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Orange Partner Basic Member terms and conditions
By registering as an Orange Partner Basic Member on www.orangepartner.com (the " Site")
you agree to be bound by the terms and conditions set out below. These terms are in
addition to the Site terms and conditions, including the Privacy Policy which shall continue in
full force and effect.
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Submission of information and materials. By submitting any information or materials via the Site, via email or otherwise (“Submission”) you warrant to France Telecom SA("Orange") and to each company in respect of which Orange owns directly or indirectly more than 20% of the capital and/or voting rights (“Orange Group company”) that:
- the Submission will not contain any item that is unlawful;
- you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before making any Submission;
- you own the material or have the unlimited right to provide it to Orange and Orange may publish the Submission free of charge and/or evaluate it or any concepts described in it for incorporation in Orange's products or services without accountability or liability;
- you agree not to take any action against Orange or any Orange Group company in relation to such publication and/or evaluation and you agree to indemnify Orange and each Orange Group company if any third party takes or threatens any action against it or them in relation to any Submission.
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Use of submitted information and materials. By making a Submission, you do so in the knowledge that Orange may copy, modify, distribute or create a derivative work from that Submission in any form, for the purposes of evaluation of the Submission or concepts described in it. You warrant that:
- the material or information is fit for publication and agree to indemnify Orange and each Orange Group company if any third party takes or threatens to take any action against us in relation to the Submission;
- Orange and each Orange Group company may publish the Submission and/or evaluate it or any concepts described in it for use in its products and services without liability and you agree not to take action against Orange or any Orange Group company in relation to such evaluation.
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No liability for information posted by users. Orange does not and cannot review all content posted by users on the Site. Orange has no responsibility for the content posted by users on the Site. Orange may at any time in its sole discretion and without giving prior notice remove any content posted by you and other users.
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Prohibition on posting certain information. You agree not to cause, or knowingly allow others to cause, any nuisance, annoyance or inconvenience, whether to Orange or to any of its suppliers, business partners, Orange Group companies, customers or users of the Site by any means. You also agree not to use the Site to transmit any material which is defamatory, offensive or obscene or menacing or which may in Orange's judgment cause nuisance, annoyance or inconvenience to Orange or any other person or which is illegal, improper, immoral or fraudulent. You will not use the Site such that you would cause the whole or any part of the Site to be interrupted, damaged, rendered less efficient or impaired in any way.
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Duty to notify Orange. You agree to tell Orange immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Site or any information or material which you have posted on the Site. You will immediately at the request of Orange stop the acts or remove the materials complained of. If Orange asks you to, you must confirm the details of the claim in writing.
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Indemnity. To the extent to which you cause, or a person authorised by you or for whom you are responsible causes, loss or damage to any person in the course of your being an Orange Partner Member, you agree to indemnify Orange immediately on demand in relation to any and all such losses or damages attributable to Orange including where necessary any legal, administrative or technical charges .
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US Export Controls. Access to this Site is restricted to persons who are not "Denied Persons" or "Designated Foreign Nationals" as such phrases are defined under US export laws and regulations. The "List of Denied Persons" is currently available at www.bis.doc.gov (The Bureau of Industry and Security, formerly known as the Bureau of Export Administration, homepage) and the "List of Designated Foreign Nationals" is currently available at www.ustreas.gov/ofac. Orange Basic Partner Members, Premium Members and Contracted Partners post information and materials on the Site at their own risk.
You warrant to Orange that:
- you do not appear on the List of Denied Persons or the List of Designated Foreign Nationals and in the event that you subsequently appear on either list you will immediately cease to use the Site;
- you are not located in, under the control of, or a national or resident of any country to which the US has embargoed goods;
- you will not access, download, use or export information, software, products or services contained on this Site in violation of the US export laws or regulations, or in violation of any applicable local laws or regulations; and
- you will comply at all times with any export laws and regulations applicable to you from time to time.
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Law. This contract and all other legal relationships between you and Orange shall be governed by and construed in accordance with English law and are subject to the non-exclusive jurisdiction of the English courts. If any part of this contract shall be held to be unenforceable or invalid this shall not affect the enforceability of any other provisions of this contract.
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Changes to the contract. Orange reserves the right to vary the terms of this contract (including, for the avoidance of doubt the Privacy Policy and the Site terms and Conditions) from time to time, such variations becoming effective immediately upon posting of the varied terms on the Site. By continuing to use the Site you will be deemed to accept such variation.
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Termination of membership.
- At any time your membership may be terminated by either you or Orange. If you do wish to end your membership you will need to notify Orange by giving 14 days notice to terminate by email to developers@orange.com
- If you breach this contract Orange at its sole discretion may suspend or terminate your membership without notice or block access to the whole or part of this Site, or issue a warning to you in respect of the breach. Examples of behaviour which might cause Orange to terminate your membership with immediate effect include (without limitation): a) failure to comply with this contract; or b) if any information supplied by you to Orange is false or misleading.
Your sole right and remedy against Orange in relation to this Site, including if you are unhappy with any term of this contract, any changes to this contract, or your ability to use this Site, is to terminate your membership. Any decisions made by Orange in relation to this Site and your membership will be final.
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