General Conditions of Use of the Service

PREAMBLE

The Liveaudio Service allows any Liveaudio Users to listen to an audio stream of a live event in a limited geographical area without latency.

The Service is provided by:
Orange SA, a French Société Anonyme with registered office at 111, quai du Président Roosevelt 92130 Issy-les-Moulineaux, France, registered with the SIREN under No. 380 129 866 and enrolled with the Registre du Commerce et des Sociétés of Nanterre, with offices at:
Orange Innovation, 40-48, Avenue de la République, 92320, Châtillon, France ("ORANGE INNOVATION").

The Service is free-of-charge open to any User of a Terminal for use of the Service for his/her own needs and for strictly personal, non-commercial purposes.

The Service is provided in French and in English.

Access to and use of the Service are subject to these General Conditions of Use (the 'GCU'), which the User expressly accepts with the use of the Service.

The User undertakes to refrain from using the Service for purposes that bear no direct relation to the objective of the Services proposed by the GCU and refrains from any use not directly related to the intended use of the GCU.
The use of the Service is under the sole responsibility of the User.

ARTICLE 1 - DEFINITIONS

In these GCU, the following terms shall, unless otherwise stated, have the meaning given to them in this article:

Networks: refers to the electronic communication networks open to the public operated by any operator, whatever the technology or standards used by these networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, 4G, 5G, Wi-Fi, WIMAX, etc.).

Device: refers to all 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 he/she 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 strictly personal and 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 the User and the use of the Service.

ARTICLE 3 - ACCESS TO THE SERVICE

Technical requirements: to be able to use the Service the User must have a Device and an appropriate access to the Network.
ORANGE INNOVATION is in no case liable for performance and / or technical capabilities of the Device and or Internet that may affect the use of the Service.

In order to benefit from the functionalities of the Service, the User must accept geolocation to identify his/her presence in the area authorized for the Service.

To be able to use the Service from the Application, the User must have a Device with appropriate access to the Networks.

Updates: to fully benefit from the Service, the User may need to download the updates provided by ORANGE INNOVATION as available. Any downloaded Application is only valid for a limited time and is subject to change based on updates and any other new technical, legal or regulatory changes.

ARTICLE 4 - COST OF THE SERVICE

The Service is provided by ORANGE INNOVATION 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

Use of the Service
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 ensure that the use of the Service is compliant with the terms of his/her (voice/data) subscription with his/her Internet operator.
The User undertakes not to use the Service in breach of the GCU or any applicable law or regulation.

Embargo
The User warrants that he/she (i) does not live in a country subject to an embargo by the United States government or is designated by the United States government as a 'terrorist supporting country' and (ii) is not on a United States government list of 'prohibited or restricted parties'.

ARTICLE 6 - ORANGE INNOVATION' RESPONSIBILITY

The Service is provided on an "as is" basis without any guarantees from ORANGE INNOVATION.
ORANGE INNOVATION in no way guarantees that the Service and/or Application are error-free or suited to the specific needs of the User.
The User agrees expressly that ORANGE INNOVATION has no direct or indirect or induce liability regarding the Service.

ARTICLE 7 - SUSPENSION AND TERMINATION

ORANGE INNOVATION reserves the right to adapt, stop or suspend (temporarily or permanently) the access to the Service at any time, without justifications and without paying any indemnity.

The User is free to stop using the Service without prior notification.

ARTICLE 8 - PERSONAL DATA

The User is solely responsible for the data that he/she provides via the Service and warrants that the data provided are accurate and complete.
The User's personal data collected as part of the Service are processed to enable its geolocation to identify his/her presence in the area authorized for the Service.
For further information on the management of personal data and the User's rights, please consult the Service's personal data protection notice.
ORANGE INNOVATION is not liable for any loss of data or corruption of data.
The User may request any related information by contacting ORANGE INNOVATION 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 INNOVATION
ORANGE INNOVATION is and remains the owner of its Service, software applications, graphic guidelines, trademarks, logos, concepts, technologies, software, databases and content made available to the Users, to the exclusion of any third-party software, data or API used for the purpose of supplying the Service.
The User recognises that he/she does not acquire any intellectual property rights over the elements belonging to ORANGE INNOVATION or any elements from or in the Service. He/she shall also strictly refrain from using these elements for any other purpose than that set out in these GCU and to keep them confidential.

Any improvements, updates, derived products or upgrades concerning the Service, be they performed, created or developed by ORANGE INNOVATION, are and will remain the property of ORANGE INNOVATION, and the User recognises and expressly accepts 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.

Third party rights:

The User acknowledges that it does not acquire any intellectual property right on any element made available by the Service including the audio stream.

Any reproduction, including registration, total or partial, modification or use of the elements made available by the Service, and more generally of other intellectual property rights attached to the Service for any reason and on any medium whatsoever is strictly prohibited.

The use and access to the Service does not confer any rights to the User/User on any element of content.

If elements made available by the Service are protected by systems of protection of digital rights («Digital Rights Management» or DRM) that allow to control their use. The User/User undertakes not to circumvent or undermine this protection system necessary for the use of the Service.

It is also expressly forbidden to use them in a context other than that exclusively provided for in these GCU.

ARTICLE 10 - APPLICABLE LAW AND GENERAL PROVISIONS

These CGU and related Personal Data Notice ("Privacy Notice") constitute the entire rights and obligations applicable under the Service.
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 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.
The courts of Paris, France, shall have exclusive jurisdiction to settle any disputes that may arise from or in connection with the CGU or the Service.
In the event of translation, only the French signed version shall be authoritative.

ARTICLE 11 - CONTACT

Any notification, request, demand, claim, challenge, communication or other to be given or made hereunder or concerning the Service or the GCU shall be made by the email at live.audio@orange.com