preamble

The On service is an online social networking service offering an enhanced address book combined with innovative functions (hereinafter, the "Service").
This Service is offered by the company Orange Vallée, a Simplified Joint Stock Company with a capital of 36,692,070 Euros, registered with the Nanterre Register of Trade and Companies under number B 437 956 089, with its registered office located at 39, rue Louveau - 92320 Chatillon, France.

The Service, accessible at the url address lifeisbetter.com, is open to any individual wishing to use the Service for their own needs, such use being strictly personal and non-commercial.

The Service is currently offered free of charge, during an experimental period known as "bêta publique ", in accordance with the stipulations of these General Terms and Conditions of Use, in particular Clause 7 below.

The purpose of this public beta phase is to allow Users to discover and test the Service, which could be subject to new development or periods of unstability.

Access and use of the Service are subject:
- to these General Terms and Conditions of Use (hereinafter the "GTCUs") which the User expressly accepts upon registering for the Service; and
- to the general rules of conduct applying to the Internet, commonly known as "Netiquette" (accessible at  URL: http://www.afa-france.com/netiquette.html ) - which rules should be considered as forming an integral part of these GTCUs.

clause 1 - definition

In these GTCUs, unless otherwise stated, the following terms have the meaning attributed to them in this clause:
Contacts: means all of the (i) surnames, forenames or corporate names and (ii) details or any other data on the individual and/or corporate entities registered by the User in the directory in their mobile terminal directory and synchronized by the  User, using the enhanced address book offered by the Service.

Account:  means a space accessible from "On", where the following information is stored:
- the User's profile as registered;
- the personal data as registered by the User;
- the personal communication data as registered by the User;
- the Contacts that the User has synchronized into their Account.

The User accesses their account by identifying themselves in the Service with their Username (also known as an "identifier" ) and password.

Portal: means the website www.lifeisbetteron.com from which the User can access the Service.

Social Networks: means all electronic communications services available to the public online which rely on special-interest communities and which offer sharing or community functions.

Service: means a service known as "On", which offers an enhanced address book combined with innovative functions, such as those described in Clause 4  below, connected to Internet networks:
- accessible from the following URL address: lifeisbetteron.com;
- offering the facility to manage and develop the Contacts address book feature;
- offering dynamic status updates between Users connected to the Service at the same time;
- offering communication facilities via voice calls, SMS-type text messages (Short  Message Service ) and instant messaging interfaces (also known as "IM " or "Instant Messaging ").

User: means a major or minor individual who has obtained the prior consent of their legal representative and who has subscribed to the Service, for their own  needs, their use being strictly personal and non-commercial.

clause  2 – purpose

The purpose of these GTCUs is to define the conditions subject to which:
- the Service is made available to Users;
- Users must use the Service.

clause 3 – access to the service

3.1 Technical requirements

In order to be able to use the Service from the Portal, the User must have free use of a micro-computer configured and with the correct settings required to access the Service and must have sufficient technical knowledge to enjoy the normal use of the Service. Generally speaking, the User must have all the necessary equipment, in particular a computer, a modem or any other connection tool, in order to provide them with a connection to the Internet network.

For use of the Service, it is recommended that Users have a High Speed Internet subscription.

3.2 Opening an Account and activating the Service

In order to be able to access and use the Service fully, the User must subscribe via the Portal, providing in a registration form the following information, which is necessary for registration of their account:

- their surname and forename;
- a valid email address or mobile telephone number, which will be their username
- their country; and
- a specific password, which will be personal to them.

In order to protect the User's privacy, it is recommended that their pseudonym, which will be shared with all Users, does not include personal information or any information which could be misleading. Furthermore, the login chosen must not (a) infringe copyright, a trademark or any intellectual property right belonging to others, (b) violate the privacy or other rights of a person, (c) usurp the identity of other persons or of another User (d) must not be harmful to public order or good morals or any other applicable legal clause.

Users undertake to ensure that the information communicated at the time of their registration is reliable and remains in line with reality and future updates. In the event that a

User provides false, inaccurate or incomplete information, Orange Valley shall have the right to cancel their account immediately once it becomes aware thereof.

A unique login and password are created for each Account. The User must keep the latter strictly confidential.

Furthermore, the User must, in order to validate their subscription, familiarize themselves with and accept these GTCUs.

At this time, a confirmation email or an SMS will be sent to the User at the email address or mobile telephone number they have previously provided. The user must click on the link in the SMS or email in order to validate their details.

Once the registration procedure is complete, the User will be able to access and configure their Account.

clause 4 - description of the service

The Service allows the User:
- to create and maintain an online Contacts address book, by collecting information from different sources, such as: (i) the directory of the User's mobile terminal, (ii) the address book from the User's electronic mailbox and (iii) the address books of the various Social Networks of which the User is a member;
- to manage their Contacts by classifying them into as many groups (also  known as "worlds ") as they wish (family, work, friends, etc.);
- to send and receive voice calls and SMS-type text messages (Short  Message Service );
- to connect to other Users and share their status (in terms of mood, location, availability, etc.): these statuses can be dynamic between Users connected to the Service at the same time;
- to connect to the Social Networks to which they belong and IM services;
- to send instant messages (also known as "IM" or "Instant  Messaging") to one or more Contacts;
- to retain and collect information on Contacts, personal information and messages on a central server.

clause 5 - price of the service

The Service is offered to the User free of charge from activation of their Account (excluding mobile telephone and Internet connection/access fees).
In the event that the Service becomes chargeable, Orange Vallée will inform the User of such a change in the use of the Service. The User will have the choice of either ceasing to use the service or continuing to use it subject to the financial terms and conditions provided by Orange Vallée.

clause 6 - user's liability and guarantees

Orange Vallée provides the user with various resources offering them, in particular, communication facilities via voice calls, SMS-type text messages (Short Message Service) and instant message interfaces (also known as "IM" or "Instant Messaging ").

The information provided by the User in the communication spaces accessible from the Portal must not be contrary to the legal and/or regulatory stipulations in force, or to those of these GTCUs. Furthermore, it must not violate the rights of third parties, nor must it be capable of damaging the image of the Service, the "On" brand or the Orange Vallée image.

Thus the User undertakes, in particular, to ensure that none of their Content contains:
- elements which violate personality rights (for example representations of a person with reference to their private life or which could damage their image rights);
- terms, words and/or images which could violate public  order, respect for human beings or their dignity or the protection of  children and adolescents (e.g. pornography, paedophilia);
- terms, words and/or images encouraging, containing or provoking discrimination, abuse, hatred or violence towards a person or a group of persons, in particular on account of their origin or their belonging or otherwise to a particular ethnicity, nation, race or religion, or on account of a handicap, their sexual orientation or any other difference;
- terms, words and/or images encouraging the perpetration of  crimes and misdemeanours such as trading in or consuming forbidden  substances, prostitution, suicide, etc;
- terms, words and/or images seeking to justify or deny war crimes and/or crimes against humanity;
- terms, words and/or images which are injurious or defamatory towards other persons; or which could damage the image or reputation of a brand or any individual or corporate entity, in any way whatsoever.

Users are asked to show good judgement and prudence where the information they access or forward is concerned.

Users also agree to refrain from trying to mislead third parties by usurping the name or corporate name of other persons and, more specifically, by passing themselves off as employees of Orange Vallée.

Users undertake not to synchronize into their account, or, more generally, use within the Service, Content or other data, malicious programmes which could contain viruses, Trojan horses, or worms intended to damage or interfere with the proper functioning of the Service or Application.

Users undertake to warn Orange Vallée of any unauthorized use of their Account, or of any other violation of the security thereof.

clause  7 - liability of Orange Vallée

Orange Vallée offers a service which allows, in particular, the synchronization and hosting of Contacts, data from the User's Account and of any messages that the User may have sent or received.

Orange Vallée cannot be held responsible in the event that a User's Contacts, data and/or messages are found to contain illicit content or content which could violate the rights of a third party. Orange Vallée may in any event suspend or immediately close the Account of the User concerned in the case of obviously illicit content being reported or found to be present.

Orange Vallée cannot be held responsible for the consequences resulting from unauthorized access to an Account by a third party or, more generally, from negligent use of the Account by a User.

Orange Vallée is responsible for the implementation of the resources necessary for the proper functioning of the Service and shall take the necessary measures to maintain the continuity and quality of this Service.

However, the User is reminded that the Service is offered on an experimental basis as the"bêta publique "version and that, consequently, they are responsible for taking all the appropriate steps to minimize the damaging consequences that could result from possible interruption of the Service or from the possible loss of Contacts or of any other data generated by use of the Service.

clause 8 - suspension - cancellation

8.1 Suspension

Orange Vallée reserves the right, in accordance with these GTCUs, officially to suspend the Account of one or more Users without notice or liability for damages in the event that:
- an act of piracy or an attempt illicitly to use information in circulation on the Service or information stored on the Accounts is caused by or originates from a User's Account;
- an act of piracy or an attempt to hack into the equipment on the Orange Vallée network necessary for providing the Service is caused by or originates from the connection with a terminal used by a User;
- Users report that a certain User (a) is not complying with these stipulations (b) is using the Service in such a way as to cause harm to third parties (c) is using the Service in a way which could be contrary to good morals or public order and, in all cases, after an investigation by Orange Vallée;
- in the event of a User failing to comply with these GTCUs, and, in particular, in the event that the latter has distributed in the Portal's shared spaces content which is clearly illicit;
- in the event that the details, and in particular the address provided by a User, do not match their actual details.

8.2 Cancellation of the Account by the User

In order to delete their account, the User must visit the website: http://lifeisbetteron.com and  go to: "Preferences/My Information/Delete My Account".

8.3  Cancellation by Orange Vallée

When a User's Account has been suspended and notice served on the User by email remains unanswered five (5) calendar days after being sent, Orange Vallée shall be entitled officially to cancel the User's Account, without being liable for damages.

Notwithstanding the foregoing, Orange Vallée reserves the right to cancel a User's Account without notice and without liability for damages in the event that the content or comments created by the User were to contain material that is clearly illicit.

Furthermore, Orange Vallée reserves the right officially to delete a User's Account in the event that the User in question fails to authenticate their details on the service for a period of six (6) months or more.

In the event of a final suspension of the Service, the User will be informed by email with one month's notice before closure of the account.

clause 9 - transferability

It is prohibited for a User to transfer to a third party any of the rights or obligations they hold in connection with these GTCUs. In the event of a failure to comply with this ban, in addition to their Account being cancelled, the User may be held liable for the content or for any other data put online or sent via their Account.

clause 10 - personal data

Users are solely responsible for the data that they communicate via the Service and confirm that the data supplied are complete and accurate. The data collected within this Service are processed and used by Orange Vallée within the framework of providing the Service and for the purpose of sending the User emails or SMS messages containing information.

In accordance with the amended Act n°78-17 dated 6 January 1978 relating to data protection, the User may, at any time, access the personal information held on them by Orange Vallée, and ask for it to be amended or deleted, by emailing Orange Vallée at: contact@lifeisbetteron.com , with proof of their identity.

Orange Vallée holds and retains its Users' identification data in accordance with the regulations in force. It may be called upon to forward information relating to the User in connection with legal requirements. For the duration of their use of the Service and for the purposes of proof, data relating to the User and use of the Service will be confidentially retained and archived by Orange Vallée, in accordance with the regulations.

clause 11 -  intellectual property

11.1 The User's Rights

The User is and remains the owner of the data they synchronize or send via the resources provided by the Service, in particular the Contacts, Account data and messages sent or received by the User.

11.2 Orange Vallée's Rights

Orange Vallée is and remains the owner of its Service, software, software applications, graphic charter, brands, logos, designs, technology, databases and content made available to its Users.

Users agree to refrain from using the brand name "On" on  any product or medium, for any reason whatsoever. Users may not infer, from the use of the Service, any authorization to use the brand name "On", for any reason whatsoever.

Users acknowledge that they do not acquire any intellectual property rights over the elements which belong to Orange. Furthermore, Users formally agree to refrain from using them for any purpose other than that which is exclusively outlined in these GTCUs.

All enhancements, updates, derived products, developments whether or not achieved, created or developed by Orange Vallée with regard to the Service are and shall remain the property of Orange Vallée, and you expressly acknowledge and accept that any contribution in the form of services, suggestions, ideas, reports, fault identification, expenses or any other contributions made by the User do not give or grant any right, title or interest in any of the elements or components of the Service.

11.3 Right of use (licence)

Via this document, Orange Vallée grants the User a non-exclusive, non-transferable, revocable right to use the interface and software components of the Service throughout the world; this right may not be sub-licensed.

This authorization is granted for as long as the Service is available free of charge on the Portal.

This authorization is subject to compliance with these GTCUs.

Users must not:
a. use, copy, modify or distribute the interface or software components of the Application, except as expressly authorized by these GTCUs;
b. dismantle, decompile or translate the interface or the applicable software applications, except as explicitly authorised by the applicable laws and regulations;
c. sub-license or concede the interface or the software applications of the Service.

clause  12 - applicable law - general stipulations

If one or more of the stipulations of these GTCUs proves to be null and void or is declared as such by application of a law or regulation or as a result of a final decision by a competent jurisdiction, the force and scope of the other stipulations shall remain intact.

The stipulations declared null and void or invalid shall then be replaced by stipulations which are as close as possible in content to the stipulations initially set out.
The parties shall not be held liable, or deemed to have failed to comply with these GTCUs, for any delay or non-execution, when the cause of the delay or non-execution is related to an event of force majeure as defined by the case law of the French courts.

Any complaint or dispute relating to the Service must be forwarded by email, via the "Contact us" option of the website: lifeisbetteron.com  
These  GTCUs are subject to French law.

clause 13 - contact

Any complaint or dispute relating to the Service must be forwarded by email, via the "Contact us" option of the website: lifeisbetteron.com .

©  Orange Vallée. All rights reserved.

email us