General Terms & Conditions of Use for Memory-Life

Recitals

The Memory-Life service is designed to store and display personal content, including photos, videos, text and sound.

This Service is provided by the company Orange Vallée, a simplified joint stock company with share capital of 36,692,070 euros and with its registered office at 39/49 rue Louveau, 92320 Châtillon, entered in the Nanterre Trade & Companies Register with the number B 437 956 089.

The Service, which can be accessed via the URL address http://www.memory-life.com is open to all adults and minors wishing to make use of the Service for their own purposes, for strictly personal and non-commercial use.

The Service is provided free of charge.

Access to and use of the Service are governed by:

• these General Terms & Conditions of Use (referred to hereinafter as the “TCU”), which the User expressly accepts when subscribing to the Service, and
• the general code of conduct and rules for using the internet commonly known as “Netiquette” (accessible via the URL http://www.afa-france.com/netiquette.html ), these rules being considered as forming an integral part of these TCUs.

Article 1 - Definitions

In these TCUs, unless stipulated otherwise, the following terms have the meanings assigned to them in this article:

Account

means all computer resources and networks assigned to a User, on which the User deposits (“uploads”) and stores the Content that is published on his/her initiative and for which he/she is responsible. The User accesses his/her Account by logging into the Service using his/her User Name (also known as an “ID”) and password.

Content

means all personal digital media, in text, photo, audio, video or any other digital format, as displayed on the page http://faq.memory-life.com/#ajouter), deposited (“uploaded”) and stored by the User in his/her Account.

Portal

means the web site www.memory-life.com via which the User is able to access the Service.

Service

means the private online storage space entitled “Memory Life”, providing the User with a personal Account in which the User deposits (“uploads”) and stores Content, on his/her initiative and for which he/she is responsible.

User

means any adult or minor, having previously obtained permission from their legal guardian, and having subscribed to the Service, for their own purposes, for strictly personal and non-commercial use.

Article 2 – Subject

The purpose of these TCUs is to define the conditions within which:

• the Service is made available to Users,
• Users must use the Service.

Article 3 – Access to the service

3.1 Opening an Account and activation of the Service

In order to be able to use the Service via the Portal, the User must have free use of a PC configured and parameterised for the purpose of accessing the Service and have sufficient technical know-how to enable him/her to use the Service normally. In a general manner, the User must have at his/her disposal all the necessary equipment, including specifically a computer, modem or any other connection device providing a connection to the internet.

Use of the Service requires the User to be in possession of a high speed internet subscription.

The maximum size of Content deposited (“uploaded”) by the User must be 100 MB per file.

In order to access and use the Service, the User must subscribe via the Portal, by entering the following information, which is needed to open an Account, in a registration form:

• a valid e-mail address, which will be his/her ID, and
• a specific password, which will be his/her personal password.

The chosen ID must not (a) infringe any copyrights, brands or any other property rights belonging to others, (b) invade the private life or breach any other human rights, (c) assume the identity of another person or another User (d) undermine public order or decency or breach any other applicable legal provisions.

The User undertakes to ensure that the information provided on registration is reliable, reflects the reality and is constantly updated. In the event that the User should provide false, inaccurate, out of date or incomplete information and should Orange Vallée become aware of this, the latter will be entitled to close the User’s Account immediately.

The User is responsible for activities on his/her Account. He/she must inform Orange Vallée in the event of any unauthorised use of his/her Account or any other threat to its security. He/she will be held liable/responsible for all losses suffered by Orange Vallée or by another User or visitor to the Portal, caused by the actions of anyone within his/her Account.

A unique ID and password are created for each Account. The User must keep these strictly confidential. The User is responsible for maintaining confidentiality regarding his/her Account.

The User must also read and accept these TCUs, in order to confirm his/her subscription.

An e-mail confirmation will then be sent to the User, using the e-mail address he/she has provided.

At the end of the subscription procedure, the User will be able to configure his/her Account.

Article 4 - Description of the service

4.1 The Service’s functionalities

The Service allows the User to:

1. deposit (“upload”) Content to his/her Account in different ways (online interface, dedicated applications, iPhone applications, e-mail, MMS, SMS, etc.),
2. search and browse the Content stored in his/her Account using different viewing options (tiled, spiral, time line, etc.),
3. compare/align Content with content taken from public collections,
4. add collections of Content to personal albums,
5. share certain functionalities with friends and family, in a restricted manner, including films of memories (created using automatic video montages), without allowing direct or indirect access to all other Content,
6. generate automatic video montages using collections of Content,
7. order physical media digitisation services (tapes, cassettes, slides, photos and videos) for his/her own personal media from his/her partner, in accordance with the latter’s terms & conditions of sale http://memorylife.videostockage.com/.

It is specified that the digitisation services mentioned in point g) above are provided by Orange Vallée’s partner, in accordance with the latter’s terms & conditions of sale. When the partner informs Orange Vallée that the User’s personal physical media have been digitised, Orange Vallée takes charge of uploading these digital files to the Account.

4.2 The User’s liability/responsibility and guarantees

Orange Vallée provides the User with various resources enabling him/her to upload and store Content via his/her Account, for which the User is solely responsible.

The Content uploaded by the User to his/her Account must not infringe the applicable legal and/or regulatory provisions, or the provisions of these TCUs. Furthermore, it must not infringe the rights of others, or be liable to damage the image of the Service, the Memory-Life brand and/or the image of Orange Vallée.

Therefore, the User specifically undertakes to ensure that none of the Content uploaded to his/her Account contains:

1. items breaching personality rights (for example, representations – without their prior authorisation – of people in their private or public lives or which breach their image rights),
2. terms, comments and/or images likely to breach public order, respect for people or their dignity, the protection of children and adolescents (pornography, paedophilia),
3. terms, comments and/or images encouraging, containing or triggering discrimination, insults, hate or violence towards a person or group of people, specifically because of their origin, membership of a certain ethnic group, nation, race or specific religion or not, their disability, sexual preference or any other distinctive characteristic,
4. terms, comments and/or images encouraging people to commit crimes and offences, including dealing in and using banned substances, prostitution, suicide, etc.,
5. terms, comments and/or images glorifying, denying or calling into question war crimes and/or crimes against humanity,
6. terms, comments and/or images that are abusive or defamatory to other people or that undermine the image or reputation of a brand or an individual or legal entity, in any way whatsoever.

Furthermore, the User guarantees:

• that the Content uploaded to and stored in his/her Account belongs to him/her or that he/she has obtained all the necessary and sufficient authorisation (particularly in terms of intellectual property rights) from the owners of the Content for the purposes of storage, reproduction and representation within his/her Account,
• that he/she has obtained all the necessary authorisation to upload and store Content featuring other people (particularly in photos or videos).

In a general manner, the User is invited to act in a discerning and prudent manner as regards the information he/she accesses and/or transmits.

Finally, the User undertakes not to upload to his/her Account any Content or other data containing malicious software that may contain viruses, Trojan horses or worms designed to damage or interfere with proper operation of the Service or Portal.

4.3 Orange Vallée’s liability/responsibility

Orange Vallée provides a storage service for Content for private use, which is not intended for public communication.

As a result, Orange Vallée may not be held liable/responsible in the event that the Content in an Account should be illegal and/or breach the rights of others.

Orange Vallée may not be held liable/responsible for the consequences of access to a User’s Account by a third party, caused by the former’s negligence.

Orange Vallée is responsible for putting in place the resources needed for the Service to function properly and, in particular, for maintaining the continuity and quality of this Service.

More specifically, and as outlined in article 4.1 of these TCUs, Orange Vallée is responsible for uploading digital files (which are the result of digitisation of the User’s personal physical media) placed at its disposal by Orange Vallée’s partner http://memorylife.videostockage.com/ to the User’s Account.

4.4 Video-Forever’s liability/responsibility

Pursuant to its general terms & conditions of sale, Orange Vallée’s partner is responsible for:

• providing a digitisation service for the User’s personal physical media, as ordered by the User via the partner’s web site http://memorylife.videostockage.com/ ;

Article 5 - Price, payment terms and invoicing

The Service is provided free of charge by Orange Vallée.

In the event that the Service should become chargeable, Orange Vallée will inform the User of any such change to the conditions for using the Service. The User will be able to choose to cease using the Service or to continue using the Service in accordance with the financial conditions of which he/she will be informed by Orange Vallée.

When placing an order for digitisation and/or printing or publication of physical media, the User is liable as regards Video-Forever for payment of the price of the service ordered, in accordance with Devotis’ general terms & conditions of sale (author of the web site www.for-ever.com).

Article 6 - Suspending and closing a User’s Account

6.1 Suspension of a User’s Account

Orange Vallée reserves the right to automatically suspend the Account of one or more Users, without prior notice or compensation, in the event that:

• any act of piracy (hacking) or attempt to make illicit use of content available on the Portal or Content stored in Accounts is caused by or originates from the User’s Account,
• an act of piracy (hacking) or attempted hacking into equipment on the Orange Vallée network needed to provide the Service is caused by or originates from the connection with the computer used by the User,
• Users or visitors invited by the User or any other people report that a User (a) is failing to comply with these provisions, (b) is making use of the Service in such a way as to harm others, (c) is making use of the Service in a way that infringes decency or public order and, in all such cases, following an investigation by Orange Vallée,
• the User should fail to comply with these TCUs, and specifically in the event that the User should have distributed content that is clearly illegal,
• the details and specifically the e-mail address provided by the User do not match his/her actual details.

6.2 Closing an Account by the User

Any User wishing to close his/her Account must ask Orange Vallée to do so by e-mail, via the “Contact” menu on the web site memory-life.com.

6.3 Closing by Orange Vallée

Once a User’s Account has been suspended, and where a formal notification sent to the User in question by e-mail has remained without effect for a period of five (5) calendar days after the date on which it was sent, Orange Vallée will be entitled to automatically close the User Account in question without compensation.

Notwithstanding the above, Orange Vallée reserves the right to close a User’s Account without prior notice or compensation in the event that the Content uploaded and stored by the User should contain material that is clearly illegal.

Moreover, Orange Vallée reserves the right to automatically remove a User’s Account should the User fail to authenticate the Service for a period of one (1) year.

Should provision of the Service definitively come to an end, the User will be informed of this by e-mail one (1) month prior to cessation of the Service.

Article 8 - Personal data

8.1 The User is solely responsible for the data he/she transmits via the Service and declares that the data provided is fully documented and accurate. The data gathered within the framework of the Service is processed and used by Orange Vallée to provide the Service and to send the User e-mails containing information.

Pursuant to modified law no. 78-17 of 6th January 1978 governing data processing and protection, the User may access personal information relating to him/her held by Orange Vallée, at any time, and ask for it to be amended or removed by means of an e-mail sent to Orange Vallée at contact@memory-life.com with proof of his/her identity.

8.2 Orange Vallée retains and protects its Users’ identity data in accordance with the applicable regulations. It may be required to pass on information relating to the User in response to court orders. For the entire duration of use of the Service and for the purposes of evidence, data relating to the User and use of the Service is retained and archived confidentially by Orange Vallée, in accordance with the applicable legal provisions.

Article 9 - Ownership

The User is and remains the owner of the Content he/she uploads to and stores in his/her Account.

Orange Vallée is and remains the owner of its Service, Portal, software applications, style guide, brands, logos, concepts, technology, software, databases and content placed at the disposal of Users.

The User acknowledges that he/she does have any intellectual property rights to the items belonging to Orange Vallée. He/she also formally undertakes not to use them for any purpose other than that exclusively stipulated in these general terms & conditions.

Both Parties protect their rights, at their own cost and risk. However, both Parties undertake to provide the other party with any assistance that may be necessary or useful in protecting its rights.

Article 10 - Applicable law – General provisions

10.1 Should one or more clauses of these TCUs be invalid or declared as such pursuant to a law or regulation or as the result of a definitive ruling by a competent court, the other clauses will retain all their force and scope.

In this case, clauses declared void and invalid will be replaced by clauses, which reflect as closely as possible the content of the initial clauses.

10.2 The parties will not be held liable/responsible, or considered as having breached these TCUs, for any delay or non-performance, where the cause of the delay or non-performance relates to a case of force majeure as defined by the jurisprudence of French courts.

10.3 These TCUs are governed by French law. In the event of a dispute, the competent court will be that governing the particular individual’s domicile.

Article 11 - Contact

Any complaint or objection regarding the Service must be sent by e-mail via the “Contact us” menu on the web site www.memory-life.com.