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Terms of use

DANONE S.A., a company registered under the laws of France with the trade and companies register of Paris under the number 552 032 534, located at 17, boulevard Haussmann – 75009 Paris (“DANONE”, “we”, “our”, “us”) is the publisher of the Danone Nations Club Platform accessible at www.club.danonenationscup.com (the “Platform”) which enable to register and to participate to the Danone Nations Club 2021, a digital version of the Danone Nations Cup football tournament (the “Club”).

We have drafted these Terms of use (hereinafter the “Terms”) in order for you to be aware of the rules and functioning of the Platform. These Terms do form a legally binding contract between You or your legal guardians if you are below 18 years old or the legal age (“the User” or “You”) and DANONE S.A. and all its subsidiaries (“Danone”). So please read them carefully.

If you want to know more about DANONE S.A and its subsidiaries, please visit https://www.danone.com/ 

By using this Platform, You agree to the Terms without reserve.

You are required to refer to the version accessible online on the date of your access and use of the services.

You are expressly informed that the only authentic version of Terms is the one that is accessible through [link]

WHO CAN ACCESS THE PLATFORM? 

The Platform is freely accessible. Some sections of the Platform are only accessible to participants in the Club. In order to access to those sections, you shall create a User account as provided for hereunder.

By accessing and using the services provided by the Platform, You state that:

  • You reached the legal age of your country or you are older. If You are under the legal age of your country, You state that you have your legal guardians’ prior authorization to use this Platform. The proof of this authorization can be demanded by our services upon request;

  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The participation in the Club (Contest part – please consult the Rules of the Contest) through this Platform is reserved to minors from 10 to 15 years old. If you want to participate in the Club You shall then ask for your legal guardians authorization. 

For this reason, if You want to participate in the Club, You must ask your legal guardians to accept these Terms of use and the Club Rules. Without this acceptance, You won’t be able to create a User Account and consequently to participate in the Club. 

THE SERVICES

The Platform is made available for use by individuals searching for information related to the Club and/or aiming to participate in the Club. The services provided by the Platform are:

  • Presentation of the Danone Nations Club 2021;

  • Registration to the Club;

  • Profile setup and management of your participation in the Club.

CONDITIONS OF ACCESS AND USE

Access to the Platform

You may freely access and use the Platform, without being required to create an account or sign in.

Creation and access to the User Account

However, in order to use and access certain sections of the Platform, and more generally to participate in the Club, You will be required to create an account (the “User Account”). This User Account is personal and is protected by a password.

Because You are below 18 years old or the legal age, the creation of a User Account implies the acceptance by your legal guardians of these Terms, of the Club Rules and of the Privacy Statement. We reserve the right to verify that your legal guardians have validated your participation in the Club and approved such terms.

The creation of a User Account implies the provision of personal information such as last name, first name, e-mail address, location of residence, which are subject to data processing, as specified in the Privacy Statement available at [link]

You are solely responsible for entering your data, Danone can in no way be held responsible for erroneous information. In the event that the User provides false, inaccurate, outdated, incomplete, misleading or deceptive information, Danone may, immediately without notice or compensation, suspend or terminate the User Account and deny access, temporarily or permanently, to all or part of the services provided by the Platform.

You have the possibility to access, correct or update your personal data at any time in your User Account.

The creation of a User Account also implies the choice of a username and a password. It is recommended to adopt a strong password (containing at least 8 characters including numbers, capital letters and special characters).

The username and password can be changed online by You in your User Account in the personal information section. The username and password are personal and confidential, and You agree not to communicate them to third parties.

You are informed that You can delete Your User Account from the Platform at any time. Please note that if You delete your User Account, You won’t be able to use and access certain sections of the Platform anymore.

In the context of your participation in the Club, if You decide to delete your User Account, Danone will be unable to manage your participation, which will result in the cancellation of your participation. The cancellation of your participation will result in the cancellation of any benefits You may have received from the Club. 

Rules of conduct

Danone supports and promotes values of tolerance, diversity, respect of others, without regards to age, race/ethnicity, color, gender, national origin, religion, disability, sexual orientation, gender identity or expression, veteran status and any other legally protected category. 

As provided in the Club Rules, by participating in the Club, You will be required to upload content on the Platform such as text, photos, videos, etc. (“Content”). Such Content can include Your Image (as defined hereunder) 

You undertake to respect these values while using the Platform and notably while posting Content on the Platform. In particular, You undertake:

  • to respect Danone’s values;

  • 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 the use of the Platform and in particular in the context of your participation in the Club;

  • 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 Platform for political, propaganda or proselytizing purposes;

  • not to infringe Danone’s intellectual property rights on the Platform and its element or any third-party intellectual property rights; 

  • not to use any third-party personality rights without their prior express authorization;

     

  • not to spam, intimidate, solicit, or divert the Platform 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);

  • to report inappropriate content to Danone.

     

Moreover, You alone, remain responsible for the use of the Platform, and the Content You create, send, upload or store through the Platform.

Danone cannot be held responsible for any loss or damage resulting from your use of the Platform or from the use of any third party (authorised or not) of your User Account.

Platform moderation

Danone reserves the right to moderate Club registrations and Content that You submitted via the Platform as well as publications on Our Social Media Accounts. 

Thus, Danone reserves the right to cancel any registration to the Platform that does not comply with the Club Rules, in particular the conditions of registration to the Platform. 

Danone also reserves the right to delete, temporarily or permanently, any Content that is contrary to the rules of conduct set out above. 

More generally, in the event of non-compliance with the Club Rules and/or these Terms, and in case of repeated wrongful conduct Danone reserves the right to delete your User Account and consequently cancel your participation in the Club.

In any case, Danone shall be free to remove any part of the Content submitted (for example, any sound effect or music). 

DANONE’S COMMITMENT

Danone undertakes to make its best efforts to ensure permanent access to the Platform and its services as well as its operation.

However, Danone cannot be held responsible for the unavailability of the Platform or a service in case of events such as:

  • Maintenance of the Platform, 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.

You are 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 Platform and the Platform’s content. Under no circumstances shall Danone be held liable for these risks and their consequences, detrimental, whatever the extent, for You.

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 Platform.

Danone reserves the right, at any time, to modify all or part of the Platform and its functionalities, to modify or propose new content. In particular, Danone may update the content of the Platform according to changes in legal provisions or best practices in force.

Any new functionality will be subject to these Terms.

In the event of a security flaw detected by Danone that is likely to seriously compromise the security of the Platform, Danone may, without prior notice, temporarily interrupt access to the Platform 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.

INTELLECTUAL PROPERTY

Danone’s intellectual property

The Platform as well as the source code, contents, animations, sounds, interfaces, texts, and all the functionalities available on the Platform 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.

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 Platform.

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 Platform, we make available to You content that You are authorized to download (the “Downloadable Content”), You are aware that you are only authorized to use and/or copy this Downloadable Content for private use only in the context of the private copy exception. Any reproduction, representation, modification or distribution of the Downloadable Content shall be prohibited. By downloading or using such Downloadable Content, the User agrees to use them in accordance with these Terms.

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 Platform. This licence is for the sole purpose of letting You use the Platform in a way that these Terms and, as the case may be, the Rules, allow.

Any action going beyond these rights of access and use and in particular any reproduction, making available to third parties, or illegal downloading constitutes an act of infringement. You undertake not to use or implement a robot or any other automated means to access the Platform and/or its content, and more generally not to attempt to undermine the operation of the Platform.

Thus, except in cases where expressly authorised by law, You shall not, nor allow another to, modify, adapt, translate, reverse engineer, decompile or disassemble the Platform or any of these elements or create derivative works.

Third-party rights

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 Platform, 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 affiliates) according to the Terms. For example, You shall secure the rights in and to any Contents, for example, the photo You use, the music included in your videos. Danone shall not be held liable for any Content You submit, upload, post or send via or to the Platform. 

User Content

As part of your participation in the Club, You will be required to submit Content via the Platform, such Content being publicly accessible to any user of this Platform. This authorization granted to Danone to have this Content made publicly to any user of this Platform is mandatory and conditionate your participation in the Club.

We may also want to repost or reuse Your Content on our associated social media account(s) on Facebook (https://www.facebook.com/danonenationscup/),Instagram (https://www.instagram.com/danonenationscup/), Youtube (https://www.youtube.com/c/DanoneNationsCupOfficial/) and Twitch (https://www.twitch.tv/danonenationscup) as well as on third parties  media platform(s) that we could partner with  (“Our Social Media Accounts”), any publication / post that would include your Content notably with our mentions (i.e. hashtags and tags such as, but not limited to #PlayFootballChangeTheGame,#DNC2021#Danone #OnePlanetOneHealth #DanoneNationsClub or any other tag or hashtag making reference to Danone Nations Club, “Our Mentions”). To this end, Danone will ask You (or your legal guardians is you are under the legal age) a specific authorisation at the time of your registration to reuse and publish the Content on Our Social Media Accounts. This authorisation is not mandatory and does not condition your participation in the Club. 

By submitting, uploading, posting or sending content or material to Danone:

1.

You represent and warrant that the submitted Content are yours and that You have all the rights, including intellectual property rights and personality rights, in the Content and that if there is any third party rights in such Content, you have been granted with the necessary and appropriate authorisations to comply with the Terms and; 

2.

You represent and warrant that the Content does not violate any third-party rights nor applicable laws and that it does not violate the terms and conditions of the Platform and of Our Social Media Accounts where applicable;

3.

You represent and warrant that the submitted Content does not film or capture the image of other people and must not show ostentatiously and/or for advertising purposes any brand or logo belonging to a third party on your clothes or on any other medium visible in the Content;

4.

You grant us, for two (2) years after the civil year during which the Club is held (i.e. 31 December 2023), a royalty-free, worldwide and, irrevocable, non-exclusive, fully transferable, assignable and sublicensable right license, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed including on the Platform and/or on Our Social Media Account(s) of Danone, for internal and external communication in order to promote and advertise about the Club and moreover in order to process your participation in the Club

5.

You also grant to us, a license to use your personality attributes including your name, surname, username, likeness, image, voice, performance, signature, location, etc. (collectively “Your Image”) under the conditions provided below in the section Your Image, and;

6.

In case of any third-party claims related to the use of the Content by us (or our affiliates), You accept that Danone may disclose your identity and that You should handle any claim related to the use of the Content by us (or our affiliates) and indemnify and hold harmless Danone in such case.

If You change your mind about sharing a Content please contact us via contact-dnclub@danone.com. Please identify precisely the Content(s) you want to be deleted in your request. Danone will respond to You within a reasonable delay and will make its best efforts to comply with your request. This request shall be exceptional and duly justified.

YOUR IMAGE 

General authorisation – use of Your Image on the Platform

As part of your participation in the Club, You will be required to submit Content via the Platform. Such Content may contain Your Image. 

In this context, You grant Danone the right to use Your Image on the Platform from the day of submission of the Content until two (2) years after the civil year during which the Club is held (i.e. 31 December 2023) for the entire world.

As mentioned above, the submission and the broadcasting of Content on the Platform is mandatory in order to participate to the Club. Consequently, if You withdraw your authorisation to use the submitted Content reproducing Your Image from the Platform during the Club, the removal of your Content from the Platform will result in the cancellation of your participation. The cancellation of your participation will result in the cancellation of any benefits You may have received from the Club.

If You change your mind about sharing Your Image in the context of your participation please contact us via contact-dnclub@danone.com. So that we can effectively process your request, please indicate precisely in your request which Content is concerned.

Specific authorisation – use of Your Image on Our Social Media Accounts

Danone may also want to repost or reuse on Our Social Media Account(s), any publication / post that would include your all or part of Your Content containing Your Image notably with our mentions (i.e. hashtags and tags such as #PlayFootballChangeTheGame, #DNC2021 #Danone #OnePlanetOneHealth #DanoneNationsClub or any other tag or hashtag making reference to Danone, “Our Mentions”). 

To this end, Danone will ask Your legal guardians a specific authorisation at the time of your registration to reuse and publish the Content containing Your Image on Our Social Media Accounts. This authorisation is not mandatory and does not condition your participation in the Club. 

Where applicable, You grant Danone the right to use Your Image on Our Social Media Accounts from the day of submission of the Content until three (3) years after the civil year during which the Club is held (i.e. 31 December 2024) for the entire world.

If You change your mind about sharing Your Image on Our Social Media Accounts please contact us via contact-dnclub@danone.com. So that we can effectively process your request, please indicate precisely in your request what content is concerned.

Additional authorisation 

You accept that Danone may contact Your legal guardians in order to request an additional authorisation for uses that are not provided for in this provision or for any extension of previous authorisation granted to Danone. 

LINKS TO OTHER SITES

The links that may appear on the Platform will cause the User to leave the Platform. 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.

LIABILITY

General

Danone try to keep the Platform up and running free of annoyances. But we cannot promise that we will always succeed. The User also acknowledges that the Platform is 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 Platform will always be secure, error-free or timely; (b) the Platform will always function without delays, disruption or imperfections.

Danone and their affiliates take no responsibility and assume no liability for any content that You, another user, or a third party creates, sends, receives, uploads or stores on or through the Platform.

Disclaimers

Within the limits authorised by the applicable law, the User expressly acknowledges that Danone’s liability cannot be sought under any circumstances:

  • in the event of suspension of access to the Platform for maintenance work; 

  • for reduced performance or temporary or permanent unavailability of the Platform;

  • in the event of suspension or closure of the Platform, under the conditions set out herein; 

  • in the event of the occurrence of any damage resulting from a fault, improper use of the Platform, or negligence on the part of the User;

  • for any failure of the internet network or means of communication.

Danone and our affiliates 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. 

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.

DISPUTE RESOLUTION AND GOVERNING LAW

In the event of a complaint, in particular but not limited, to complaints related to the use of the Content and/or Your Image, you agree to first send a complaint to Danone at the following address contact-dnclub@danone.com and to allow Danone a reasonable amount of time and no less than fifteen (15) calendar days to respond before taking any legal action. 

To the extent the parties are permitted under these Terms to initiate litigation in a court, both You and Danone agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms, the use of the Platform, will be litigated before the competent French jurisdiction, unless this is prohibited by the laws of the country where You reside.

The laws of England and Wales govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter.

HOW TO CONTACT US?

If You have any question or issue, please contact us at the following address contact-dnclub@danone.com and we will do our best to resolve it.

TERMS MODIFICATION

The present Terms may be freely modified by DANONE in order to take into account, in particular and without this list being exhaustive, regulatory changes, improvements made to the Platform, and changes in the situation. In the event of a substantial amendment, we will notify you of this modification.

Last update: 07/08/2021





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Published on July 20, 2021
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