient RAM capacity, compatible software and processor, in order to download and use the Application.

The Application is available on the App stores.

No prior identification is needed to use the Application.

4.2 Price

Downloading and use of the Application is condition to the payment of price. Said price is (i) specified here, all taxes included, and (ii) is part of the provided information on the Application prior to its subscription via the App stores. Orange can modify this price at its discretion, for instance for promotional offers.

The price does not include costs of third-party services, such as Internet service providers, which remain at the User’s charge.

ARTICLE 5 – USER’S COMMITMENTS

5.1 Obligations and responsibilities of the User

The User warrants that it shall:

  • Use the Application with loyalty and, at all times, in compliance with the applicable laws and regulations,
  • Strictly use the Application and accessible Content for personal and non-commercial purpose, without direct or indirect profit motive, and this in compliance with the present Terms and Conditions, the Intellectual Property Code and more generally all applicable laws and regulations, and
  • Make sure that the Application is compatible with the Device.

The User acknowledges that it is prohibited from:

  • Reproducing all or part of the Content or collecting streams of the Content, and
  • Reproducing or redistributing any element of the Application.

The User is sole responsible for:

  • its use of the Application and Content,
  • the material and software required to use the Application and Content, including software contamination and
  • any breach of the Terms and Conditions.

Before any use of the Application, the User commits to read the following warnings:

  • Warning regarding the use of the Application

The User warrants that it shall solely use the Application within a secured space to avoid any risk of harm with the surrounding objects and furniture.

The User warrants that it shall use the VR headset in compliance with the manufacturer’s notice, particularly with respect to the adjustments and fixing of the headset.

The User commits to immediately stop using the Application in case of discomfort or appearance of symptoms such as: eye strain, loss of consciousness, muscle or visual twitching, altered or blurry vision, vertigo, disorientation, balance disorder, coordination problems, excessive sweating, increasement of saliva, nausea,  dizziness, head or eyes discomfort or pain, sleepiness, fatigue, or any symptoms similar to kinetosis (motion sickness).

Those symptoms can last, and the User commits to stay aware after their appearance, including during its daily activities. Therefore, the User commits not to engage in activities requiring visual, physical, balance or coordination efforts e.g. driving any vehicle.

  • Warning regarding epileptic risks and precaution while using video game (decree n°96-360 dated April 23, 1996 on Video Game Warnings)

Some people are susceptible to seizure or loss consciousness when seeing certain types of flashing lights or frequent items in their daily environment. Those people are at risk of seizure while playing certain video games. Such phenomena can appear even when the subject has no medical history or never had an epileptic seizure. If the User has ever had symptoms related to epilepsy (crisis or loss of consciousness) in the context of light stimulation, it is recommended to consult its doctor prior to using the Application. In any case, the User shall respect the following rules with respect to video game use:

  • Avoid playing while tired or sleep deprivation,
  • Play in a well-lit room by monitoring the brightness of the screen,
  • Play at a safe distance of the screen and as far away as the connecting cable allows,
  • During use, take ten (10) to fifteen (15) minute breaks every hour.

5.2 Use by a minor

 

In the event of use by a minor of the Application, the User warrants that it has parental authority or has obtained prior authorization of the legal guardian(s) for any access of the Application and its Content. The User is responsible and if applicable declares that it is the guarantor or that the legal guardian(s) has (have) agreed to be guarantor of the compliance with the Terms and Conditions, particularly with Article 5. The legal guardian(s) commit(s) to supervise the use by the minor of the Application and the Content. As legal representative(s), the User or the legal guardian(s) has (have) the responsibility to determine whether the Application and/or the Content are appropriate of their kid and to monitor the use made.

 

ARTICLE 6 – ORANGE’S COMMITMENTS

Orange warrants that it shall provide the User with access to the Application under the present Terms and Conditions.

Orange reserves its right to temporarily suspend access to the Application without notice, in particular for maintenance purposes. Whenever reasonably possible, Orange will limit the duration of these interruptions and will intervene during the least inconvenient period for the User.

Orange shall not be held responsible for:

  • Any dysfunction or interruption in the provision of the Application and Content, and related to or resulting a case of force majeure as defined by the case law,
  • Any damages suffered by the User and/or third party as a result of using the Application and the Content, if this damage arises from action or omission by the User and/or third party, in non-compliance with the User’s obligations and/or its use of a Device, incompatible with the Application and Content,
  • Any unavailability of any Content due to factor beyond Orange (technical/editorial reasons, network congestion, failure of the Internet service provider, etc.), and
  • Misuse of the Application by the User.

Within the scope of the applicable law and if Orange is held liable for a damage not mentioned in the present article or in the Terms and Conditions, Orange’s liability shall be limited to direct, certain, real and established damages.

ARTICLE 7 – INTELLECTUAL PROPERTY

The User acknowledges that the Application and the Content as well as any element (including but not limited to denomination, commercial names, trademarks, Domain names….) accessible within the Application is the property of Orange or its partners. Any communication and/or reproduction and/or exploitation, of all or part of the Application or the Content, by any means without prior written approval of Orange is strictly prohibited and can qualify as counterfeit within the meaning of applicable regulation.

User’s liability can be found for any infringement in compensation of rightsholder’s damages.

The User is authorized to use the Application solely for its personal use. This use shall not grant any rights to the User on the Content and the Application other than the right to use the Application in compliance with the Terms and Conditions. Any reproduction, communication, modification, decompiling, publishing, exploiting, downloading, extracting, disclosing, translating, adapting or transforming all or part of the Application and/or the Contents, regardless of the means or process used, is prohibited.

In particular, the User is prohibited from:

  • selling, transmitting, distributing, transferring, offering, making available, renting or giving away any element of the Application, including the Content,
  • publishing, online or offline, or distributing any image, sound, file, graphic, clip art, animation, or any other component of the Application, including the Content,
  • exploiting the Contents or any of the elements making up the Application in any public place,
  • extracting by permanent or temporary transfer of all or a quantitatively or qualitatively substantial part of the contents of the database composing the Application on another medium, by any means and in any form whatsoever, as well as reusing, by making public all or a quantitatively or qualitatively substantial part of the contents of the said database, in any form whatsoever, attempting to circumvent, preventing removal, disabling, preventing or blocking encryption or copy protection systems of the programs, editing, modifying, translating or creating derivative works or adaptations of the videos, decompiling, reproducing, reverse engineering, disassembling or transforming the file on which the program is stored into human-readable code, and duplicating or reproducing the program, or any portion of the program on any physical medium, memory or equipment, including but not limited to CDs, DVDs, or any other equipment, such as computers, hard drives or media, whether known or unknown;
  • reproducing and/or publicly representing the Application and/or the Contents outside the family circle, for professional, commercial or promotional purposes; and
  • reproducing, in whole or in part, modifying, altering or using the trademarks belonging to the Orange Group, including the “Orange” trademark, as well as the trademarks of the producers of the Content and more generally of any person having played a role in the production and/or distribution of the Content of the Application, for any reason whatsoever and on any medium whatsoever.

ARTICLE 8 – PERSONAL DATA

 

With respect to its activities and in compliance with applicable law within France and the European Union, Orange warrants that it shall ensure or have ensured the protection, confidentiality and security of User’s personal data as well as ensure User’s privacy.

Hereby, Orange informs the User that the Application does not process User’s personal Data.

ARTICLE 9 – DURATION – TERMINATION

Terms and Conditions are entered into as of their acceptance by the User. They shall remain in effect (i) for as long as the User keeps the Application on its Device or (ii) until Orange withdraws the Application from the concerned App store by disabling access.

The User can terminate Terms and Conditions at any time by deleting the Application from the Device. 

If the User fails to comply with the Terms and Conditions, Orange reserves its right to suspend or terminate access to the Application.

Suspension or termination shall not entitle the User to any compensation from Orange.

ARTICLE 10 – WARRANTY OF CONFORMITY

 

During the two-year following from the provision of the digital content or service, the consumer is entitled to the benefit of the warranty of conformity in case of the appearance of a lack of conformity.   

For the year following the provision, consumer is only required to establish the existence of lack of conformity and not the date of its appearance.

The warranty of conformity entails the obligation to provide all necessary updates to maintain the conformity of the digital content or service.

The warranty of conformity grants to the consumer a right to have the digital content or service brought into conformity without undue delay following its request, at no cost and without major inconvenience.

The consumer may obtain a price reduction by retaining the digital content or service or may terminate the contract with a full refund in exchange for renunciation of the digital content or service if:

  1. the professional refuses to bring the digital content or service into conformity,
  2. the conformity of the digital content or service is unduly delayed,
  3. the conformity of the digital content or service cannot be achieved without imposing costs on the consumer,
  4. the conformity of the digital content or service causes a major inconvenience to the consumer,
  5. the non-conformity of the digital content or service persists despite of the professional’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or a rescission of the contract when the lack of conformity is so severe that it justifies immediate price reduction or the rescission of the contract. In such cases, the consumer is not required to request that the digital content or service be brought into conformity beforehand.

In cases where the lack of conformity is minor, the consumer is not entitled to rescind the contract if the contract does not involve the payment of a price.

Any period of unavailability of the digital content or service aiming to ensure its conformity suspends the warranty until the provision of the digital content or service is again in compliance.

The abovementioned rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

A professional who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).

The consumer also benefits from the legal warranty of hidden defects in application of Articles 1641 to 1649 of the Civil Code, for a two-year period from the discovery of the defect.

This warranty entitles the consumer to a price reduction if the digital content or service is retained or to a full refund in exchange for renunciation of the digital content or service.

 

 

ARTICLE 11 – MODIFICATION OF TERMS AND CONDITIONS

Orange reserves its right to amend and/or improve the Application as well as the Terms and Conditions. These amendments and improvements shall be in effect as soon as they are online. Orange shall inform sufficiently in advance the User of any modification of the Terms and Conditions. Once informed of such update, the User is invited to read these Terms and Conditions.

 

 

ARTICLE 12 – CONTACT

For any request related to the Application, the User can contact Orange through the following email:  eternelle.notre-dame@orange.com.

ARTICLE 13 – GOVERNING LAW AND JURISDICTION

Terms and Conditions are governed by French Law.

Courts of France shall have exclusive jurisdiction to settle any dispute or claim arising from the formation, the interpretation or performance of the Terms and Conditions.

CHINESE VERSION : CLICK HERE