TERMS AND CONDITIONS
Last update: February 1st, 2021
The SPLASH! webpage site (the “Website”) you are currently visiting is the property of Danone Research.
1. PERSON RESPONSIBLE OF THE CONTENT OF THE WEBSITE
1.1. The Website is provided by:
ZORBA GROUP has designed the Website and is using DIGITAL OCEAN 101 Avenue of the Americas, New-York 10013 to host the Website and any possible affiliated database enclosing the data collected on the site in a secure environment.
1.2. On behalf of:
Danone Research, (“Danone”), S.A.S., with registered offices at R.D. 128, avenue de la Vauve, 91767 Palaiseau Cedex – France, registered under SIREN number 971 502 448.
The Director of publication is Taisa Hansen, SVP R&I.
2. CONTENT OF THE WEBSITE
Danone have initiated a project called Splash! with the ambition of developing educational material on the importance of hydration for children. In order to achieve this goal, Danone has notably launched the Website.
Danone shall provide its best efforts to ensure that the information displayed on this Website is accurate and up to date; Danone reserves its right to amend the content of this Website at any time, without prior notice. However, Danone is not able to guarantee that the information herein is accurate, complete, true or that it will not be modified by a third party. Danone hereby disclaim any and all (direct or indirect) liability related to or caused by any error or omission in the contents of this website, as well as from the use of this Website.
This Website is restricted to a personal, non-commercial use.
3. ACCESS TO THE WEBSITE
The access and the use of the Website are subject to the present “Terms and Conditions”, as well as to the applicable laws and regulations. These Terms and Conditions do form a legally binding contract between You (the “User” or “You”) and Danone. So please read them carefully.
In order to use the Website, You must have accepted our Terms, which are presented to You (i) when You first access the Website and (ii) when we make any material changes to the Terms. By using this Website, You agree to the Terms without reserve.
To access and use the services provided by the Website, You state that:
• You are 18 years old or older. If You are under the age of 18, You state that you have your legal guardians’ prior authorization to use this Website. This authorization can be demanded by our services;
• You will comply with these Terms and Conditions and all applicable local, state, national, and international laws, rules, and regulations.
Access to the Website
You may freely access and use the Website, without being required to create an account or sign in.
Rights we grant You
DANONE grants You a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Website. This licence is for the sole purpose of letting You use the Website in a way that these Terms allow.
Any action going beyond these rights of access and use and in particular any reproduction, making available to third parties, illegal downloading constitutes an act of infringement. The User undertakes not to use or implement a robot or any other automated means to access the Website and/or the content, and more generally not to attempt to undermine the operation of the Website.
Thus, except in cases where expressly authorised by law, the User shall not, nor allow another to, modify, adapt, translate, reverse engineer, decompile or disassemble the Website or any of these elements or create derivative works.
Rules of conduct
DANONE supports and promotes values of tolerance, diversity, respect of others, without regards to age, race/ethnicity, colour, gender, national origin, religion, disability, sexual orientation, gender identity or expression, veteran status and any other legally protected category.
The User undertakes to respect these values while using the Website. In particular:
• to respect the values of Danone;
• not to make discriminatory, racist, xenophobic, anti-semitic, insulting, malicious, obscene, unlawful or other violent or pornographic remarks, or to publish content contrary to public order or morality in any way whatsoever in the context of their browsing and use of the Website;
• not to disseminate any content that may be harmful, defamatory, unauthorized, malicious or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred or qualify as gross indecency or incitement to commit certain crimes or offences;
• not to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
• not to use the Website for political, propaganda or proselytizing purposes;
• not to infringe Danone’s intellectual property rights on the Website and its element;
• not to spam, intimidate, solicit, or divert the Website in any way from its intended purpose including by using it as a dating service;
• not to conduct illegal activities, disseminating content (photographs, images, texts, videos) portraying minors in any way;
• to report inappropriate content to Danone.
You are informed that you can delete your User Account from the Website at any time.
However, You alone, remain responsible for the use of the Website, and the content You create, send, or store through the Website.
Danone cannot be held responsible for any loss or damage resulting from the use of the Website by the User, or any third party (authorised or not).
4. DANONE’S COMMITMENTS
Danone undertakes to make its best efforts to ensure permanent access to the Website and its services as well as its operation. However, Danone cannot be held responsible for the unavailability of the Website or a service in case of events such as:
• Maintenance of the Website, including when the maintenance intervention is carried out by third parties;
• Occurrence of an unforeseeable, insurmountable and external event (force majeure event);
• Failure of the Internet network.
The User is furthermore informed of the risks inherent in the use of the Internet, and particularly in terms of a security defect in data transmission and the non-guaranteed continuity of access to the Website and the Website’s content. Under no circumstances shall Danone be held liable for these risks and their consequences, detrimental, whatever the extent, for the User.
It is the responsibility of each User to take all appropriate measures to protect his or her own data, software and hardware from contamination by viruses or other forms of attack that may circulate through the Website.
Danone reserves the right, at any time, to modify all or part of the Website and its functionalities, to modify or propose new content. In particular, Danone may update the content according to changes in legal provisions or best practices in force. Any new functionality will be subject to these Terms and Conditions.
In the event of a security flaw detected by Danone that is likely to seriously compromise the security of the Website, Danone may, without prior notice, temporarily interrupt access to the Website in order to remedy the security flaw as soon as possible. In this case, the User may not claim any compensation or hold Danone liable for any reason whatsoever.
4. LINKS TO OTHER SITES
The Website may point towards other Danone sites, social networks, third parties’ or partners’ sites that are not covered by these Terms and Conditions. These links are provided for the User’s convenience only, and do not imply any approval or endorsement of said sites by Danone. The target sites are not under the control of Danone, and Danone is in no way responsible for their content.
5. INTELLECTUAL PROPERTY
Danone’s intellectual property
The Website as well as the source code, contents, animations, sounds, interfaces, texts, and all the functionalities available on the Website are the property of Danone (or its affiliated companies) which owns the intellectual property rights or has the authorisations necessary for the conclusion of these Terms and Conditions.
Danone may also make use of graphic elements from third parties and for this purpose has the necessary rights and licence to use them within the framework of the Website.
The User undertakes to respect the intellectual property rights of Danone (or its affiliated companies, as the case may be) as well as the rights of third parties.
If at any moment of Your experience on the Website, we make available to You content that you are authorized to download (the “Downloadable Content”), Danone grants the User, for its personal and private use only, free of charge and for the maximum legal protection period of intellectual property rights as defined under French law, including any renewal or extension hereof, a non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Website shall be prohibited. By downloading or using such Downloadable Content, the User agrees to use them in accordance with these Terms.
We remind you that You shall secure all the necessary authorizations and rights from any relevant rights holders in connection with any content you may wish to submit, upload, post or send via or to the Website, including any and all intellectual property rights and/or literary, artistic and/or industrial property rights, and publicity rights (including the right to one’s image), to allow your quiet use of such contents and ensure its use by Danone (or its affiliated companies) according to the Terms and Conditions. For example, you shall secure the rights in and to any contents, for example, photo or artwork you may be using.
There should not be any space dedicated to user contents in the Website.
Danone tries to keep the Website up and running and free of annoyances. But we cannot promise that we will always succeed.
The User also acknowledges that the Website are provided “as is” and “as available” without warranties of any kind. In addition, while Danone attempts to provide a good user experience, we do not represent or warrant that: (a) the Website will always be secure, error-free or timely; (b) the Website will always function without delays, disruption or imperfections.
Danone (and its affiliated companies) take no responsibility and assume no liability for any content that You, another user, or a third party creates, sends, receives, or stores on or through the Website.
Within the limits authorised by the law, You expressly acknowledge that Danone’s liability cannot be sought under any circumstances:
• in the event of suspension of access to the Website for maintenance work;
• for reduced performance or temporary or permanent unavailability of the Website;
• in the event of suspension or closure of the Website, under the conditions set out herein;
• in the event of the occurrence of any damage resulting from a fault, improper use of the Website, or negligence on the part of the User;
• for any failure of the internet network or means of communication.
DANONE AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES LIKE ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL DANONE OR THEIR AFFILIATES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE EXCEED EUR 1000.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DANONE OR THEIR AFFILIATES’ LIABILITY FOR: A) DEATH OR PERSONAL INJURY ARISING FROM THEIR OWN RESPECTIVE INTENT OR NEGLIGENCE; B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR C) ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LAW.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.
If You have any question or issue, please contact us first and we will do our best to resolve it.
You can contact us by email: firstname.lastname@example.org
To the extent a litigation may be initiated in a court under these Terms and Conditions, all participants agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms and Conditions, the use of the Website, will be litigated exclusively in the courts of France, unless this is prohibited by the laws of the country where You reside.
The laws of France govern these Terms and Conditions and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms and Conditions or their subject matter.
The present Terms and Conditions may be modified by Danone in order to take into account, in particular and without this list being exhaustive, regulatory changes, improvements made to the Website, and changes in the situation.
7. PRIVACY – COOKIES
If you have any further questions or comments, feel free to contact us via email@example.com