Share with Nestlé Waters specific conditions

1- Purpose of the General Terms and Conditions for Use

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

2- Acceptance of the General Terms and Conditions for Use

By validating your e-mail on the registration confirmation e-mail, or quite simply by using the "Share with Nestlé Waters" service you agree to be bound by this agreement. Nestlé Waters reserves the right to update or to modify this document. We invite you to read it and to print it out regularly.

3- Definitions

General Terms and Conditions for Use or GTCU:
an agreement linking the Member or any Visitor to all or part of the Share with Nestlé Waters site.

Visitor:
any Internet user who uses the Site, without being either a Member or a Master. The Visitor uses the Site entirely free of charge and without having to provide personal information.

Member:
any Internet user registered free of charge on the special Site reserved to "Members" and offering various advantages which are not available to Visitors. In particular, they can take action and provide Content (opinions, instructions for use, photos, etc.), interact with Nestlé Waters or with other Visitors by means of communications tools (forum, etc.). To become a Member, certain personal information must be provided and be over 18 years of age.

Site:
The site www.nestle-waters.com or share.nestle-waters.com.

Contents:
any document, information, datum, or any other element of any nature whatsoever provided, either by Members uploading to the "Share with Nestlé Waters" site or by any other means, in response to an action proposed by the Nestlé Waters Site to its Members. Certain Contents may only be published on the site after Nestlé Waters has validated it. As an example, the Content may be a method (step by step, called instructions for use on the Site) on various subjects, writing an opinion on products and services, adding photos, videos or technical information, adding messages to the Nestlé Waters forum, 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 Members in the future.

Actions:
any contribution or operation the Members carry out on the Site. As an example, an Action may be writing an opinion, a message on the forum or instructions for use, adding photos or videos, voting on relevance, adding bookmarks, 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 Members in the future.

4- 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. All Visitors to the site may view this information.

Other aims of the service are to enable the Nestlé Waters stakeholders to express themselves on the following topics:

Nestlé Waters and its brands

Taste and origin of the water

Our products and service

Nestlé Waters and the environment

Nestlé Waters and hydration.

The service is intended for two categories of users:

• on the one hand, Visitors who can in particular consult the advice and Content that Nestlé Waters proposes,
• on the other hand, the Members who, after having entered their login and password, or if they are not yet registered after having filled in the on-line registration form which can be obtained in the section "Become a Member", are proposed various Actions and will benefit from specific advantages.

5- Term of the agreement

This agreement is for an indefinite period and may be terminated at any time, without reason, by the Visitor or the Member, on the one hand, and Nestlé Waters on the other hand, and without notice.
One of the parties must notify the other of the termination of the agreement by an electronic message or by post. The termination will become effective on receipt of this notification. Terminating the agreement releases Nestlé Waters from all its obligations towards the Members.

6- 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. During the process to register as a Member you can agree to have this information transmitted.

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 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.
The fact of becoming a Member implies that Nestlé Waters in particular may associate your profile name with a Content that you have posted or written. The Visitors may then, by clicking on your profile name, obtain details of your activity on the Site: date of registration, number of Contents provided or written, relevance, etc.

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:
nwmt.corporatecommunication@waters.nestle.com
You should note that Nestlé Waters undertakes to implement all appropriate technical measures to guarantee the confidentiality of your personal information.

7- Members undertakings

To benefit from the advantages of being a Member, you must successfully go through the registration process which is proposed to you to become a Member.
By carrying out the Actions and by providing Contents to the Site, you acknowledge and agree to be solely responsible for your remarks and, more generally, for any Content sent to Nestlé Waters, and you therefore accept any legal consequences.
As a Member, you 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.

You 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
• The rights of the other Members, Visitors and users of the Site, in particular you undertake not to make any insulting or denigrating remarks vis-à-vis third parties.

When you provide you personal information to Nestlé Waters, you undertake:

• to provide accurate information when necessary and requested on the service;
• to update it in the case where this information is changed;
• to be solely responsible for your personal data, particularly your profile name and your password, that you must not give to any third party. Failing this, you alone shall accept any resulting consequences;
• to immediately inform Nestlé Waters in the event that your Member account is fraudulently used;
• to log off the Site when you stop using it, particularly on public computers (e.g. Web café, university)

Finally, as a Member, you undertake:

• to set up and hold only one Member account;
• not to use techniques making it possible to set up several accounts automatically;
• not to deviate or reroute other Members towards competing sites;
• not to make any hidden advertising on behalf of an advertiser, a competing service, a manufacturer or a trade mark;
• not to set up or use devices which could disrupt the smooth running of the Site, particularly in providing Contents.

You acknowledge that Nestlé Waters shall not be held liable for non-compliance with the undertakings in this clause.
If any one of these provisions are not respected, Nestlé Waters reserves the right to:

• exclude you temporarily or permanently,
• take legal action against you for violation of these GTCU, and particularly the provisions of this clause.

8- Liability in connection with the Contents provided on the Site

As a Member, 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.

You, as a Member, expressly guarantee to Nestlé Waters the full and entire enjoyment of the rights transferred against any interference, claim of ownership, dispossession or claim whatsoever.

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 and to exclude you, either temporarily or permanently, from the Site.

9- 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 or Members 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.

10- Termination

Nestlé Waters reserves the right to modify or to delete all or part of your access to the Site and/or the Content that you had posted there, for any reason whatsoever, particularly in the case of prolonged non-use of the Site or if Nestlé Waters has good reason to believe that you have violated or acted in contradiction with the letter or spirit of this contract, and without informing you beforehand. In the case of termination, you lose all your rights related to your status as a Visitor or a Member.
You acknowledge that neither you nor any third party may hold Nestlé Waters liable for consequences relating to termination of your access to the Site.

11- Intellectual property right

By means of this contract, you undertake to respect intellectual property law. The Contents the Site proposes are protected by copyright, trade mark law, patent law, or any other law or right recognised by the legislation in force.
You therefore agree not to copy, except for strictly personal and non-commercial use, nor to modify, rent, sell or distribute all or part of the Content on the Site or even to create derivative works without Nestlé Waters' written agreement.

12- 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.

13- 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.

14- 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 you reject these modifications, you should cancel your account as quickly as possible and cease using the Site. If you fail to do so, Nestlé Waters shall continue to provide you with the Service under the new terms and conditions described in the new GTCU.
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.

15- 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.