GENERAL TERMS OF USE
The present terms of use have as their object to define the mode and conditions under which France Télécom makes its Pikeo service available to Internet users.
Pikeo is a service that enables the user to access disk space on the France Télécom servers, allowing him to upload, store, organize, consult, and distribute a group of files produced by the user under his sole responsibility, including especially photos and texts, all while offering Users the possibility of adding comments or their own content (hereinafter called “the Service”).
Access to and use of the Service are subject to the present General Terms of Use (hereinafter the “Terms”) that the User must expressly accept at the time of subscription to the Service as well as by the general rules of conduct and use of the Internet commonly called “Netiquette” (accessible from the site http://tools.ietf.org/html/rfc1855), these rules being considered an integral part of the present Terms.
If the User is a minor, the User must state and acknowledge having received authorization from his parents or legal guardian(s) in order to subscribe to and use the Service. The legal guardian(s) have accepted to guarantee respect by the User of all of the provisions in the present Terms of Use.
ARTICLE 1 – DEFINITIONS
In the present general terms of use, the following terms have, unless otherwise specified, the meanings given to them in this article:
Account: all of the software and network resources allocated to a User who may only use them by identifying himself to the Service with his user name and password.
Service: online public communication service entitled “Pikeo,” composed of Editorial Pages and Personal Pages and accessible via Internet from the address http://www.pikeo.com .
Editorial Pages: designate the pages from the Service whose elements are selected, arranged, and animated by France Télécom. The notice, “This page is edited by France Télécom” at the bottom of the page identifies Editorial Pages.
Personal Page: designates the pages from the Service accessible by Internet from the address dedicated to the User and on which the User has stored Content published at his initiative and under his own responsibility.
User: a physical or moral person having subscribed to the Service for his own needs for strictly personal and non-commercial purposes.
Content: designates all of the content stored and published by the User on the personal space allocated to him by the Service on the Personal Page (and particularly any photos, text…).
ARTICLE 2 – OBJECT
The present general terms of use have as their object to define the conditions under which on the one hand, the Service is made available to the Users and on the other hand, under which Users may use the Service.
ARTICLE 3 – ACCESS TO THE SERVICE
3.1 – Technical requirements
In order to be able to use the Service from the Website, the User must have use of a microcomputer matching the configuration and parameters necessary to access the Service and have sufficient technical knowledge to allow him normal use of the Service. In a general sense, the User must provide all the necessary hardware, particularly a computer and a modem or other means of connection, in order to connect to the Internet.
- Photos (image files):
Photos posted must be in JPEG format.
Photos placed online through the Service shall have a maximum size of 5 megabytes per file.
Users are requested to provide information about the photos placed online:
- according to the forms designed for this purpose, in order to index them on the Service, and
- by mentioning key words (“Indexing Tags”)
On Personal Pages, Users can provide titles, indexing tags, descriptions, geographical coordinates, and any other metadata related to photos when the photos are placed online;
- Storage Space for Content placed online by the User:
The Service freely provides the User with storage space of 1 GB to host all of the User’s Content stored with the Service.
3.2 Opening an Account and Activation of the Service
In order to be able to access and use the Service, the User must subscribe, through the Website, by submitting the subscription form with the necessary information to enroll his Account (such as, particularly, a valid email address, a login/username, and a specific, personal password). The Service is not accessible to minors younger than 12 years old.
Logins are unique. The length of the login must be between 4 and 20 characters. The User’s login may not contain any blank spaces; also excluded are special characters (&*@, etc.).
France Télécom also recommends, in order to ensure the protection of the User’s privacy, that the login, also used as a user name, does not include overly personal information.
The User agrees that the information provided at the time of subscription is valid and will be continually kept up to date.
Confidentiality of the login and password are the User’s responsibility.
The User must additionally, in order to confirm his subscription, acknowledge and accept the present Terms.
At that time, a confirmation email will be sent to the User at the email address provided.
After the subscription process, the User may configure his Personal Page.
ARTICLE 4 – DESCRIPTION OF THE SERVICE
4.1 Personal Pages
4.1.1 Functionality
Personal Pages are published by the User and allow him to:
- describe and organize his profile;
- store Content for which he holds all rights;
- administer the publication of the above Content on his Personal Page;
- create and administer a social network of Users;
- geolocate his Content on a dynamic world map;
- manage access rights to his Content: private, family, friends, friends and family, public,
- create HTML links and URLs allowing access to a Personal Page, to images, to albums, to slide shows.
All of the Personal Pages, for which the User grants public access, are visible by any visitor to the Service.
France Télécom provides no backup service and may not in any case be held responsible for the loss of uploaded and stored content.
4.1.2 Your Responsibility as a User
France Télécom provides the User with an Account and storage space allowing him to publish Personal Pages under his sole responsibility.
Article 6-III.2 of the June 21, 2004 of the French law on trust in the digital economy sets forth the possibility for the User not publishing Personal Pages for professional ends to remain anonymous by listing only the hosting company’s name on his Personal Pages.
However, this possibility only remains open if the User has provided France Télécom with all of the following identifying information:
For physical persons:
- first and last names,
- home address and telephone number,
- the name of the publication director, according to the July 29, 1881 French law on press freedom, and the July 29, 1982 law on audiovisual communication. Unless otherwise made known to France Télécom, the User is presumed to be the publication director for his Personal Pages.
For moral persons:
- corporate or business name,
- headquarters,
- where applicable, the Commercial Registration number, corporate capital, and address of the corporate headquarters,
- the name of the publication director, according to the July 29, 1881 French law on press freedom, and the July 29, 1982 law on audiovisual communication.
The user is reminded that he must keep all of this information current. If this information is not kept current, France Télécom may terminate his Account under the terms of article 10 below.
France Télécom will hold and store this identification data according to the regulations in force. France Télécom must by law provide this data to public and judicial authorities upon request.
The Content uploaded must not be contrary to the legal and/or regulatory provisions in force, nor to the provisions of the present Terms of Use. Also, it may not infringe upon the rights of any third party, nor be likely to infringe upon the image of the Service, of the Orange brand, and/or the France Télécom Group.
Thus, the User agrees especially that no Content contains:
- elements infringing upon intellectual property or personality rights (for example content including, without the authorization of the authors and producers, or persons represented, in their entirety or in part, cinematographic or audiovisual works, video clips, representations of a person in the context of his private life, or infringing upon his right of personal portrayal);
- words and/or images likely to infringe upon the public order, upon the respect of the human person or his dignity, upon the equality between men and women, or upon the protection of children and adolescents (pedophilia);
- words and/or images encouraging the commission of crimes and misdemeanors or the sale and consumption of illegal substances, prostitution, terrorism, sexual assault, theft, suicide, violence, voluntary degradation and harm dangerous for persons, attempts upon the authority of the Justice system, etc;
- words and/or images defending, negating, or questioning war crimes and/or crimes against humanity;
- words and/or images encouraging, containing, or provoking discrimination, defamation, hate or violence against a person or group of persons, especially due to their origin, or their affiliation or not with a specific ethnicity, nation, race, or religion, their handicap, sexual preference or any other difference;
- words and/or images that are obscene, insulting, or defamatory to others, especially due to their origin, or their affiliation or not with a specific ethnicity, nation, race, or religion, their handicap, sexual preference or any other difference; or infringing upon the image or reputation of a brand or any physical or moral person, in any manner whatsoever;
- words and/or images of a pornographic nature, or that solicit the exchange, sale, or purchase of pornographic and/or illegal material, including photographs, films, videos, and images, realistic or not, this list not being exhaustive.
The User is requested to show judgment and prudence concerning the information he accesses and/or transmits.
The User is also forbidden from attempting to mislead third parties by usurping the name or company name of other persons and especially from posing as an employee of France Télécom.
Within his Personal Pages, the User must abstain from disclosing information allowing precise identification by name of any third party or of himself, such as electronic addresses and passwords.
The User agrees to alert France Télécom regarding any unauthorized use of his Account, or any other infringement upon the security of his Account.
4.1.3 User’s Guarantee
The User guarantees that he owns, or holds without restriction, all authorizations required in terms of intellectual property rights (copyrights, rights related to copyrights, trade marks) and more generally any rights (right of personal portrayal connected with his Personal Pages and his Content) to publish Content on his Personal Pages.
4.1.4 France Télécom’s responsibility
France Télécom offers a hosting service for Accounts and Personal Pages and assumes, as a consequence, the responsibility defined in article 6-I-2 of the June 21, 2004 of the French Law on Trust in the Digital Economy.
France Télécom declines all responsibility for fraudulent use that may be made of Content uploaded on Personal Pages by Users, for any damages that the User may suffer as a result of use by others of his password, whether or not the User had knowledge of this use, or for unauthorized use by a third party of a User’s Account.
France Télécom may not be held responsible for consequences resulting from access by a third party to a User’s Account within the structure of the Service.
France Télécom may not be held responsible if a User’s Personal Pages contain illicit Content and/or content that infringes upon the rights of a third party. In conformance with article 4.1 above, France Télécom may for any reason delete clearly illicit Content, and immediately suspend or close the Account of the User concerned.
France Télécom is responsible for the implementation of the means necessary to the proper function of the Service and will take the necessary measures to maintain the continuity and quality of this Service.
4.2 Editorial Pages
France Télécom proposes to act as host for the Service with several HTML pages, by listing and showing:
- the latest photos published by the Users,
- the most popular photos,
- user profiles.
This Content will be published on the Editorial Pages by automatic database requests, carried out by software tools, without human intervention, choice, or selection by France Télécom.
Users may not in any case claim special emphasis of their Content, as this is only the result of automatic selection.
France Télécom may also organize contests on its Editorial Pages.
The Editorial Pages will be identified by the notice at the bottom of the page, “This page is edited by France Télécom.”
4.2.1 Authorization for Use
Content shown on the Editorial Pages following its selection under the above terms will be the object of a supplementary agreement between the User and France Télécom in order to authorize the latter to use it under the conditions set forth below.
4.2.1.1 The present authorizations for use of Content granted to France Télécom cover all applicable rights and particularly copyrights having contributed to the creation of works protected by the provisions of the Intellectual Property Code as well as related rights.
The User acknowledges that the present authorizations cover the rights to use the Content that the User has placed online in his Account and that is also published as described above on the Editorial Pages or on the Personal Pages of another User, whatsoever the mode used to access the Service (Internet whatsoever the URL allowing access to the Pikeo Service or by radio communication network open to the public) and this for the ENTIRE WORLD and for the duration of the time the User places the Content online through the Service.
By placing Content online in his Account, the User accepts in their entirety the terms of authorization granted to France Télécom under the conditions listed below concerning its potential publication on the Editorial Pages or the Personal Pages of other Users or any other broadcast method associated with the Service, particularly the Pikeo Website, the Pikeo WAP Service, and the Pikeo mobile Internet service available on iPhone, and Pikeo widgets and gadgets.
4.2.1.2 Distribution on Editorial Pages
The User authorizes France Télécom to:
- reproduce, digitize, and encode the Content placed online by the User in his Account in any format necessary on the France Télécom Servers,
- communicate to the public on the Editorial Pages, freely, in its entirety and/or in part, or on the Personal Pages of Users, the Content for public viewing,
- use the Content for promotion and advertising of the Service exclusively and especially on the Editorial Pages, and according to the means of distribution set forth in the present Terms of Use.
The User also authorizes France Télécom to use on the Editorial Pages, his name and/or user name together with the Content he has placed online in his Account.
The present authorization is granted to France Télécom non-exclusively and free of charge.
4.2.2 User Guarantee
The User attests to being the holder and/or assignee of copyrights and rights pertaining to the Content uploaded to his Account and on the Editorial Pages as well as to any brand, logo, or other graphic works represented where applicable on the Editorial Pages. The User agrees to provide upon the first request by France Télécom all justification of these authorizations.
The User agrees that the Content he places online and that is present on the Editorial Pages does not in any case infringe upon the rights held by third parties under the provisions of the Intellectual Property Code.
THE USER GUARANTEES FRANCE TÉLÉCOM AGAINST ANY LEGAL RECOURSE, ACTION, OR CLAIM WHATSOEVER THAT MAY COME FROM AUTHORS, PHOTOGRAPHERS, OR PERFORMERS, AND MORE GENERALLY, FROM ANY MORAL OR PHYSICAL PERSON HAVING DIRECTLY OR INDIRECTLY PARTICIPATED IN THE PRODUCTION AND DIRECTION OF THE CONTENT AND/OR ABLE TO CLAIM RIGHTS TO THE CONTENT.
4.2.3 Obligations and Limitations to Guarantees by France Télécom
i) In cases where the civil responsibility of France Télécom is legally questioned because of a failure by the User to meet the obligations incumbent upon him in application of the present terms and of the legal and regulatory provisions in force, particularly such as the online publication of Content on the Editorial Pages infringing upon copyrights, related rights, or upon rights or personal portrayal of third parties, France Télécom may call upon the User’s guarantee.
France Télécom reserves, in cases where the User is guilty of an infraction against the legislation in force or of an infringement upon the rights or a third party, the right to provide, at the request of any legitimate authority (jurisdiction, administrative authority, police services), all information allowing or facilitating his identification.
ii) France Télécom may not be held responsible for the omission, voluntary or not, by the User of the names of authors or any other person having participated in the Creation of uploaded Content.
iii) Without prejudice to the specific provisions related to moral rights concerning certain types of Content, France Télécom agrees that any potential technical improvements made to the Content in order to place it online on the Service do not alter the character of the works and respect in all ways the moral rights of the authors by listing the username of the User who has placed the aforementioned Content online.
iv) The User will be informed that the Content he places online through the Service, and for which the User has given public access rights, may be downloaded by any third party visiting the Service, which the User must accept without reservation.
ARTICLE 5 – DURATION
Subscription to the Service is made for an unspecified duration. It takes effect immediately after approval of the enrollment form.
In cases of termination, access to the Service as well as online placement of the User’s Content will be suspended within 7 days. The User is consequently held to take all measures necessary to back up his data and content stored on the pages prior to termination.
Also, France Télécom reserves the right to delete the User’s Content in the event there is no authenticated use of the Service by the User for one year.
ARTICLE 6 – FEES
Subscription to the Service is free (except for the cost of connection to the Service via Internet or cell phone).
ARTICLE 7 – MODIFICATIONS TO THE SERVICE
France Télécom reserves the right to change the Service, particularly by making available new functionalities or by modifying or deleting certain functionalities.
The User will be informed of any modification to the general terms of use at least one (1) month before its entry into force. In this case, the User may terminate his account under the terms of article 10 of the present document without cost within four (4) months from the effective date of the modification in conformance with the provisions of article L121-84 of the Consumer Code.
ARTICLE 8 – MODERATION
In conformance with article 6 clause 7 of Law No. 2004-575, established June 21, 2004, on “trust in the digital economy,” France Télécom will implement an easily accessible measure, visible to all, allowing users of the Service to bring to its attention, via an “alert to the moderator,” any data particularly, but not limited to, the defense of crimes against humanity, incitement to racial hatred or child pornography, as well as against infractions outlined in the fifth and eighth clauses of article 24 of the July 29, 1881 law on the freedom of the press and in article 227-23 of the Penal Code.
The User accepts that the Content on his personal space (derived from his Personal Page) as well as comments written by other Users and/or Internet users may not be contrary, or give access (particularly through hyperlinks), to information or services contrary to legal and/or regulatory provisions nor to the provisions of the present Terms.
France Télécom reserves the right to suspend or terminate without prior notice all or part of any User’s account violating the provisions of the present paragraph, particularly in cases of manifestly illicit content.
France Télécom reserves, in a general manner, the right to delete any Content without prior notice, from the Editorial Pages that it manages.
ARTICLE 9 – SUSPENSION OF CLOSURE OF THE ACCOUNT OF A USER OF THE SERVICE
France Télécom reserves the right, in conformance with the stipulations listed in the present document to suspend or to close, by rights, a User’s account without prior notice nor indemnity in the following cases:
- any act whatsoever of piracy or attempt to illicitly use information circulating on the network due to or originating from the User’s account;
- an act of piracy or attempt to pirate France Télécom’s network equipment necessary for provision of the Service due to or originating from the connection with the User’s equipment;
- information concerning the User as communicated at the time of subscription by the latter is false, incomplete, or clearly fictitious;
- marketing of the Service in any form whatsoever by the User to one or more third parties or abusive use of the Service;
- in case of the presence on a Personal Page of Content contrary to the provisions of the present document and particularly in cases of manifestly illicit content.
ARTICLE 10 – TERMINATION OF THE USER’S ACCOUNT AND TERMINATION OF THE SERVICE
10.1 Any termination at France Télécom’s initiative will be the object of notification by email sent to the User’s email address.
10.2 The User may terminate his account at any time by email sent to support@pikeo.com: this termination will take effect within 7 days.
10.3 Termination of a User’s Account will entail the deletion of Content placed online on France Télécom’s servers. It remains then to the User, under his exclusive responsibility, to back-up all of his Content on his own equipment.
10.4 In case of suspension of the Service, the User will be notified by an information screen at the time of connection to the Service.
10.5 In case of the definitive end to the Service, the User will be notified by an email sent 1 month prior to closure.
ARTICLE 11 – PERSONAL DATA
11.1 The User is solely responsible for the data that he transmits through the Service and acknowledges that the data provided are thoroughly researched and precise. Data collected by the Service will be processed and used by France Télécom for provision of the Service and to send informational emails to the User.
In conformance with Law No. 78-17 established on January 6, 1978, the User may at any moment access personal information concerning him held by France Télécom, and request its modification or deletion, by email sent to support@pikeo.com, by verifying his identity.
11.2 France Télécom may be required to communicate information concerning the User within the framework of judicial requests.
For the entire duration of the use of the Service and for all valid reasons, data concerning the User and the use of the Service are confidentially stored and archived by France Télécom in conformance with legal provisions.
ARTICLE 12 – APPLICABLE LAW
If one or more stipulations of the present Terms are invalid or declared as such through the application of a law or regulation, or following the final decision by a court having jurisdiction, the other stipulations will remain significant and in force.
The stipulations declared null and invalid will then be replaced by stipulations that closely resemble the content of the stipulations initially laid out.
The parties may not be held responsible or considered to be in default of the present Terms, for any delay or failure to execute, where the delay or failure to execute is linked to an act of God as defined by the jurisprudence of French courts.
The present Terms represent the entirety of the agreement between the parties and replace all prior agreements or declarations, oral or written, relating to their object.
Any claim or dispute related to the Service must be sent in writing to the following address: support@pikeo.com .
The present Terms are subject to French law. In case of dispute with a merchant concerning the interpretation, execution, or validity of the present Terms, the Court having jurisdiction will be the Commercial Court of Paris. In case of dispute with a physical person, the court having jurisdiction will be that of the physical person’s domicile.
