Orange API Specific Terms for Cloud France API
Service Provider: Orange SA, with registered address located at 78, rue Olivier de Serres, 75015 Paris, France (VAT registered: FR 89 380 129 866) (“Orange”).
Version number: 2.0
Date: Jan 25, 2016
1. CLOUD FRANCE API DESCRIPTION
Cloud France API gives access to the service called “Orange cloud” (retail offer only) allowing End-Users to store, on a remote storage space and within the limits of the storage capacity provided by Orange, all types of digital materials or data and to share with third parties the access to such digital materials and data. End-Users must:
(a) have subscribed with Orange (i) to a fix internet access offer and/or a mobile access offer including an access to Orange cloud or (ii) to Orange cloud as an option if not included in their fix or mobile offer; and
(b) have accepted the terms and conditions of Orange cloud.
Cloud France API is offered to You together with Identity France API. Identity France gives access to Orange authentication allowing End-Users to authenticate and to use the service of your API Client, as defined in section 1 of the Orange APIs General Terms. Identity France API allows to authenticate End-Users located in France only.
Cloud France API is provided by Orange for free. New pricing may be introduced by Orange at any time, in accordance with the provisions of section 7 of the Orange APIs General Terms.
3. CONTRACTUAL DOCUMENTS
The Terms, as defined in section 1 of the Orange APIs General Terms, consist of (i) such Orange APIs General Terms and (ii) these Orange API Specific Terms for Cloud France API. In case of any discrepancy between the Orange APIs General Terms and the Orange API Specific Terms for Cloud France API, the latter shall prevail.
4. SPECIFIC CONDITIONS OF CLOUD FRANCE API
4.1. Service Availability. Orange will use its best efforts to provide Cloud France API with reasonable care and skill. Orange will grant no guarantee or warranty with respect to Cloud France API. In addition, Orange informs You that Cloud France API may be subject to (i) suspension at any time for technical or operational reasons (in particular but not limited to maintenance operation) or (ii) removal for indefinite periods of time for any reasons or events that are not under the direct or indirect control of Orange.
4.2. Prerequisite with respect to End-Users. To use Cloud France API, You must ensure that End-Users have access to the internet or mobile network, stated that the relevant access fees (including roaming fees or costs) are the liability of End-Users. You are informed that End-Users must have all necessary equipment, including a computer or a smartphone, a modem or any other connection tool to enable them to be connected to the internet or mobile network.
4.3. Cloud France API. Only the API Clients that are interfaced, via the Cloud France API, with Orange cloud platform can offer End-Users to store, on Orange cloud, digital materials or data and to share with third parties the access to such digital materials and data.
To access their Orange cloud user account and storage space, End-Users must be authenticated by Orange by using their Orange internet and/or mobile user account. This authentication is used to get the required information to be able to use the API requiring an “access_token” (OpenId Connect); and to perform identity federation.
When End-Users will first access their Orange cloud user account through your API Client and if the authentication of any End-User by Orange is valid, Orange identity platform will display a page called “Notice of Consent”. Through this Notice of Consent, the End-User, that has been authenticated by Orange, will have the choice to accept (or not) to share with You the access to its digital materials and data stored in its Orange cloud storage space in compliance with the Cloud Terms & Conditions (http://boutique.orange.fr/doc/contrat3810.pdf). If any End-User does not agree to share with You the access to its digital materials and data stored in its Orange cloud storage space, You will not be able to access any of them.
The End-User can revoke at any time the permissions given to your API Client at the address: https://openid.orange.fr/oidc/permissions.
4.4. Grant of Rights to Use. Orange retains all right, title and interest in and to Intellectual Property Rights related to Cloud France API and You are granted a limited right to use the Cloud France API under section 3 of the Orange APIs General Terms.
4.5. Clear Information of End-Users. You undertake to clearly inform End-Users of the operations performed by your API Client to the Cloud contents. Every access to the contents must be consecutive to a request from the End-User and not performed without his/her consent.
4.6. Full export of Cloud contents. You acknowledge that your API Client will not propose any full Cloud exportation or automatic copy feature.
4.7. Representation with respect to your API Client. You acknowledge that End-Users, who have subscribed to Orange cloud, have accepted the Orange Cloud Terms & Conditions (http://boutique.orange.fr/doc/contrat3810.pdf) under which (i) Orange clearly informs End-Users of the legal rules that apply to third party contents or data; and (ii) End-Users undertake to comply with such legal rules. Therefore, You represent that your API Client does not and will not implement and/or make available any feature or any other technical tool that may allow End-Users to reproduce, represent, copy, download, upload, store, share or otherwise use, in whole or in part, any contents or data, which are protected by third party rights (including copyrights).
4.8. End-Users Rights. You undertake to make available to End-Users, who have agreed to use Cloud France API (i) any and all evidences to enable them to claim their rights and (ii) the terms of changing their consent to the use of Cloud France API.
4.9. End-Users Choice. End-Users may at any time revoke their consent and stop having access, through your API Client, to their Orange cloud user account and their digital materials or data.
Therefore, Orange will cease to provide You access to End-User Cloud contents, when such End-User chooses:(a) to be no longer authenticated by Orange and as soon as possible after receipt of such End-User’s request by Orange and (if applicable) no later than the deadlines required by the relevant laws and regulations;4.10. Test accounts. In case Orange provides you Orange cloud test accounts, those accounts remain the sole property of Orange. It is strictly forbidden to use them for any other purpose than operating Cloud France API with your API Client. Orange can revoke the access to those accounts or delete the accounts with its contents, at any time and at its sole discretion, without prior communication.
(b) to no longer authorize You to access its Cloud data provided by Orange to You as soon as possible after receipt of such End-User’s request by Orange.
5. ORANGE BRANDS, DESIGN RULES AND GRAPHIC RESOURCES
The ORANGE brand and any trademarks, brands or logos owned by Orange (the “Brands”) are subject to exclusive rights and You are granted a limited right to use the Brands under section 13 of the Orange APIs General Terms. When Orange makes available, on Orange Developer website (developer.orange.com), (i) some rules with regard to, with no limitation, design, use of the Brands, (the “Design Rules”) and (ii) some graphic resources (such as buttons, error messages, the Brands) (the “Graphic Resources”), You undertake to fully comply with such Design Rules and Graphic Resources.
Any non-compliance with section 13 of the Orange APIs General Terms, the Design Rules and/or the Graphic Resources may constitute a material breach of these Specific Terms. Therefore, Orange may either suspend these Specific Terms until You fully comply with the Design Rules and the Graphic Resources, or terminate these Specific Terms if You do not fully comply with the Design Rules and the Graphic Resources within a reasonable time.
6. CONDITIONS OF WITHDRAWAL OF CLOUD FRANCE API
Notwithstanding section 9 of the Orange APIs General Terms, Orange will inform You of the termination of Cloud France API one-month in advance of the date of the termination, without prejudice of any claim for damages.