General Terms and Conditions of Use

The present General Terms and Conditions of Use govern the use of the Internet website imagine with orange whose URL is imagine.orange.com.

The Internet website imagine.orange.com is hereinafter referred to as the « Service ».

By visiting and using the Service, you, the User, hereby acknowledge that you have read, understood and accepted to be bound by the present General Terms and Conditions of Use.

PREAMBLE
ARTICLE 1 : DEFINITIONS
ARTICLE 2 : ACCESS TO THE SERVICE
ARTICLE 3 : DESCRIPTION OF THE SERVICE
ARTICLE 4 : USER UNDERTAKINGS
ARTICLE 5 : USER WARRANTIES
ARTICLE 6 : INTELLECTUAL PROPERTY
ARTICLE 7 : ORANGE LIABILITY
ARTICLE 8 : PROVISION OF THE SERVICE
ARTICLE 9 : MODERATION
ARTICLE 10 : CANCELLATION OF A USER'S ACCOUNT AND ENDING OF THE SERVICE
ARTICLE 11 : PERSONAL DATA
ARTICLE 12 : TRADEMARK AND COPYRIGHT
ARTICLE 13 : APPLICABLE LAW

PREAMBLE

The present terms and conditions of use define the terms and conditions in which Orange makes the Service available to internet users. The Service allows the User to share ideas and exchange with other Users on innovative digital products and services.

Access and use of the Service are subject to the present General Terms and Conditions of Use (hereinafter the « Conditions ») which the User expressly accepts when registering to the Service.

Use of the Service entails full and complete acceptance of the present document. Orange reserves the right to suspend or end at any time the use of the Service in the event of an infringement, by the User, of the present Conditions.

Article 1 - Definitions

In the present General Terms and Conditions of Use, the following terms shall have the meaning ascribed to them under this article, unless specified otherwise.

1.1. Account

The set of computer and network resources allocated to a User and which such User can only use by logging into the Service with his/her user name (« login ») and password.

1.2. User

Individual who subscribed to the Service for his/her own personal needs within the framework of a strictly personal and non-commercial use.

1.3. Content

All contents edited by the User within the framework of the Service (and in particular all usernames, texts, links, etc.).

1.4. Idea

Form of content edited by the User, consisting of a short description of a maximum of 120 characters, and, optionally, a long description of a maximum of 5000 characters, illustrations (images) or videos; which other Users can vote for or comment on.

Article 2 - Access to the service

2.1. Technical prerequisites

In order to be able to use the Service, the User has to enjoy the free use of a personal computer with such parameters and settings? necessary for accessing the Service, and to have sufficient technical knowledge enabling him/her to enjoy normal use of the Service. In general, the User must have all the necessary hardware, and in particular a compatible computer or mobile terminal, a modem or any other connection tool, in order to ensure his/her connection to the Internet network.

2.2. Opening of an Account and activation of the Service

In order to be able to use the Service, the User has to be authenticated using the registration module and choose his/her own particular username on the Service, or use his/her Facebook, Twitter or LinkedIn account.
The User shall then have the possibility to change, customize his/her profile.

Article 3 - Description of the Service

3.1. User profile

Users’ authentication is imperative for all actions on the Service. Any first use of the Service requires a registration together with the creation of a username, which will be visible on the Service by all the other Users, as well as the creation of a password. The User will have to communicate his/her e-mail address.

Afterwards, every time a User will want to use the Service, he/she will have to log in with his/her login and password, which he/she will have saved beforehand at the time of his/her registration.

The User is informed that he/she is solely responsible for keeping his/her account and password confidential. The User undertakes to inform Orange of any unauthorised use of his/her account and/or password and/or of any security breach?.

The user of the service is solely responsible for customizing and changing his/her password.

The User shall have to create his/her profile before being able to enjoy the Service, by choosing to display or not a number of elements characterising him/her. Information regarding his/her activity ? on the Service will also be displayed, such as (including but not limited to): published ideas, comments, country of location, votes on and appraisals of other ideas and comments, date of registration to the service, date of latest connection, etc.

3.2. Presentation of the Service

The Service allows Users to exchange on a topic in order to generate new ideas on digital products and service. Following registration and authentication, Users can propose Ideas, endorse an already published Idea, and discuss with other Users about Ideas published on the Service.

The topic is proposed by the Service for a given period of time called “Campaign”, and characterised by a starting date and a closing date. The topic is chosen at Orange’s sole discretion, and so is the starting date and duration of each Campaign.

At the end of each Campaign, Orange selects the Ideas and Users which will be singled out on the closing page of the Campaign. Such selection is based on the level of endorsement of the Ideas during the Campaign, as well as qualitative criteria at Orange’s sole discretion (including but not limited to: technical feasibility of the Idea ; accuracy of the Idea compared to Orange’s traditional activities; financial, legal, environmental and societal impact of the Idea etc.).

By default, access to the Service is free of charge (except for Internet connection fees).

Article 4 - User Undertakings

The User is solely responsible for the Content he/she publishes on the Service.

In this respect, the published Contents must comply with legal and regulatory provisions in force, as well as with the provisions of the present General Terms and Conditions of Use.

In addition, they must not infringe third parties’ rights, nor be likely to harm the image of the Service and/or the Orange brand.

Thus, the User undertakes in particular to ensure that none of his/her Content contains:

  • Statements and/or images likely to affect public order, undermine respect for human beings and human dignity ?, equality? between man and woman, and protection of children and youths (child pornography);
  • Elements infringing intellectual property? rights, rights relating to the personality ? (e.g. contents taking over, without authorisation of its authors, producers or depicted persons, in full or in excerpts, cinematographic and audiovisual works, music videos, representations of a person infringing that person’s privacy or right to an image);
  • Statements and/or images which abet the commission of crimes and offences, the sale or use of illicit drugs, prostitution, terrorism, sexual assaults, theft, suicide, violence, intentional damage or deterioration which is harmful to others, or deterioration, contempt of court ?, etc. ;
  • Statements and/or images glorifying, negating, or questioning war crimes and/or crimes against humanity;
  • Statements and/or images promoting, containing or inciting discrimination, abuse, hatred or violence toward a person or a group of persons, in particular due to their origin or ethnic group, nation, race, or specific religion, disability, sexual orientation or any other difference;
  • Statements and/or images that are rude, insulting or defamatory towards others, in particular due to their origin, ethnic group, nation, race, or specific religion, disability, sexual orientation or any other difference; or that are harming the image or reputation of a brand or any natural or legal person, in any way;
  • Pornographic statements and/or images, statements and/or images soliciting the exchange, sale or purchase of pornographic and/or unlawful materials, including photographs, movies, videos, realistic or not, this list not being exhaustive.

The User undertakes to refrain from misleading third parties by impersonating other individuals or companies, and more particularly by impersonating an Orange employee.

Article 5 - User warranties

The User warrants that he/she holds or enjoys all unrestricted authorisations required relating to intellectual property rights (copyright and related rights, trademark right) and more generally any right (personality rights attached to his/her Content) for the purpose of publication of Contents on the Service.

In the event that Orange’s civil liability is sought in court proceedings on the grounds of an infringement by the User of his/her obligations under the present document and under the legal and regulatory provisions in force, Orange may call on the User as guarantee.

Article 6 - Intellectual property

The User grants Orange, free of charge and for the term of protection of the copyright, an exclusive licence, which can be assigned to all companies of the group, covering the entire world, including consultation rights, reproduction rights, representation rights, adaptation rights and right to archives relating to the Content, for the purpose of making it available, in whole or in part, on the Service, whatever the means of connection for accessing the Service (mobile terminals, pc, touchpads, through Wi-Fi , 3G, etc.). This licence shall remain valid following a potential removal of the User’s account from the Service.

The Service offers an automatic translation of the Contents in several languages in order to facilitate its consultation throughout the world by as many Users as possible, the User acknowledges that such translation of his/her Contents constitutes an authorised adaptation within the meaning of the adaptation rights granted to Orange, when granting the latter a free licence on his/her Content.

As regards the Ideas published by the User, it is recalled that ideas and concepts are excluded from the scope of copyright protection.

Article 7 - Orange Liability

Orange offers a hosting service for online communications, and can be held liable ? in that respect as defined in article 6-I-2 of French Law of 21 June 2004 for confidence in the digital economy.

Orange waives any responsibility ? for the potential fraudulent use of the Contents uploaded on the Service by the Users, for any damage suffered by a User resulting from the use by someone else of his/her password, whether the User was aware of such use or not, or from unauthorised access by a third party to a User’s Account.

The User undertakes to inform Orange of any unauthorised use of his/her Account, or of any security breach ? on his/her Account.

Orange may not be held liable for any consequences resulting from the access by a third party to a User’s Account within the framework of the Service.

In accordance with the provisions contained herein, Orange may in any case remove a Content which is obviously unlawful, suspend or close without delay a User’s Account.

Orange is responsible for setting up the means necessary for the proper functioning of the Service, and shall take all necessary measures to ensure the continuity? and quality? of the Service.

Article 8 - Provision of the Service

 Orange reserves the right to modify, interrupt or end the Service at any time. Orange may not be held liable in this respect.

Article 9 - Moderation

9.1. Moderation of the Service

In accordance with article 6 paragraph 7 of French Law n° 20 04-575 of 21 June 2004 « for Confidence in the digital economy », Orange sets up a system easily accessible and visible by all, enabling users of the Service to inform, through « moderator alerts », about any data which, including but not limited to, glorify crimes against humanity ?, incite racial hatred or child pornography, as well as all offences and crimes referred to in paragraphs five and eight of article 24 of Law of 29 July 1881 on the freedom? of the press and in article 227-23 of the French Criminal Code.

All exchanges on the Service are subject to moderation a posteriori. The Moderator reserves the right to reject without prior notice any message which would not comply with the provisions of article 4 above.

9.2. Suspension or closing of an account of a User of the Service

Orange reserves the right, in accordance with the provisions contained herein, to suspend or close a User’s account, without prior notice or compensation, in the following cases:

  • Any act of piracy or hacking, or attempt of fraudulent use of the information present on the network caused by or originating from the User’s account;
  • Any hacking or hacking attempt on the Orange network equipment which are necessary for the provision of the Service, caused by or originating from the connection with the User’s equipment;
  • The User’s information, as communicated at the time of registration by him/her, is false, incomplete, or obviously fanciful;
  • Marketing of the Service in any form by the User or by one or more third parties, or misuse of the Service;
  • In the event of publication by the User of Contents which are contrary to the provisions contained herein and in particular in case of obviously unlawful Contents

Article 10 - Cancellation of a User's account and ending of the Service

Any cancellation initiated by Orange shall be notified by e-mail sent to the electronic mailbox of the User, as communicated by him/her.

The user may request Orange to remove his/her account by contacting an administrator of the Service.

Article 11 - Personal Data

11.1. User's obligation regarding his/her personal data

The User is solely responsible of the data communicated through the Service and declares that the provided data are complete and accurate.

The data received within the framework of the Service are processed and used by Orange for the provision of the Service and for the sending of information and notification e-mails to the User.

In accordance with French Law n° 78-17 of 6 January 1978, the User may, at any time, access his/her personal data held by Orange, request its modification or removal, directly on the Internet site of the Service.

11.2. Use of cookies

When a User uses the Service, the Service may automatically collect information on the User’s internet connection equipment, in order to facilitate the proper functioning of the Service and/or to establish statistical analysis of usage patterns. This information may be, including but not limited to, the IP address of the User, his/her internet browser, language, the URL of the viewed page, the date and duration of the page viewing.

Orange may also collect information on the User’s internet uses by placing a cookie on his/her connection equipment following his/her use of the Service.

11.3. Judicial requisitions

Orange may communicate information on the User within the framework of judicial requisitions.

Article 12 - Trademark and copyright

Orange is the sole owner of the Orange trademark, name, acronym, logo, colours, style or other distinctive signs, database, copyright on the elements of the Service as well as elements which may be created in the course of the performance of the present General Terms and Conditions of Use.

The User is not authorised to publish, distribute, extract, reuse or reproduce said Content under any physical form (including to copy or store it on any type of electronic medium).

Article 13 - Applicable law

13.1. General provisions

If one or more provisions of the present Conditions are null or declared null under the applicable law, regulation or following a final court decision, the other provisions shall retain their full force and effect. The provisions declared null and void shall be replaced by provisions as close as possible in content and meaning as the provisions initially agreed upon.

The parties may not be held liable, nor considered as not having complied with the present Conditions, when the delay or non-performance was caused by a case of force majeure as defined by the case law of the French courts and tribunals.

The present Conditions form the entirety of the agreement between the parties and replace all prior agreements or statements, oral or written, on the same subject.

13.2. Complaints

Any complaint or objection relating to the Service shall be sent in writing to the following address: Service clients Imagine With Orange - 39 rue Louveau - 92 320 Châtillon.

The present Conditions are governed by French law. In case of dispute with a merchant on the interpretation, execution or validity? of the present Conditions, the court having jurisdiction shall be the Paris commercial court.

In case of dispute with a physical person, the relevant court will be the court of that person’s place of residence.

 

Conditions Générales d’Utilisation du service orangeopeninnovation.com - Edition du 22/05/2014

Orange, Société Anonyme au capital de 10 595 541 532 €

78, rue Olivier de Serres 75015 Paris – RCS Paris 380 129 866

 

Rules of the contest "imagine with Orange"

Article 1 : Organising Company and Partner

Orange, a limited company with a capital of Euro 10 595 541 532, registered with the Paris Trade and Companies Registry under the number 380 129 866, having its registered office at 78 rue Olivier de Serres, (hereinafter the «Organising Company»), organises a contest called « imagine with orange » (Hereinafter the «Contest»).

Article 2 : Participation

Information relating to the Contest is available on the internet website imagine.orange.com (hereinafter the « Site »), to enter the Contest the Participants will have to create an account on the Site and accept the Site’s general terms and conditions of use.

The present Rules (hereinafter the « Rules ») will enter into force on 4 September 2014 for a duration of fourty-eight (48) months.

The Contest will consist in several sessions, whose beginning and end will be published on the Site (hereinafter the « Sessions »).

Participation in the Contest furthermore implies unconditional acceptance of the present rules in their entirety (hereinafter referred to as the « Rules»), of the ethical rules currently in force on the Internet, as well as all laws, regulations and other applicable legislation in France. The Rules therefore apply to any Participant in the Contest.

The Contest is open to any physical person having legal age and who has an account on the Site.

Article 3 : Conduct of the contest

3.1 In order to participate, the Participant must:

  • have an account on the Site. If the Participant is not already registered on the Site, he/she can register free of charge.
  • Submit an idea for a new digital product or service related to the topic of the ongoing Session.

3.2 The Organising Company reserves the right to exclude from the Contest any person who would not fully comply with the present Rules.

3.3 The idea submitted by the Participant must be personal and lawful, its content must not infringe third parties’ rights such as the right to privacy, intellectual property rights, or right to an image.

In general, each Participant undertakes to comply with applicable law and regulation, as well as not to offend public morality nor harm the Organising Company.

3.4 In particular, any idea will be automatically rejected if it contains messages such as, including but not limited to:

  • vulgar, pornographic, or racist messages, or messages involving child pornography or harming minors;
  • messages that are defamatory, abusive or slanderous towards third parties, be they physical or natural persons;
  • messages infringing privacy, third parties’ right to an image and/or contrary to laws currently in force;
  • messages contrary to public order and/or morality;
  • messages reproducing elements which are subject to intellectual or industrial property rights, such as, but not limited to, an original work, a trademark, a registered design, a patent, etc.

In this respect, the Organising Company reserves the right to deny a Participant the right to participate in the Contest.

3.5 The idea shall necessarily have to comply with the following technical constraints, otherwise it will not be taken into consideration for the Session:

  • Maximum length: 120 characters.
  • Simple and direct style and vocabulary.
  • Correct spelling.

3.6 The Organising Company reserves the right to exclude any Participant if the Organising Company should ascertain any cheating and/or fraud relating to the Participant’s idea(s).

In any event, the Participant guarantees the Organising Company against any legal action that may be initiated against the latter as a result of the idea having been put online on the imagine.orange.com website. Thus, the Participant undertakes to compensate the Organising Company for any potential damaging consequences deriving directly or indirectly from the legal proceedings initiated against it by third parties, and to pay all lawyer’s fees, costs of expert advice and any other irrecoverable costs and expenses resulting from such proceedings.

3.7 The closing date for participating in each Session will be indicated on the Site. Any idea submitted by a Participant after that date will not be taken into account for the corresponding Session, and may not be open to objection by the Participant with the Organising Company.

Article 4 : Winners designation

4.1 At the end of each Session of the Contest, one to three (1 to 3) winners will be selected by a jury (hereinafter the « Jury » consisting of employees of the Organising Company) among all Participants who submitted their ideas on the Site within the participation closing date and time, subject to their participation being valid.

4.2 Members of the Jury are sovereign and reserve the right to resolve any dispute or difficulty relating to the interpretation or application of the present Rules. Their decision is therefore final and may not be subject to an appeal

The selection criteria on which the Jury will base its selection of the winners are the following:

- Level of endorsement of the Ideas during the Campaign

- Quality of the performance.

- Pertinence of the message

- Originality.

- Economic accuracy.

- Technical feasibility in view of existing technologies.

Within ten (10) days following the end of each Session of the Contest, the winners will be contacted by the Organising Company which will communicate to them instructions on how to obtain the prizes, by sending them a message on the e-mail address used for the creation of an account on the Site.

Only one participation per household will be accepted for each Session of the Contest. Only one prize per household will be awarded (same name, same postal address).

The Organising Company shall not be held liable for the dispatch of the prizes to incorrect addresses due to a negligence on the part of the Participant, nor for any delay in such dispatch due to postal services or to any external cause beyond the control of the Organising Company.

Any unusable contact details (incomplete, incorrect or in which the address turns out to be false upon verification) will not be taken into account. In this case, the winner will lose its prize, which will automatically remain the property of the Organising Company.

Moreover, the Organising Company shall not be held liable for the inability to contact a winner.

To all intent and purposes, it is specified that in no circumstances will the non-winning Participants be informed thereof, neither by e-mail nor by any other means.

4.3 Insofar asthe formalisation of their idea can be protected, the Participants will assign exclusively and irrevocably to the Organising Company, as soon as the final result of the Session of the Contest is known, their rights of reproduction, representation, exploitation and adaptation of the text constituting the idea submitted in order to participate in the Contest. In particular for any advertising, sales, promotional, cultural and artistic exploitation thereof.

This transfer is granted for the entire world and free of charge for a period of one (1) year from the date of the final results of the corresponding Session of the Contest. 

Each Participant guarantees the Organising Company against any opposition, claim or complaint by any third party regarding the formalisation of the idea submitted during this Contest.

4.4 In addition, the Participants acknowledge that the submitted idea is, as such, an open-access idea and that they cannot, in this respect, claim any right relating thereto, even should the Organising Company develop or implement a service or a product inspired in whole or in part by the idea submitted by the Participant.

4.5 The winning Participants expressly authorise the Organising Company to use their personal data, namely their name, surname, image and country, city and department of residence, within the framework of any advertising or marketing message/event relating to the Contest.

Article 5 : Prizes

For each Session, the Contest will reward the winners with the prizes indicated on the Site during the whole Session.

The prizes awarded may not give rise to any objection of any kind by the winners, nor may they be replaced or exchanged for any other prize of any kind.

Before being given his/her prize, each winner shall have to fulfil the conditions defined in the present Rules and show proof of his/her identity.

Article 6 : Right of access to nominative information

All the information provided by the winner when filling up the necessary form for the receipt of its prize is intended for the Organising Company, the latter being in charge of its processing, in accordance with its data protection charter.

It is understood that under French Law n°78-17 of 6 January 1978 on information technology, data files and civil liberties, each Participant has a right of access and objection to, rectification and removal of, his/her personal data. To exercise this right, the candidate must send his/her request in writing to the Organising Company.

Article 7 : Modification of the rules

The Organising Company reserves the right, at any time and without prior notice nor any obligation to justify its decision, to shorten, extend, postpone or cancel the Contest or any Session of the Contest as well as to modify all or part of the conditions of access and/or terms of implementation of the Contest or of any Session of the Contest, in the event of force majeure or unforeseeable circumstances beyond its control, without being held liable and without giving rise to any compensation in that respect.

In such circumstances, the Organising Company will make its best efforts to inform the Participants on the Site as soon as possible, it being otherwise understood that any following modification of the Rules (except in case of cancellation of the Contest) shall give rise to a new registration with the process server office mentioned in article 7 above, and will enter into force as soon as it has been put online on the Site (ascertained as per date and time in metropolitan France). Any Participant shall then be deemed to have accepted that modification simply by participating in the Contest after the entry into force of such modification (ascertained as per date and time of connection in metropolitan France). Any Participant refusing the modification(s) made shall have to end their participation in the Contest.

Article 8 : Liabilities

8.1. The Organising Company’s liability is strictly limited to the award of prizes actually and validly won.

8.2. It is expressly recalled that internet is not a secured network. In this respect, participation in the Contest implies the knowledge and the acceptance, by any Participant, of the characteristics and limits of the internet, in particular as regards the technical capabilities, response time for viewing, requesting or transferring information, the risk of interruption, and more generally the risks inherent to any connection or transmission through the internet, the absence of protection of certain data against potential diversions and risks of infection by potential viruses on the internet network.

Therefore, the Organising Company may not be held liable for, in particular, any infection by a potential virus or intrusion by a third party in the system of the terminal used by the Participants in the Contest, and waives any responsibility for the consequences of the Participants’ connection to the network through the Site and/or the web Page of the Contest.

In particular, the Organising Company may not be held liable for any damage caused to the Participants, to their computer equipment and data stored thereon, as well as all potential consequences on their personal or professional activities. Any Participant is responsible for taking all appropriate measures in order to protect his/her own data and/or software stored on his/her computer equipment against harm. The connection of any person to the Site and his/her participation in the Contest is under that person’s responsibility.

8.3. The Organising Company also waives any responsibility in case of malfunctions of the internet network, telephone lines, receiver equipment preventing the proper conduct of the Contest.

The Organising Company shall also not be held liable in the event that one or more Participants are not able to connect to the Site or to play because of a technical problem or defect relating to, in particular, network congestion.

The Organising Company may cancel all or part of the Contest if it appears that there has been fraud of any kind, in particular computer fraud in relation to the participation to the Contest or the designation of the Winner(s). It reserves the right, in any event, not to award the prize(s) to the person(s) who engaged in fraud and/or to prosecute them before the relevant courts. However it may not be held liable towards any Participant for potentially committed frauds.

8.4. The Organising Company will make its best efforts to enable access to the Contest on the Site at any time, without being however bound by any obligation to ensure it. The Organising Company may, at any time, in particular for technical reasons or for reasons related to updating or maintenance, suspend access to the Site. The Organising Company cannot be held liable in any way for these interruptions and their consequences. 

8.5. Moreover, the Organising Company may not be held liable for the improper functioning of the internet network, for problems of conveyance or loss of postal or electronic mail, as well as for any damage caused by postal services.

Article 9 : Agreement on proof

The Organising Company has set up the necessary technical means which can demonstrate participation or absence of participation of a Participant. It is therefore agreed that, except in cases of obvious errors, the data contained in the Organising Company’s information systems shall constitute conclusive evidence of the connection elements and of the information on an electronic processing in relation to the Contest.

Hence, except in cases of obvious errors, the Organising Company may, for the purpose of providing evidence of any act or omission, rely on all programs, data, files, recordings, operations and any other elements (such as monitoring reports or other statements) of any kind and under any format or computer or electronic medium, that have been created, received or kept directly or indirectly by the Organising Company, in particular in its information systems.

The Participants undertake not to challenge the admissibility, validity or evidentiary value of the above-mentioned elements of a computer or electronic nature, format or medium, on any legal ground which would specify that certain documents must be made in writing or signed by the parties in order to constitute conclusive evidence. Thus, the elements in question can be used as evidence, and if they are submitted as evidence by the Organising Company in any legal proceedings or other, they will be deemed acceptable, valid and enforceable between the parties in the same way, conditions and with the same evidentiary value as any document created, received or kept in writing.

Article 10 : Applicable law and jurisdiction

In the event that one or more provisions of the present rules were declared void and/or not applicable, the other provisions shall retain their full force and effect.

The Participants acknowledge without reservations that the simple fact of participating in the Contest is deemed an agreement to be governed by French law, in particular regarding any dispute that may arise from the Contest or which would be directly or indirectly related thereto, without prejudice to possible existing conflict-of-law rules. Any dispute arising from the Contest will be subject to an attempt to reach an amicable settlement between the Organising Company and the Participant. In the absence of agreement, the dispute will be brought to the relevant court in accordance with the French Code of Civil Procedure. To all intent and purposes, it is understood that in the event of a difference between the version of the rules registered at the process server’s Office and the version of the rules that can be viewed online or which would have been received by any person requesting it, the version registered with the process server’s Office shall prevail in all circumstances.