Orange API Specific Terms for Search Toptrends 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. Search Toptrends France API Description
Search Toptrends France API allows your API Client, as defined in section 1 of the Orange APIs General Terms, to automatically identify topics, which are (i) the most searched at a time by the users of Orange search engine and (ii) related to topics that are the “buzz” on the internet media, blogs and social networks (the “Topics”). When the Topics are identified, Search Toptrends France API gives, through URL addresses only, End-Users an access to third party contents.
Search Toptrends 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. You acknowledge that You will not receive any payment from or revenue-shared generated by the display of advertising on the ad spaces of Orange Search Engine web site (http://www.lemoteur.fr/), which may be reached by End-Users when clicking on hyperlinks associated with the Topics.
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 Search Toptrends France API. In case of any discrepancy between the Orange APIs General Terms and the Orange API Specific Terms for Search Toptrends France API, the latter shall prevail.
4. Specific Conditions of Search Toptrends France API
4.1. Service Availability. Orange will use its best efforts to make Search Toptrends France API available 24 hours a day, 7 days a week, 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 Search Toptrends 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. Search Toptrends France API. The number of buzz topics is variable and may be zero. Images are not systematic. Since Orange propose the first image in the list of results, it is possible that some buzz generate list of topics without image. Exceptionally URL addresses provided can become not clickable.
4.4. Grant of Rights to Use. Orange retains all right, title and interest in and to Intellectual Property Rights related to Search Toptrends France API and You are granted a limited right to use the Search Toptrends France API under section 3 of the Orange APIs General Terms.
4.5. Limitations on the Use of Search Toptrends France API. Your API Client must not suggest any other URL addresses than those provided by Orange or modify such URL addresses. The number of calls to Search Toptrends France API is limited to five thousand (5.000) requests per day, being stated that the contents and information related to the Topics are refreshed every hour and available up to 3 minutes after. It is imperative to refresh to ensure the freshness of buzz. You undertake to query the API every hour and implement a catching feature into your API Client in order to respect such limit of five thousand (5.000) calls per day. Any breach to the limit of five thousand (5,000) calls per day may constitute a material breach of these Specific Terms. Therefore, Orange may either suspend these Specific Terms until You fully comply with the limit of five thousand (5;000) calls, or terminate these Specific Terms if You do not fully comply with such limit within a reasonable time.
4.6. Contents and Information related to the Topics. The Topics and any contents or information related to such Topics are edited or displayed by third parties and are for End-Users’ general information and personal and non-commercial use only. They are subject to change at any time without notice. Orange neither represents, nor warrants that the contents or information related to the Topics are accurate, complete or suitable for any purpose. You acknowledge that such contents and information may contain inaccuracies or errors and, to the extent permitted by law, Orange has no responsibility for such contents and information. Section 6 of the Orange APIs General Terms applies to the contents and information related to the Topics.
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.partner.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 Search Toptrends France API
Notwithstanding section 9 of the Orange APIs General Terms, Orange will inform You of the termination of Search Toptrends France API one-month in advance of the date of the termination, without prejudice to any claim for damages.