Terms of Use
You Agree to These Terms by Using this Site
Your access to, and use of, the www.nestea-vitao.ca Canadian website (the “Site”), hosted in the United States, is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Beverage Partners Worldwide (North America) (“Beverage Partners Worldwide”) are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Site.
Ownership of Content
The Site and all of its contents including, but not limited to, all text and images, wallpapers, ringtones, contests ("Content") are owned and copyrighted by Beverage Partners Worldwide or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered and unregistered trademark of Beverage Partners Worldwide, and or others, and is used under license in Canada. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. You are also advised that Beverage Partners Worldwide will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Your Use of the Site
Beverage Partners Worldwide grants you permission to use the Site as follows: you may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content; you may not use images of people or places without Beverage Partners Worldwide's written permission; you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Beverage Partners Worldwide's written permission; you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of Beverage Partners Worldwide or its affiliated entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site; or stating or implying that we endorse any statement you make. You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploiting for any commercial purposes any portion of, use of or access to the Site. You are prohibited from using the Site to post or transmit any virus, worm, trojan horse, easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site. You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies or regulations of such networks. You are prohibited from modifying, adapting, translation, reverse engineering, decompiling or disassembling any portion of the Site. Beverage Partners Worldwide will fully cooperate with any law enforcement authorities or any court order requesting or directing Beverage Partners Worldwide to disclose the identity of anyone posting or transmitting any such information or materials; and · you are prohibited from using the Site to advertise or perform any commercial solicitation.
Privacy
Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Beverage Partners Worldwide in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.
Disclaimer of Warranties
The Site, all software, services, Content and user generated content made available are SUBJECT TO CHANGE AND ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Beverage Partners Worldwide neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Beverage Partners Worldwide assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
Exclusion of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Beverage Partners Worldwide, NOR ANY OF ITS PARENT COMPANIES, PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
Links to Third Party Sites
The Site may contain links to sites owned or operated by parties other than Beverage Partners Worldwide. Such links are provided for your convenience only. Beverage Partners Worldwide does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. Neither does Beverage Partners Worldwide endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of Beverage Partners Worldwide.
Indemnity
You agree to defend, indemnify and hold harmless Beverage Partners Worldwide and its parent companies, partners, subsidiaries, affiliates, officers and directors, and any other party involved in creating, producing or delivering the Site , and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with, the Site , the services, or the software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any user content that you make available or create through the Site, the services, or the software infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Termination
You agree that Beverage Partners Worldwide, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if Beverage Partners Worldwide believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Beverage Partners Worldwide may immediately deactivate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that neither Beverage Partners Worldwide nor any affiliated entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
Revisions to the Terms of Use
Beverage Partners Worldwide may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "last updated" legend at the top of this document. All content and services made available through the Site that were not made available as of the "last updated" date above, shall automatically be deemed to be part of the services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the "last updated" date above, shall automatically be deemed to be software for purposes of this agreement when first made available through the Site. When using any services or software on the Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such services or software, which rules, terms and conditions are hereby incorporated by reference into these Terms of Use.
Revisions to the Site
Beverage Partners Worldwide reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, the services, or the software, with or without notice; limit the Site's availability to any person, geographic area or jurisdiction it chooses; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither Beverage Partners Worldwide nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site , in whole or in part, or of any service, software, content, feature or product offered through the Site . Your continued use of the Site after such changes will indicate your acceptance of such changes.
Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the provincial laws of Ontario and the federal laws of Canada, without regard to its choice of law provisions. The courts of general jurisdiction located within Ontario will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact, and you waive any jurisdictional venue or inconvenient forum objections to such courts.
The Site and these Terms of Use © 2008 Beverage Partners Worldwide (North America). All rights reserved. NESTEA® and NESTEA VITAO™ are trademarks of Societe des Produits Nestle S.A. (Switzerland) used under license by Beverage Partners Worldwide (North America).