TERMS OF USE

Content and Intellectual Property

The Content is owned by or licensed to the Nestlé Group and/or CPW, and protected by copyright, trademark, patent, database / sui generis rights, trade dress, other intellectual property rights, and other rights (including privacy and image rights).

You may print or save electronic copies of portions of the Content (such as digital culinary recipes) solely for the Purpose (stated above) subject to the following conditions: (a) you must comply with these Terms, and (b) you must respect the integrity of the Content and retain (and not remove) the copyright statements and trademark notices on such Content.

Any use of the Content other than as expressly stated in these Terms is prohibited.

Nothing on this Platform or these Terms shall be construed as granting any license to use any Nestlé Trademark.

Your Use of this Platform

You agree to use this Platform only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with these Terms; (iii) in a manner that does not infringe or attempt to infringe or otherwise violate any of our or third-parties’ rights, including intellectual property rights, privacy or image rights.

You shall not (nor attempt to):

(a) impersonate or pretend that you represent someone else; harm, harass, threaten, stalk or intentionally embarrass or cause distress to others;

(b) use any software or other means to access, copy, download, communicate to the public, collect, harvest, aggregate, or extract any Content from this Platform or any system or network connected to this Platform, including by using web scraping, data extraction or data mining software or tools (except in the case of public search engines, in accordance with our robots.txt file and solely to the extent necessary for creating publicly available searchable indices);

(c) not to use Content to train, develop or improve any artificial intelligence models;

(d) misuse, overload, harm, impair, disrupt or interfere with the proper functioning or integrity of this Platform or any system or network connected to this Platform, or any other person’s use of this Platform;

(e) by-pass, circumvent, disable or interfere with any technical, security or authentication measures of this Platform or any system or network connected to this Platform; distribute virus, worm or other harmful or unauthorized computer code; lead to security issues, gain unauthorized access to data or to this Platform or any other systems or network connected to this Platform; probe, scan, or test the vulnerability of this Platform or any system or network connected to this Platform; or

(f) decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on this Platform into a readable form.

Your User Content

Mandatory Disclosures

When you post your User Content, you must disclose your relationship with Nestlé and/or CPW, or any compensation or reward in relation to your User Content. 

General

Where available on this Platform, you may post your User Content.

Specifically, when you create, upload or share your User Content on or through this Platform, you grant CPW and its affiliates as well as Nestle and General Mills, to the extent permitted by law, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable, perpetual, irrevocable] license to use, copy, reproduce, communicate to the public, display, distribute, transfer, perform, broadcast, transmit, publish, make available to the public, exhibit, compile,  create derivative works with, include in a collected work, adapt, modify, alter and translate your User Content (including as complied, used in derivative works, included in collected works, adapted, modified, altered and translated) (a) with or without attribution, (b) directly or through any kind of medium, (c) for any purpose (commercial or other purpose), and (d) without restriction and without any approval from or payment to you.

You state that (a) you are the author and owner of your User Content, or (b) you have obtained, all rights, licenses and authorizations (or you are otherwise legally entitled) to submit and post your User Content (including images of individuals and property on your User Content) and to grant CPW, its affiliates, Nestlé and General Mills the license stated in the preceding paragraph.

You are responsible for and should take all reasonable care when providing your User Content. You may have legal liability to us and third parties if you do not comply with these Terms.

Acceptable Content

Your User Content must be lawful and comply with these Terms.

Your User Content shall not contain anything that is (or may be):

(a) unlawful, offensive, harmful, defamatory, disrespectful, inaccurate, false, deceptive, fraudulent, misleading, or inappropriate;

(b) misusing or infringing Nestlé’s, CPW  or any third party’s rights, including intellectual property rights, privacy rights, moral rights, image rights (or, publicity rights), or property rights;

(c) confidential or proprietary (including anything that you do not have the right to disclose generally to the public);

(d) intended for marketing, commercial, promotional or advertising purposes; or

(e) intended to distribute, any virus, worms, or other harmful or unauthorized computer code or files.

Feedback

We would like to hear from you and welcome your feedback regarding our existing products and business. To send your feedback, please see How to contact us section below. Any feedback shall be deemed to be non-confidential. CPW shall be free to use such information on an unrestricted basis. Please do not include any unsolicited idea in your feedback.

No unsolicited ideas

We do not accept or consider unsolicited ideas, suggestions, works or other materials, such as ideas for new products, campaigns, processes, materials, artwork, brand names and logos (“unsolicited idea”). By sending us any unsolicited idea, you agree that (a) your unsolicited idea will become CPW’s property, without any compensation to you and without any further formality; (b) there is no obligation to review it or to keep it confidential; and (c) CPW and its affiliates may use or redistribute the unsolicited idea for any purpose and in any way. CPW may already have developed (or may in the future develop) identical or similar ideas or materials or have obtained such ideas or materials from other sources. We are not liable for any similarity with your unsolicited idea.

Copyright Reports

If you believe Content is infringing on your copyright, you can report it to us by filling out this form / providing us the relevant details. Before you submit a report, please consider whether the use is permitted under applicable law. You may also consider resolving the issue without contacting us by contacting the person who shared the Content with you.

Please note that intentionally submitting misleading or fraudulent reports of copyright or trademark infringement may subject you to legal action (including termination of your account) and to liability for damages.

Links

Links to third-party platforms

This Platform may contain links to third-party platforms (such as websites, social media platforms, mobile apps) (“third-party platforms”). We have no control over such third-party platforms and do not endorse their content. CPW is not responsible for the content and practices of such third-party platforms (data processing or other practices). Please read their terms and conditions. Your interaction with these platforms is at your own discretion and risk.

Links to our Platform

You may include a link on your own platform only if you comply with the following conditions: (a) you use the plain text name of this Platform and link to this Platform’s home page (without deep-links); (b) there is no content on your platform which is in violation of these Terms; (c) you do not state or imply any affiliation, endorsement or sponsorship by CPW or Nestlé; and (d) you comply with these Terms. We may withdraw any linking permission at any time at our sole discretion. When you link to this Platform, you shall not copy any Content in the servers that you use.

You may not use Nestlé and CPW Trademarks or Nestlé or CPW’s name, slogans, or any other terms identifying Nestlé or our Brands as a hyperlink button or thumbnail, metatag or any other manner without our prior written consent.

You may not embed or frame the Content or Platform in your platform.

Fitness and Nutrition Information

The information on this Platform is for your informational purposes only and is not intended for diagnostic or treatment purposes or as medical advice or services. CPW is not engaged in providing medical advice or services. You shall consult your health care provider for medical advice or services, for example, prior to undertaking a new diet or exercise program. Consultation with your health care provider is particularly important if you are under eighteen years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Platform.

A few CPW platforms are clearly directed to medical professionals and the information contained on these platforms is not intended for general audiences.

Disclaimer

This Platform and the Content are on an “as is” and “as available” basis.

This Platform is a dynamic environment and like all software-based services, it cannot be promised to be free from errors, bugs, or inaccuracies, and may not be available at all times. We are not responsible for maintaining, or for any corrections, updates, or releases of, this Platform or the Content.

We may change or alter this Platform and the Content (in whole or in part) at any time at our sole discretion. We may modify, suspend or withdraw operation of or access to this Platform at any time at our sole discretion on a temporary or permanent basis including for maintenance and other technical reasons.   

We strongly recommend that you verify the suitability and compatibility of your computer system before using this Platform including by implementing measures to protect against security issues (such as installing anti-virus software). If you choose to download or copy anything from this Platform you do so at your own risk. We are not responsible for any damage or virus which could affect your computer system or other property by reason of your access to, use or downloading of anything from this Platform or for any illegal intrusion or intervention in our IT systems.

We are not responsible for and do not endorse any User Content and you should apply particular caution when using it. Always take specialist advice when needed. Any reliance upon materials on this Platform is at your own risk.

This Platform is not a storage service and you should keep copies of all your User Content.

All warranties and representations express or implied (including regarding the accuracy, merchantability and fitness for a particular purpose, non-infringement, or that this Platform or Content will be free from errors, bugs or virus, uninterrupted, or secure) in relation to any Content and/or arising out of or in connection with access to or use of this Platform are, to the fullest extent permitted by law, excluded from these Terms.

Limitation of liability

To the fullest extent permitted by law, all liability of CPW or any of our affiliates is excluded in respect of any loss or damage, which may arise in connection with the use of or reliance upon any Content and/or arising out of or in connection with access to or use of this Platform.

However, nothing in these Terms excludes or limits our liability in connection with this Platform where it is unlawful to do so. Nothing in these Terms affects your statutory rights as a consumer.

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, special, incidental or punitive damages, costs or losses, including without limitation lost data, lost profits or business interruption.

To the extent permitted by applicable law, you expressly waive all claims against CPW, its officers, directors, employees, agents, affiliates, suppliers and providers that may arise from your use or access of this Platform or Content.

Indemnity

You agree to indemnify CPW, its affiliates and their respective officers, directors, agents, consultants, contractors, and employees for any claims, damages, losses and fees (including attorney and other professional fees) attributable to your breach of these Terms or your use of this Platform (including the Content).

How to contact us

This Platform is operated by CPW S.A Case Postale, Rue d'Entre-deux-Villes 12, Bâtiment 4, 1814 La Tour-de-Peilz - CH

If you have any question or comment regarding this Platform, please feel free to contact us.

Local Laws

Please visit your local websites www.nestle-cereals.com for products and services available in your location. It is your responsibility to comply with applicable laws.

General

These Terms constitute the entire agreement between you and CPW with respect to this Platform and Content and supersede all other agreements between you and CPW with respect to the subject matter of these Terms. If any of the provisions of these Terms are unenforceable, such provisions will be replaced with provisions which best embody the intent of these Terms, and the remainder of these Terms will remain in effect. Any failure or delay by CPW in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of CPW’s rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies to third parties.

Governing Law, Dispute resolution

In case you have a complaint, please contact us via contact us page first.

These Terms and any dispute relating to this Platform are exclusively governed by the laws of [Switzerland], excluding its conflict of law rules, except that, if you are located in the European Union, the consumer protection regulations of your country of residence which are more advantageous to you will apply. The Vienna Convention on the International Sale of Goods 1980 (CISG) is not applicable.

All disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform shall be resolved and exclusively in the competent courts of Switzerland]. If you are consumer resident in the European Union, you may make a claim relating to this Platform in the competent court of your country of residence. If you are a resident of the EU, we can only bring legal action against you in your country of residence.

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