Legal information

– Purpose of the General Terms and Conditions for Use

 The purpose of this document is to govern the use of the waterstories blog service which can be obtained at the address http://waterstories.nestle-waters.com. It acts as an agreement between you and the company Nestlé Waters MT.

1 – Definitions

General Terms and Conditions for Use or GTCU:
an agreement linking any visitor to all or part of waterstories.nestle-waters.nestle.com site. 

Visitor:
any Internet user who uses the Site.. The Visitor uses the Site entirely free of charge and without having to provide personal information.

Any visitor can post comments on dedicated section of the site providing they identified themselve using an exisiting Facebook account (via Facebook Social Module).

 Site:
The site http://waterstories.nestle-waters.com


Contents:

any document, information, data, or any other element of any nature whatsoever provided, either by Visitors uploading to the “waterstoires.nestle-waters.com” site or by any other means, in response to an action proposed by the Nestlé Waters Site to its visitors . Certain Contents may only be published on the site after Nestlé Waters has validated it.
As an example, the Content may be various subjects: writing an opinion on products and services and articles, adding photos, videos or technical information, , etc. This list is not intended to be exhaustive and will include all the Contents corresponding to the new actions that Nestlé Waters is likely to suggest to its visitors in the future.

2 – Description of the service

Nestlé Waters provides a service intended to further the communication with its stakeholders. Its purpose is to enable Nestlé Waters to emphasise certain Contents corresponding to its news or topics on its bottling activity as well as any subjects related to water. All Visitors to the site may view this information.

 

 3 – Managing personal information and privacy

Nestlé Waters may have to collect and use your personal information to provide the services you request. Nestlé Waters also uses this personal information to communicate with you.

The Nestlé Waters Site was set up absolutely respecting your privacy. Accordingly, Nestlé Waters may not transmit all or part of your personal information without your agreement..

In the case of transmission according to the terms laid down by the application regulations, Nestlé Waters shall not be responsible for e-mails or any other advertising or communication that a third party may send to you.

Furthermore, Nestlé Waters may transmit certain of your details and personal information, particularly if Nestlé Waters considers it necessary to do so within the context of a legal action, for compliance with these GTCU, to respond to complaints by third parties on the grounds that third parties’ rights were violated or to protect the rights and interests of Nestlé Waters, its partners or its users.

 In accordance with the French Act No. 78-17 of 6 January 1978, amended by the Act of 6 August 2004, the so-called Loi Informatique et Liberté (Data Protection and Civil Liberties Act), you have the right to consult, modify and delete all personal data sent to Nestlé Waters during use of the Site. You can exercise this right by requesting it at the following electronic address: community@waters.nestle.com

You should note that Nestlé Waters undertakes to implement all appropriate technical measures to guarantee the confidentiality of your personal information.

4 – Vistors undertakings

All visitors posting on the site acknowledge and agree to be solely responsible for their remarks and, more generally, for any Content sent to Nestlé Waters, and you therefore accept any legal consequences.

As a visitor, ou undertake to comply with all the provisions of the law and regulations applicable. In particular, you undertake not to circulate remarks or pictures or URLs which direct towards sites proposing Contents which, without this list being exhaustive, would be :

 

–       insulting, denigrating, defamatory, threatening, racist, xenophobic, attacking the honour, integrity or the reputation of others.

–       inciting to discrimination or hatred due to an origin, belonging or not belonging to a particular ethnic group, a nation, a race or a religion.

–       pornographic or paedophile.

–       inciting to committing misdemeanours, crimes, suicide, acts of terrorism, justifying war crimes or crimes against humanity.

–       more generally, contrary to the laws and regulations in force, public order and good morals.

The visitors also undertake to respect third parties’ rights, in particular:                         

–       Personality rights (right to privacy, etc.)

–       trade mark law, on the basis of which you undertake :

  • not to make any insulting and denigrating remarks about any trademark, product or product category,
     

–       to provide genuine and justified opinions which you can argue and explain,

–       to respect the elements of the third parties’ intellectual property (trade mark, patent, logo, etc.)

–       copyright and similar rights, on the basis of which you undertake :

  • not to violate the copyright of third parties, corporate entities or natural persons,
  • not to reproduce, resell, make available to a third party or copy all or part of the Content on the service,
  • to renounce all copyright claims in relation to the Contents that you publish on the service

 Any posts not complying with the previous terms can be deleted.

 5 – Liability in connection with the Contents provided on the Site

As a visitor, you are solely responsible for the Contents that you propose on the Site.

Nestlé Waters is not the owner of the Contents provided by the Site’s users and shall not be held liable therefor. Nestlé Waters only intervenes as the platform for publishing your Contents intended for Internet users, end consumers or companies looking for relevant information.

You authorise Nestlé Waters to delete, copy, distribute, reproduce all or part of these Contents. In particular, you authorise Nestlé Waters to use the Contents commercially world-wide on all existing or future media, in any form whatsoever.

 Furthermore, you acknowledge and agree that Nestlé Waters may examine, delay, use at a later date or totally or partially exclude these Contents or reproduce them. You also acknowledge and agree that Nestlé Waters may in particular change the form (e.g. the spelling and grammar structure) of the Contents that you have provided so that they may be more understandable and usable for all.

In particular, you undertake to indemnify Nestlé Waters for all claims concerning the Contents, made by any third party advancing the violation of any right whatsoever, and particularly against any action for infringement, unfair and/or parasitical competition by any third party on the basis of an intellectual property right or any other right belonging thereto.

Moreover, you agree to indemnify and hold harmless Nestlé Waters for an against any damages, costs, particularly legal, that Nestlé Waters may have incurred or might incur on this basis. Nestlé Waters also reserves the right to require you to pay compensation for the prejudice, particularly commercial, that it may suffer.

In the case of a proven claim by a third party or for any other reason, Nestlé Waters reserves the right to modify or delete all or part of the Contents that you have posted on the Site;

6 – Modification and availability of the Site

 Nestlé Waters reserves the right to modify, interrupt either temporarily or permanently, at any time, all or part of the Site, and without having to inform the Visitors thereof in advance.

Nestlé Waters shall make every effort to keep its Site accessible 7 days per week and 24 hours per day, but shall in no way be responsible for any interruption due to technical, maintenance, migration or updating operations, or for restrictions linked to the Internet’s functioning.

 

 7 – Guarantees

Nestlé Waters supplies the Site “as is”, with “all its imperfections” and “as available” and in no way guarantees the accuracy, availability and quality of the information shown on the Site.

8 – Limit to liabilities

You acknowledge and agree that Nestlé Waters may in no way be held liable for any direct or indirect damage caused following the use or non-use of the Site and the information contained therein.

9 – Modification of the GTCU

The General Terms and Conditions for Use may change so as to keep up with the technological environment and the uses of the Internet in general and the Site in particular.

Nestlé Waters will report the modifications to these GTCU on its Site and will particularly indicate the date on which each update is made at the beginning of the document.

If Nestlé Waters has to update or modify a clause because it has become null and void, this will not have any effect on the validity of the other clauses in these GTCU.


10 – Applicable law and compliance with the law in force

These General Terms and Conditions for Use are governed by French law.

In the event of a dispute, priority shall be given to an amicable agreement. If no solution is found in this way, the dispute shall be referred to the relevant courts.

The Nestlé Waters team.