Version 2.0 as of June, 30th 2017
RAINBOW FREE SERVICE
Terms of Service
1. Your Acceptance
This is an agreement between (a) you (“you“, “your”), the user of the Rainbow Service described in Section 2 below (“the Rainbow Free Service” or “the Service”) and (b) ALE International or its affiliated entity ALE USA Inc. (“ALE”, “we”, “us”, “our”) depending on your location as specified when subscribing to this Service, i.e. ALE will be designating either ALE USA Inc. if you are located in the USA or ALE International if you are located in any other country of the world.
If you do not agree with any of these Terms, please do not use the Service .
Furthermore, your continued use of the Rainbow Free Service following any revision of these Terms made by ALE pursuant to Section 2 below will signify your assent to and acceptance of such revised terms.
Subject to your acceptance of these Terms as set forth above, you may download the software application of the Rainbow Free Service (“Software”) in order to ease your access to the Service. Such Software is licensed to you under ALE’s EULA which must be accepted by you when downloading the Software.
Rainbow Service is not intended to be used for recreation or entertainment and for children and teenagers. Rainbow Services can only be used by a person having the age of “majority” as defined in your jurisdiction with respect to the children protection regulations or having a valid parent or legal guardian consent. If We learn that Personal Data of non adults have been collected through Rainbow Service, then We may deactivate the involved account(s) (including your and your Users’ account) and/or make the Service inaccessible to you and any of your Users pursuant to Section 3, paragraph E.
2. Terms Scope and Service Description
A. These Terms govern your use of the Free Rainbow Service as described below as well as the use by all the other users of the Service who are in your contact list or otherwise part of the authorized group of users all such users as referred to in Section 6 “User Content submission” below (collectively the “Users” or “Rainbow Users”).
These Terms shall constitute the entire agreement between you and ALE concerning the Rainbow Free Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ALE’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
To the extent permitted by applicable law, ALE may update and make changes to these Terms from time to time without prior notification and will post the updated Terms onto the Site or may otherwise notify you. When ALE does so, we will also revise the date at the top of the first page of these Terms and you acknowledge and agree that such revised Terms will be enforceable against you. With respect to the Data Privacy Notice Supplement specified in these Terms, material changes will be notified to you by placing prominent notice on the Site.
B. The Rainbow Free Service is the set of services made available by ALE through the following website: www.OpenRainbow.com (“Site”) and encompasses the following:
– Communication service which allows you to exchange text messages and make Web RTC voice and video calls, share your computer screen, exchange files; and
– Social network service which allows you to connect to Rainbow Users, store contact Users in your contact list, create groups of contacts to use the communication service and exchange information.
Currently, the Service accessibility depends on the device used by you, e.g. the Rainbow Free Service is available for use with iphone®; Android ™ ; Windows ® desktop ; Mac® desktop.
C. The Rainbow Free Service is provided for individual use free from any charge to be paid to ALE for such usage.
ALE may change the features or use of the Rainbow Free Service at its own discretion and without prior notice; consequently, the Services as described in paragraph B above may no longer be available when you enroll to the Service.
D. Push notifications:
You can choose to allow the Service to notify you about new messages and other activity even when you do not have the Service application open. User information collected by the Service is shared with third-party push notification services and mobile operators when Users allow push notifications.
3. Rainbow Access – Right to Monitor and Remove submissions/Contents
A. Subject to your compliance with these Terms, ALE hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your individual use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms; (ii) you will not duplicate, transfer, give access to, copy or distribute your user account without ALE’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service.
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide ALE with your name and surname and your email address.
You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information.
C. Optionally you may provide your mobile (cell) phone number. Upon your consent given through and when uploading the mobile application of the Rainbow Free Service, the Service will be giving access to your contact list and/or address book on your mobile device(s) to find and ease the invitation process of your mobile contact(s) based on such contact(s) respective email address.
D. For connecting to the Service, you will be required to use a password. You agree that your use of the Rainbow Free Service shall be at your sole risk and that you are fully responsible and liable for maintaining the confidentiality of your password, and for any and all activities that occur under your password as well as for any loss or damage incurred by ALE or any third party due to the use of your password or account by someone else. You agree to notify ALE immediately of any unauthorized use of your password and/or account or any breach of security.
If you have any security or vulnerability information to provide to ALE for service enhancement that could benefit to the other users of the Rainbow Service with regards to security and privacy, please contact us via the Rainbow support services or ALE PSIRT program.
E. In case of violation of any applicable law, regulation, and/or of these Terms (including without limitation breach of any of your representations and warranties set forth herein), ALE may deactivate and delete your account and any or all of your related data, information and files. Such action may include, among others, accessing your Content (as such term is defined in Section 6 below) or data and/or discontinuing your use of access to the Rainbow Free Service without any liability to you or any third party for doing so and without prejudice to ALE’s right to claim for indemnification of damages in case of termination of your access for your breach of these Terms and/or violation of any applicable law and regulation.
ALE has the right, but does not assume the obligation, to monitor and investigate violations of these Terms. Failure to comply with or breach of these Terms constitutes a material breach of the terms and conditions upon which you are permitted to use the Services, and at any time, may result in ALE taking any and all actions to remedy the violation, including with immediate effect based on our reasonable judgment, up to and including (i) warnings (ii) suspending or terminating access to the Services without prior notice (iii) disclosure of such information to law enforcement authorities as ALE reasonably feels is necessary or appropriate.
4. Your or other Users’ Content submission
A. The Rainbow Free Service allows Rainbow Users to submit Content (as such term is defined below). The Service also submits automatically to Users your Presence information as specified in Rainbow Data Privacy Notice. For the purpose of these Terms, Content submitted by Users and Users’ Presence information submitted by the Service are designated collectively the “Content Submissions”. These Content Submissions may be hosted, shared, and/or published as part of the Rainbow Free Service, and may be visible to those Users of the Service who are in your list of contact (“contact list”)and your authorized group(s) of users you created through the Service (including all the employees within your company and other users outside of your company which you have expressly accepted).
For the purpose of these Terms, “Content” means any and all (a) visual, written or audible communications, files, data documents, videos, or recordings; and/or (b) any other material displayed, posted, uploaded, stored, exchanged or transmitted on or through your use of the Rainbow Service or otherwise provided on a web site or on-line space related to the Rainbow Service you send directly to other Rainbow Users.
The submission of your presence information Content is done on an automatic basis.
B. You retain intellectual property rights (if any vested) in your Content Submissions subject to third party’s intellectual property rights.
C. You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them. In connection with Content Submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content Submissions to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms.
Because ALE, through the Service it provides, is only acting as a repository of data, user’s submitted Contents do not necessarily represent the views or opinions of ALE.
D. Information provided to you by Users through the Rainbow Free Service may contain links to third party websites that are not owned or controlled by ALE. In any case, ALE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, ALE will not and cannot censor or edit the content of any third-party websites. By using the Service, you expressly acknowledge and agree that ALE shall not be responsible and liable for any claim or damage whatsoever arising from or related to your use of any third-party websites.
You further understand and acknowledge that you may be exposed to Content Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ALE with respect thereto.
5. Prohibited User Conduct
A. You agree not to use or launch any manual or automated system, including without limitation, “robots,” that accesses the Service in a manner that sends more request messages to the servers hosting the Rainbow Free Service in a given period of time than a human can reasonably produce in the same period. We disallow using request modification tools for altering or reverse engineering our systems, or any activity that is meant to hack, harm, penetrate or attack the Rainbow Free Service and the Site. You must secure our permission before any measure, test, health check or otherwise monitor our network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any information, and especially personal data, from or through the Service except information of any User’s Content Submission or of your contact list or authorized group of Users.
B. In connection with Content Submissions, you further agree that you will not and will not permit, encourage, facilitate or instruct any other person to: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from its rightful owner to post such material; (ii) publish falsehoods or misrepresentations that could damage ALE or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered as a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post unsolicited advertisements or solicitations of business; (v) impersonate another person or assume a sender’s identity without the real sender’s express permission (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; distribute unwanted, unsolicited or harassing mass e-mail or other messages, promotions, advertising, or solicitations (“Spam”) (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks (ix) attack, abuse, interfere with, surreptitiously intercept, or disrupt any users, systems or services, including but not limited to Denial of Service (DoS), unauthorized monitoring or crawling, distribution of malware (including but not limited to viruses, worms, time bombs, spyware, adware, or cancelbots) (x) disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of the Services.
6. Intellectual Property Rights
The design of the Rainbow Free Service along with ALE created text, scripts, graphics, interactive features and the like, except Content Submissions (as defined in Section 6 below), and the trademarks, service marks and logos contained therein (“Marks”), are owned or licensed to ALE, subject to copyright and other intellectual property rights under French and foreign laws and international conventions. ALE reserves all rights not expressly granted in and to the Service.
You agree to not engage in the use, copying, or distribution of any part of the Service other than as expressly permitted herein, including any use, copying, or distribution of Content Submissions of any third party obtained through the Service for any commercial purposes unless to the extent expressly permitted by such third party.
7. Claims of copyright Infringement
If you have good reasons to believe that materials have been used on the Site in a way that constitutes copyright infringement, please provide the following information to the ALE International Copyright Agent:
– A description of the materials and their location on the Site;
– Your name, surname, address, telephone number, and email address; and
– A statement made by you: (i) that you believe in good faith that the use of the materials is not authorized, and (ii) under penalty of perjury, that you are the copyright owner of the materials, or that you are authorized to act on behalf of the copyright owner (and in that case, the name and signature of the copyright owner authorizing you).
The ALE International Copyright Agent may be reached at:
Legal – Intellectual Property
32, avenue Kléber
92707 Colombes Cedex- France
8. Warranty Disclaimer
THE RAINBOW FREE SERVICE, AS WELL AS ANY AND ALL THE INFORMATION MADE AVAILABLE BY ALE ON THE SITE (INCLUDING THE SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, ALE DOES NOT WARRANT THAT THE RAINBOW FREE SERVICE, THE SOFTWARE, AND ANY OTHER INFORMATION OR MATERIALS THAT MAY BE OBTAINED FROM THE USE OF THE SITE (I) ARE FREE OF ANY ERROR, BUG, OMISSION, MISTAKE, VIRUS, TROJAN HORSE, OR THE LIKE INCLUDING THOSE VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE INCLUDING THROUGH THE ACTIONS OF ANY THIRD PARTY, OR (II) WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS.
IN ADDITION, DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, ALE DOES NOT WARRANT THAT THE SERVICE, THE SITE AND ANY SERVER HOSTING THE SERVICE AND/OR THE SITE WILL BE FREE OF VULNERABILITY TO UNAUTHORIZED ACCESS, UNLAWFULL INTRUSION OR ATTACK.
THE SERVICE IS NOT INTENDED TO MAKE OR FACILITATE CALLS TO EMERGENCY NUMBERS (INCLUDING WITHOUT LIMITATION 911 FOR THE UNITED STATES AND CANADA, 112 FOR EUROPEAN UNION, 999 FOR THE UNITED KINGDOM, 000 FOR THE COMMONWEALTH OF AUSTRALIA), AND ANY OTHER SUCH EMERGENCY NUMBER. IN THE EVENT OF AN EMERGENCY, YOU MUST USE AN ALTERNATIVE SERVICE OBTAINED THROUGH A PSTN OR OTHER THIRD PARTY AUDIO PROVIDER), AND IN NO EVENT ALE WILL BE LIABLE TO YOU FOR ANY CALL OR FAILURE TO MAKE A CALL TO ANY NUMBER TO MAKE CALLS TO EMERGENCY NUMBERS.
FUTHERMORE NO WARRANTY IS GIVEN AS TO THE USE OF THE SERVICE IN HIGH-RISKS SITUATIONS BY PROVIDING THAT THE SERVICE IS NOT FAULT TOLERANT, NOR DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE (INCLUDING, WITHOUT LIMITATION, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS) IN WHICH FAILURE OF THE SERVICE COULD LEAD DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
AS CONCERNS CONTENT SUBMISSIONS, ALE MAKES NO WARRANTY AS TO THE VALIDITY, ACCURACY OF ANY CONTENT AND ALE DOES NOT ENDORSE ANY CONTENT SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN.
9. Limitation of Liability
FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ALE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF ALE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR ANY THIRD PARTY HAVING BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICE AND THE SITE SHALL, UNDER THESE TERMS, WHICHEVER THE NUMBER OF CLAIMS, BE LIMITED IN THE AGGREGATE TO TEN EUROS OR THE EQUIVALENT AMOUNT IN US DOLLARS AT THE TIME THE CLAIM IS MADE.
You agree to defend, indemnify and hold ALE, its affiliates, their respective officers, directors, employees and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) all matters related to your use of and access to the Rainbow Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party’s right, including without limitation any intellectual property right with regards to your Content submission; or (iv) any claim that one of your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Rainbow Free Service.
Without prejudice to the foregoing, ALE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
11. Ability to Accept Terms of Service
You further represent and warrant that you are not located in a country that is subject to any embargo of the United States Government or of any other Government having jurisdiction over ALE, these Terms and/or your use of the Service, or that has been designated by the United States Government or by any other Government having jurisdiction over ALE, these Terms and/or your use of the Service as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list or other Government list of prohibited or restricted parties.
If you use the Services within your employment with a legal entity, then you as an individual, represent that you have full ability and right to use the Service within your employer’s environment and that such usage or any part of it is not violating or otherwise prohibited by any internal rule or corporate policy of your employer applicable to you and other of your colleagues Users.
These Terms and any rights granted hereunder, may not be transferred or assigned by you to any third party, but may be assigned by ALE without restriction, in whole or in part to, an affiliate or subcontractor without your consent. Any such subcontract shall not relieve ALE of any of its obligations under these Terms.
13. Applicable Law – Disputes settlement
Subject to local mandatory provisions under applicable law, you agree that:
(i) these Terms shall be governed by and interpreted in accordance with the laws of France without regard to conflict of laws principles, except if you are located in United States of America in which case these Terms shall be governed by and interpreted in accordance with the laws of the State of California, USA;
(ii) any dispute arising under or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Courts of Paris (France) except if you are located in United States of America in which case the dispute shall be submitted to the exclusive jurisdiction of the California state and/or federal courts, as applicable, in the County of Los Angeles, California, USA.
Notwithstanding the foregoing, ALE may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of intellectual property or proprietary rights of ALE’s and/or its third party suppliers.
YOU AGREE THAT ANY LEGAL ACTION YOU MIGHT BE CONSIDERING BRINGING AGAINST ALE (INCLUDING ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) ARISING OUT OF OR RELATED TO THE RAINBOW FREE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14 Data protection
By accepting these Terms and using the Service, you consent to our collection and use of your Personal Data.
15. Special Note to International Users
The Site and Service are hosted in servers located in France and are intended for and directed to Users worldwide. If you are accessing the Site and the Service from region with laws and/or regulations governing personal data collection, use, and disclosure, that differ from French Law, please be advised that through your continued use of the Site and Service, you/you Users are transferring Personal Data to France and you/your Users expressly consent to that transfer.
16 . Miscellaneous
A. The Rainbow Service and Software may be subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing use, export, re-export, and transfer of the Rainbow Service and Software and will obtain all required local and extraterritorial authorizations, permits or licenses.
The Service may not be provided or made available, and you should not permit the Service to be provided or made available such as through your Rainbow Users, either directly or indirectly, (i) to any country subject to United States or France trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to any person (a) that is on one of the then current various United States Government restricted lists or similar lists of any other relevant States or Governments because such entity, organization or individual has violated export control regulations, is engaged in proliferation activities, is involved in terrorism, is designated nationals of embargoed countries, etc. or, otherwise, (b) that has violated any law, directive, ordinance, decree or regulation leading to trade and/or export control sanctions.
B. You will comply with all applicable laws and regulations related to your receipt and use of the Rainbow Free Service. You must ensure you have the right to use all features of the Rainbow Free Service in your jurisdiction.
C. Special Note to International Users
The Site and Service are hosted in servers located in France and are intended for and directed to Users worldwide. If you are a User accessing the Site and the Service from region with laws and/or regulations governing personal data collection, use, and disclosure, that differ from French Law, please be advised that through your continued use of the Site and Service, which are governed by French law, you are transferring your Personal Data to France and you expressly consent to that transfer and consent to be governed by French law for the foregoing purposes.
The designer and developer of the Service as well as the Data Controller concerning the processing of your Personal Data is ALE International, a France corporation formed as a “Société par Action Simplifiée” with registered office address at 32, Avenue Kléber 92700 Colombes, France, registered at the Nanterre Commerce and Companies Registry under number 602 033 185 RCS Nanterre; more information available at http://enterprise.alcatel-lucent.com .
Rainbow and the rainbow logo are trademarks and service marks of ALE International and may not be used, in whole or in part, in any manner without ALE International’s prior written permission.
Should any discrepancy occur between the English and the translated version(s) of these Terms, the English version of these Terms shall prevail.