Website Terms And Conditions Of Use
This Website is owned and operated by Danone North America Public Benefit Corporation (“Danone North America”) and is provided for your personal education, entertainment and information. Please read the TERMS OF USE (hereinafter collectively referred to herein as the “Terms”) of this Website carefully before using this Website. By accessing, browsing and/or using this Website, or the mobile version thereof, you hereby agree to the Terms. If you do not agree to the Terms of this Website or our Privacy Policy posted on this Website (as described below), do not use this Website. Please return to the Website and review these Terms from time to time, as they may be amended by Danone North America at any time and without notice to you. Any changes to these Terms will be effective immediately upon the posting of the revised Terms to the Website. If the Terms or revisions made thereto are unacceptable to you, you should no longer use this Website.
Use of website content
The content of this Website is the property of or has been licensed to Danone North America and it is protected by patent, trademark and copyright laws. Except for your own personal or noncommercial use, you are prohibited from reproducing, transmitting, distributing, or displaying these materials or user Submissions (as defined below) without the prior written consent of Danone North America. Any unauthorized attempt to modify any materials included on the Website or to defeat or circumvent our security features, or to utilize the Website or any part of the content or materials included on this website for any purpose other than its intended purposes is strictly prohibited. The use of any of these materials or content, including Submissions, is at your own risk. Danone North America reserves the right to change any and all content, materials, software, applications, and other items used or contained in the Website at any time without notice.
You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other Website user’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.
Danone North America reserves the right, in its sole discretion, to terminate your access to the Website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.
User participation and submissions
From time to time, our Website may offer users the ability to post content or submit to us materials such as comments, remarks, suggestions, ideas, graphics, opinions, photos, videos, entries to promotions or other information or content created by users (“Submissions”). Any Submission you provide to us should reflect your own honest opinions, findings, beliefs or experience and you warrant that you have the rights to provide such Submissions. If you choose to share any ideas on the Website, please note that we cannot guarantee that other Website users or third parties will not use or otherwise disseminate the ideas that you share and Danone North America shall have no liability for third party use of a your Submissions. Therefore, if you have an idea that you would like to keep confidential and/or do not want others, including Danone North America, to use, do not post it to this Website.
You are solely responsible for (a) any Submission you post on or through the Website, (b) any material or information that you provide to other users (or others that view this Website), and (c) your interaction with other users (or others that view this Website).
Please remember that the content of any Submissions on this Website are those of the person making the Submission and do not necessarily represent the opinions of Danone North America, its employees, parent company, agents or affiliates. Danone North America (a) does not represent or warrant the accuracy of any statement or product claim made in any Submission, (b) is not responsible for any Submission or content posted by users on this Website, and (c) does not endorse any opinions expressed by users on this Website.
By posting a Submission on this Website, you agree that you provide Danone North America with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable, transferrable, assignable and unlimited license to use, sublicense, and create derivative works of all or any portion of your Submission in any way that we see fit and for any purpose whatsoever. Danone North America hereby reserves the right to use the posted Submission and Danone North America and its designees may exploit, edit, modify, and distribute the content and any and all elements of such Submission, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to you or any third party.
We may obtain many Submissions on this website, or otherwise develop on our own or in conjunction with third party contractors we engage, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other Submissions you make to the Website. By providing a Submission, you understand that you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by Danone North America (or its designees) based on any similarity with any Submissions made by you on this website.
Code of conduct
Although we do not control and are otherwise not responsible for any Submissions made by users on this Website, we are hopeful that our Website will be a place where people can come to learn about Danone North America’s products and promotions and not be offended or otherwise hurt by the content of any Submissions. Therefore, we remind our users that the following content in any Submissions is strictly prohibited:
Submissions that
- Are profane, obscene, offensive, sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
- Defame, misrepresent or contain disparaging remarks about other people or companies;
- Contain fraudulent, misleading or unlawful material or information;
- Contain trademarks, logos, or trade dress (such as distinctive packaging) owned by others (except those of Danone North America), without permission;
- Contain copyrighted materials owned by others (including photographs and other works of art or images published on or in websites, television, movies or other media) (except that of Danone North America), without permission;
- Contain materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- Contain advertisements, “spam” content, or references to other products, offers, or websites
- Communicate messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or Violate any laws.
We strongly advise you not to publicly share your personal information, including your email address, IM address, or phone number on this Website. You are strictly prohibited from collecting or soliciting personally identifiable information from other Website users. Do not collect, use or post on the Website the private information of anyone else without their express consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.
We ask that all users are respectful of one another and remember the spirit of this Website. Danone North America hereby reserves the right to remove any Submission that falls into one or more of the above categories or other inappropriate content as Danone North America may determine in its sole discretion. Danone North America reserves the right in its sole discretion to decide whether or not a Submission shall be posted. Danone North America reserves the right at any time to terminate, temporarily or permanently, the acceptance of some or all Submissions made by you, with or without notice, in its sole discretion.
Privacy
Our Privacy Policy, which is incorporated into these Terms by this reference, further describes the collection and use of information on this Website.
Sweepstakes and contests
Any sweepstakes, contests, games and/or promotional offers accessible on this Website are governed by the official rules, specific rules and/or terms and conditions for the applicable sweepstake, contest, game or promotional offer. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of any such conflict.
Disputes between users
You understand and agree that you are solely responsible for your interactions with other users on this Website. Danone North America is not responsible to monitor disputes between you and other Website users and is not liable for any loss or damage you may incur resulting from any interaction with other Website users. As a result of any such dispute or interaction in violation of these Terms, Danone North America may choose, in its sole discretion, to terminate your access to the Website.
Links to other sites and content
The Website may contain links to other websites operated by other companies. Danone North America does not endorse, monitor or have any control over such websites. Danone North America is not responsible for the content or policies of such third party websites and you understand and agree that you access such websites at your own risk.
Limitation of liability and disclaimers
The contents on this Website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Danone North America does not warrant or represent that this Website will be error free or that access to it will be uninterrupted. Danone North America expressly disclaims any duty to update or revise the materials on the Website, although Danone North America may modify the materials on the Website at any time without notice. Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. Danone North America shall not be liable for any damages of any kind, including but not limited to direct, special, indirect, or consequential damages such as lost profits or data, related to your use of the Website.
Indemnification
You agree to indemnify and hold Danone North America, our parent and affiliates, and each of our respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities and/or damages (including attorneys’ fees and court costs) arising out of: (i) your use of the Website; (ii) your breach or alleged breach of these Terms; (iii) your use of any third party Submission; (iv) any Submission posted by you; or (v) your alleged violation of the rights of any third party, including but not limited to claims of defamation, invasion of privacy, right of publicity, breach of confidence, infringement of copyright, trademark, patent, or any other intellectual property right.
Severability
If any provision in the Terms is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule or law, such provision shall be deemed reformed or deleted by only to the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Terms shall remain in full force and effect.
LAW Governing law
This Website is based in the State of New York, United States of America. The content of this Website is solely for the purpose of promoting our products and/or programs available in the United States (including its territories). We make no representation that the content of our Website is appropriate or available for use in other countries or locations. If you access the Website from locations other than the United States, you are responsible for compliance with any applicable local laws. These Terms are governed and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms, with the exception of arbitration, shall be an appropriate state or federal court located in the State of New York.
