Terms of service


The object of the present terms of use is to define the policies and conditions under which France Telecom makes the Djinngo service available to Internet users. The service is provided by France Telecom (hereinafter France-Telecom), public limited company with its headquarters located at 6, place d’Alleray 75015 Paris, licensed by the Commercial Registry of Paris under number 380 129 866, or by any other company in the France Telecom Group, existing or to come, in which the latter directly or indirectly has holdings.

The “Djinngo” service is an online community service, called “Djinngo,” allowing various types of content (images, sounds, text, video, Widgets, feeds…) to be placed online, aggregated, imported, made visible, and/or distributed through the Internet, with the possibility of exchanging and sharing this content. All of the functionalities of the Service are described in article 4.1 of the present Terms of Use. The service may be accessed through an internet connection through the domain name and subdomain Djinngo.com and also from the URLs of third party and/or partner sites (hereinafter, the Service).

Access to and use of the Service are subject to the present General Terms of Use (hereinafter, the “Terms”) that the User expressly accepts upon registration with the service as well as by the general rules of Internet conduct and usage, commonly called “Netiquette” (accessible at the URL http://www.afa-france.com/netiquette.html), these rules being considered as integral parts of the present Terms.

Article 1 - Definitions

Gallery : designates the space in which Users may explore, use, and/or download Widgets.

Blog : designates the public pages of a User of the Service accessible on the Internet from an address dedicated to that User and upon which Content selected by the User is stored and/or edited under his responsibility. Thus, these pages are visible to other Users of the site/any internet user.

Account : All of the software and network resources allocated to a User, who may only use them by signing into the Service with his user name and password.

Content : designates all content (images, sounds, text, videos, Widgets, feeds…) and third party services accessible via the Service.

Webtop : designates the private pages of a User of the Service, accessible on the Internet with a user name and password, and upon which Content selected by the User is referenced and/or edited under his responsibility. These pages are only visible to the User.

User : adult or minor physical person accessing the Service as a personal account holder and contributor of Content, having subscribed to the Service for his own needs and for the purposes of strictly personal and non commercial usage.

Visitor : adult or minor physical person who accesses the Service without being a User.

Widget : designates here a small application developed by a User and/or by France Telecom to carry out a practical function allowing Content to be displayed.

Article 2 - Object

The object of the present general terms of use is to define conditions under which the Service is made available to the Users on the one hand, and under which the Users may use the Service on the other.

Article 3 - Access to the Service

3.1 Technical requirements

To be able to use the Service from the Internet Site, the User must have free use of a microcomputer configured and parameterized to access the Service and have sufficient technical knowledge for normal use of the Service. In general, the User must have all the necessary hardware, including a computer or a compatible mobile terminal, and a modem or any other connection tool in order to connect to the Internet.

It is the User’s responsibility to take all appropriate measures to protect his own data and/or software and to save his data before and after placement on the Service.

3.2 Opening an Account and activating the Service

In order to become a User, a Visitor must register through the Internet Site by providing, through the registration form, certain information necessary for registering his Account (such as last name, first name, address, telephone number, valid email address, a unique login/user name and specific password).

User names are unique. A user name must be between 4 and 20 characters long. There can be no spaces between characters in the User’s login; no special characters (&*#@, etc.) may be used.

In order to ensure the User’s privacy, France Telecom also recommends that the login, which is also used as a user name, does not include information that is too personal.

The User commits that the information communicated at the time of subscription is reliable and true, and is continually kept up to date.

If the User is a minor, the User declares and acknowledges having obtained permission from his parents or legal guardian or guardians to subscribe to and use the Service. The legal guardian(s) have accepted to guarantee the User’s respect for all of the provisions in the present Terms of Use.

It is the User’s responsibility to maintain confidentiality of his login and password.

Additionally, the user must acknowledge and accept the present Terms in order to confirm his subscription.

Upon acceptance, a confirmation email will be sent to the User at his registered email address.

After the registration process, the User may configure his Webtop and Blog.

Article 4 - Service description

4.1 Functionalities

The primary functionalities of the Service include :

  • A welcome portal providing a brief overview of all the Service’s functionalities;
  • An easy to manage personal space, called a “web,” providing the Webtop service;
  • A Blog : a space for the construction of your graphic creative universe in which to present and share your interests;
  • A community in which to interact :

    • To manage your social network
    • to explore, find inspiration, exchange content, and communicate with other Users

  • Navigation tools to find information and orient oneself anywhere on the site

    • practical information and navigation tools available at any time

  • Storage space for your Content;
  • A Gallery : a space for exploring, using, and/or downloading Widgets.
  • An Agency : a space for finding information about, developing, and publishing Widgets.


All of the Blogs that Users have designated as “public” may be viewed by any visitor to the Service.

France Telecom does not provide any data protection service and may not in any case be held responsible for the loss of posted or stored content.

The Service is completely customizable and Users select the layout for the Content they publish.

A User who publishes a Widget may integrate it into the Gallery in order to share it with the other Users of the Service. The Gallery is fed by the Users themselves, or where necessary, by France Telecom. In any case, France Telecom does not select or filter the content made available by the Widgets and thus does not determine the Content made available to the Users of the Service in any way.

4.2 Your responsibility as a User of the Service

France Telecom makes available the functionalities that allow the User to publish Content through the Service under the User’s sole responsibility.

France Telecom does not control links to other sites or other Internet sources. As such, you acknowledge that France Telecom may not be held liable for the Content. Additionally, you acknowledge that we may not be held liable for any damages or losses resulting from the use of the Content and/or the Widgets available in the Gallery.

Article 6-III.2 of the June 21, 2004 law on trust in the digital economy makes it possible for the User who does not publish for professional purposes to remain anonymous by providing only the name of the host.

However, this possibility only exists if the User has provided France Telecom with all of the following identifying information :

For physical persons :

  • last name, first names,
  • address and telephone number,
  • the name of the publication director, under the July 29, 1881 law on the freedom of the press and the July 29, 1982 law on audiovisual communication. Without indication to the contrary made known to France Telecom, the publication director of a Blog is assumed to be the User.


For corporations :

  • company name,
  • address of corporate headquarters and telephone number,
  • where necessary license number in the Commercial Registry, corporate capital, and the address of the corporate headquarters,
  • the name of the publication director, under the July 29, 1881 law on the freedom of the press and the July 29, 1982 law on audiovisual communication.


The User is reminded that he must keep all of this information up to date. If not, France Telecom may terminate his Account under the terms of article 9 below.

France Telecom will hold and keep these identification data in compliance with the regulations in force. It must by law send this information to public and legal authorities upon their request.

The Content distributed must not contradict any legal and/or regulatory provisions in force, or any provisions of the present Terms of Use. Additionally, it must not infringe upon the rights of third parties, nor be likely to infringe upon the image of the Service, the Orange brand and/or the France Telecom Group.

As such, the User commits, in particular, that no Content, whether or not he is the author, and that no comment posted by a third party on his Blog contain :

  • elements infringing upon the intellectual property or publicity rights (for example, content using entire, or excerpts of, cinematographic or audiovisual works, video clips, or representations of the private life of a person or infringing upon his right of personal portrayal without authorization from the authors and producers or persons represented);
  • ideas and/or images likely to affect the public order, respect for a human being or human dignity, the equality of women or
  • ideas and/or images encouraging the commission of crimes and misdemeanors or the sale and consumption of prohibited substances, prostitution, terrorism, sexual assault, theft, suicide, violence, voluntary damage or waste dangerous to people, infringement upon the authority of Law, etc;
  • ideas and/or images defending or negating or questioning war crimes and/or crimes against humanity;
  • ideas and/or images encouraging, containing, or provoking discrimination, defamation, hate or violence against a person or group of people, especially because of their origin, or their affiliation or not with a specific ethnicity, nation, race, or religion, of their disability, sexual preference, or any other difference;
  • ideas and/or images that are profane, insulting, or defamatory to others, particularly due to their origin or their affiliation or not with a specific ethnicity, nation, race, or religion, of their disability, 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;
  • ideas and/or images likely to infringe upon the image of the France Telecom group;
  • pornographic ideas and/or images or those soliciting the exchange, sale or purchase of pornographic and/or illegal materials, including photographs, films, videos and images, realistic or not, without this list being exhaustive.
  • ideas and/or images encouraging the corruption of a minor or the pornographic exploitation of the image of a minor or which, in general, include pornographic content or the representation of sexual acts and/or practices of any sort, regardless of the technical or artistic method of representation.
  • Explicit “erotic” or “sensual” ideas and/or images that might be shocking to the sensibilities of minors, regardless of the technical or artistic method of representation.


The User is asked to show judgment and caution regarding the information that he accesses and/or transmits.

The User is also prohibited from trying to mislead third parties by usurping the name or corporate name of other persons, and especially from posing as an employee of France Telecom.

Within the framework of the Service, the User must abstain from disclosing information allowing the precise identification of names of third parties or of himself, especially email addresses and passwords.

The User commits to notify France Telecom of any unauthorized use of his Account, or any other infringement upon the security of his Account.

4.3 Intellectual property rights and the User’s guarantee

By accepting the present General Terms of Use, the User grants to France Telecom, for any Content and/or Widget that he places online through the Service, the rights to reproduce, communicate, distribute, encode, convert and use the Content for the purposes of the Services and for the following operations :

  • The communication, distribution, and use of Content, immediate or at a later date, destined for all or part of the public through the Service;
  • The User has been informed by the General Terms of Use that this authorization covers the rights of representation, reproduction, and use of this Content regardless of the means used to access the Service (Internet, GSM or UMTS public wireless communication networks) for the ENTIRE WORLD and for the entire time that the User makes this Content available on the Service.


The User certifies that he is the owner and/or holds all copyrights and rights bearing on the Content and/or Widgets posted in his Account. As such, the User declares and guarantees that :

  • the Content and/or Widgets do not include any unauthorized use of any other work or recording of a type that would engage the liability of France Telecom;
  • He has regularized, if necessary, transfers or licenses for rights in compliance with the requirements of the Intellectual Property Code or for publicity rights with the authors, screenwriters, dialog writers, persons represented, photographers, directors, actors, producers of sound recordings, publishers of musical works for synchronization rights, producers of video recordings, employees or freelancers, and more generally, any third party who may hold rights to all or part of the elements composing the Content.
  • The excerpts and citation of Content elements placed online respect the rights of third parties and are as limited and brief as possible.


The User commits to provide all supporting documentation for these authorizations at France Telecom’s first request.

The User is responsible for comments posted on his Blog by third parties. He commits to delete any comment that may infringe upon the rights of a third party, such as defamatory or insulting comments.

THE USER GUARANTEES FRANCE TELECOM AGAINST ANY RECOURSE, ACTION, OR CLAIM MADE AGAINST FRANCE TELECOM BY ANY OTHER USER OR BY ANY MORAL OR PHYSICAL THIRD PARTY REGARDLESS OF ITS FOUNDING, ESPECIALLY THE VIOLATION OF THE PRESENT DOCUMENT OR OF THE RIGHTS OF THIRD PARTIES BY THE USER.

4.4 Obligations and limits on liability of France Telecom

Under the Service, France Telecom provides hosting for the Service and consequently assumes the liability defined in article 6-I-2 of the June 21, 2004 law on trust in the digital economy.

France Telecom is responsible for the implementation of the resources necessary for the proper functioning of the Service and will take the necessary measures for the maintenance and continuity and for the quality of the Service.

France Telecom declines all liability for fraudulent usage as may be made of the Content distributed by the Users, for any damage whatsoever that a User may suffer due to the use of his password by another person, whether or not the User had knowledge of this use, or from unauthorized access of a User’s Account by a third party.

France Telecom may not be held liable for the consequences resulting from third party access to a User’s Account under the Service.

France Telecom may not be held liable in cases where a User’s Content contains illicit Content and/or Content that infringes upon the rights of a third party. In compliance with article 4.1 above, France Telecom may, in any case, delete manifestly illicit Content and immediately suspend or close the Account of the User concerned without that User being able to claim any right to compensation.

In cases where the France Telecom’s civil liability may be legally sought for a breach by the User of the obligations incumbent upon him through the enforcement of the present document and of the legislative and regulatory provisions in force, especially including the online publication of Content infringing upon copyrights, performance rights, or publicity rights of third parties, France Telecom may implead the User.

In cases where the User is found guilty of an infraction against the legislation in force or an infringement upon the rights of a third party, France Telecom reserves the right to provide all information allowing or facilitating his identification upon the request of any legitimate authority (jurisdiction, administrative authority, police services).

France Telecom may not be held liable for the omission, voluntary or not, by the User of the names of authors or any other person having participated in the creation of posted Content.

Without prejudice to the specific provisions related to moral rights and bearing upon certain types of Content, France Telecom commits that any technical upgrades potentially made to Content in order to post them online through the Service do not alter the character of the works and respect all points of the moral rights of their authors by listing the nickname of the User who posted the aforementioned Content online and the name of the author and/or the source of third party Content.

The User has been informed that the Content he places online through the Service, and for which he has granted rights of public access and sharing, may be used by any third party visiting the Service for personal purposes, which the User declares to accept without reserve.

Article 5 - Duration of the agreement

Subscription to the Service is made for an indefinite period. It takes effect immediately after confirmation of the registration form.

In case of termination, access to the Service as well as the online placement of the User’s Content will be suspended within 7 days. The User is consequently held to make provisions in advance in order to save the data and content hosted on the pages.

Additionally, France Telecom reserves the right to delete the User’s Content in cases where the User does not sign into the Service for a period of one year.

Article 6– Fees

Subscription to the Service is free (excluding the cost of connecting to the Service via an Internet provider which is the User’s responsibility).

However, third parties may decide to bill for access to all or part of their content, especially where third party Content is provided.

Article 7- Modification of the Service

France Telecom reserves the right to upgrade the Service, especially by making new functionalities available or by modifying or deleting certain functionalities.

Article 8 - Moderation

In compliance with article 6 clause 7 of Law no. 2004-575 dated June 21, 2004, “on trust in the digital economy,” France Telecom has implemented an easily accessible and visible device allowing any person to bring to its knowledge, through a “report abuse” link, any data, especially but not limited to, defending crimes against humanity, inciting racial hatred or child pornography, as well as of any infractions against the fifth and eighth clauses of article 24 of the July 29, 1881 law on freedom of the press or of article 227-23 of the Criminal Code.

The User acknowledges that the Content on the Service as well as comments made by other Users of the Service must not be contrary or give access (especially through hypertext links), to information or services contrary to legal and/or regulatory provisions or to the provisions of the present Terms.

France Telecom reserves the right to suspend or terminate all or part of the account of any User violating the provisions of the present paragraph without prior notice, especially in cases of manifestly illicit content, without the User being able to claim any right to compensation whatsoever.

Article 9 - Suspension or closing of a User’s Account on the Service

France Telecom reserves the right, in compliance with the stipulations in the present document, to suspend or close a User’s account by right, without prior notice nor compensation in the following cases :

  • violation of the obligations he bears under the present document or for abusive use of the Service;
  • any act of hacking whatsoever or attempt to illicitly use information circulating on the network due to or originating from the User’s account;
  • any act of hacking or attempt to hack the France Telecom network equipment necessary for the provision of the Service due to or originating from a connection with the User’s equipment;
  • the information concerning the User as communicated at the time of his registration is false, incomplete, or manifestly fictitious;
  • commercialization of the Service in any form whatsoever by the User to one or more third parties;
  • in cases of presence on the Service contrary to the provisions of the present document and especially in cases of manifestly illicit content.


Article 10 - Termination of the User’s Account and stopping the Service

10.1 France Telecom will notify the User of any termination by email sent to the User’s email address.

10.2 The User may terminate his account at any moment by sending an email to : this termination will be immediate.

10.3 The termination of a User’s Account will include the deletion of Content placed online on France Telecom servers. It is thus the User’s sole responsibility to save all of his Content in a form that belongs to him.

10.4 In cases of suspension of the Service, the User will be notified by an information screen upon connecting to the Service.

10.5 In cases of a final stop to the Service, the User will be notified by an email sent one month before the closing.

Article 11 - Personal Data

11.1 The User is solely responsible for the data that he communicates through the Service and declares that the data provided are complete and accurate. The data collected for the Service will be processed and used by France Telecom for the provision of the Service and to send to the informational email Test program.

In compliance with law no. 78-17, dated January 6, 1978, the User may access his personal information held by France Telecom at any time and request its modification or deletion by letter addressed to France Telecom – Division Centre d’Exploration – katoa – 6 place d’Alleray – 75505 Paris Cedex 15, with proof of identification.

11.2 France Telecom may be required to communicate information about the User for legal requisitions.

For the entire duration of use of the Service and for any and all purposes, data concerning the User and use of the Service are saved and archived confidentially by France Telecom in compliance with legal provisions.

Article 12 – Ownership of the site

The Djinngo.com internet site is an original site belonging to FT and is protected by copyright. Any partial or integral reproduction of one or more elements of the site (especially the graphic charter, logos…) is strictly prohibited. The Content published by the Users is not the property of FT.

Djinngo is a registered trademark and is protected by trademark law.

Article 13 - Applicable law

If one or more stipulations in the present terms are void or declared as such by the application of a law, regulation, or following a final decision by a competent authority, the other stipulations will keep all their force and scope.

The stipulations declared void or invalid will then be replaced by stipulations that closely match the content of the stipulations initially adopted.

The Parties may not be held liable or considered to have defaulted under the present terms for any delay or failure to execute, when the cause of that delay or failure to execute is associated with an act of God as defined by the jurisprudence of French courts.

The present terms represent the entire agreement between the parties and replace all previous agreements or declarations, oral or written, related to their object.

Any claim or dispute related to the Service must be sent in writing to the following address :

The present Terms are subject to French law. In cases of dispute with a merchant related to the interpretation, execution, or validity of the present Terms, the competent Court will be the Commercial Court of Paris. In cases of dispute with a physical person, the competent court will be that of the domicile of the physical person.



 
About Terms of service Legal information FAQ Contact
Language: