Terms & conditions
Welcome to the Activia “Live InSync” platform accessible within the Activia website at the URL address www.activia.ca (the “Service”) and published by Danone Inc. (“Danone”).
As part of the brand re-launch and new “Live InSync” Initiative, the Activia brand would like to inspire women and invite them to share their emotional stories on what living “InSync” means for them, to describe the moments when they live “InSync” and how it impacts their lives and the way they perceive themselves and the world around them (the “Testimonial(s)”).
Women above 18 years of age are invited to send their Testimonials via the Service to be curated and selected by Danone and organizing and lifestyle consultant Marie Kondo, with a view mainly to publishing some of them onto the Service and/or on websites or web pages administered by or on behalf of Danone or another company of the Danone Group (“Danone Group” shall mean the group of companies or other business entities including Danone S.A., Compagnie Gervais Danone, and more generally all other companies controlling or controlled by these companies or under common control as these companies), including social network pages and accounts (e.g. Facebook, Twitter, Instagram) (the “Danone Websites”) and, as the case may be, for other uses within the framework of the “Live InSync” advertising campaign, such as within a book.
The present terms of service (the “TOS”) govern the access, browsing, viewing, uploading and publication of the Testimonials, on the Service and the Danone Websites and more generally the use of the Service and the assignment to Danone of the exploitation rights in and to the Testimonials.
ARTICLE 1 – PURPOSE AND PRIOR ACCEPTANCE
The purpose of these TOS is to determine the conditions of use of the Service and the terms of the assignment of rights to Danone on Testimonials.
The present TOS embody the binding contractual conditions applicable between Danone and any person who wishes to access, consult, view, upload on, publish or otherwise use the Service from any device (computer, digital tablet, mobile phone) (the “User”).
Each User of the Service declares having read and accepted the present TOS prior to any use of the Service. Any person who does not wish to comply with the present TOS in their entirety must abstain from using the Service.
ARTICLE 2 – DESCRIPTION OF THE SERVICE
2.1. The Service allows Users, free of charge, to view and submit Testimonials in relation to the Activia Live InSync promotional campaign and in accordance with the editorial line of the Danone Websites. Submission of Testimonials will only be made available to Users who complete a form with relevant information beforehand and publication of Testimonials will concern those Testimonials curated and selected by Danone.
2.2. Accessing the Service requires disposing of an Internet access and an appropriate computer device. The costs in relation to the Internet connection and computer devices are exclusively borne by the User, who is responsible for their proper functioning, the compatibility and their optimized settings for accessing the Services.
2.3. Testimonials are submitted for publication under each User’s exclusive responsibility. All elements, of whatever their nature (text, image, photo, video, sound, hyperlink) comprised in any and all Testimonials are chosen by the User and pertain entirely to the User’s responsibility.
2.4. Danone is at liberty to modify the layout, the presentation and the design of the Service and of the Danone Websites. Danone has sole authority over the modalities of the making available of the Service to Users. Users cannot make demands, claims or claim prejudice over the modification or removal of all or part of the Testimonials from the Service or from the Danone Website and/or of the functionalities of the Services.
ARTICLE 3 – AVAILABILITY OF THE SERVICE
It is reminded that the Service is provided free of charge. In no way is Danone held by any obligation of minimal availability of the Service, and Users are informed that Danone may interrupt access to the Service, notably for technical or editorial purposes (such as maintenance, updates, etc.) and that this may occur without providing prior notice. Danone shall not, in any circumstances, be held responsible for the consequences of such interruptions or for any failure of availability of the Service.
ARTICLE 4 – SUBMISSION OF A TESTIMONIAL
4.1. Users who wish to submit to Danone a Testimonial for publication must be women of at least eighteen (18) years of age and in any event of legal capacity. In order to submit a Testimonial, Users will be required to fill a form, in which they will be asked to provide compulsory information necessary for the publication of their Testimonial (such as first and last name, country, gender, email) and will be required to confirm formally the acceptance of the present TOS. All information provided must be accurate and sincere.
The submission of a Testimonial is free of charge.
4.2. Users will then be given the opportunity to upload their Testimonial for submission to Danone, who will select a limited number of Testimonials according to editorial choices determined between Danone and Marie Kondo.
Testimonials may be drafted freely, however it should be considered that Testimonials may have lesser chances of being selected once they include negative or inappropriate content, notably in relation to: depression, anxiety or mental health conditions; abuses of any nature, such as related to alcohol, drugs, defamation, etc.; promoting or condoning illegal behaviours or activities; profanities; overtly distressing content; political content; valorization of specific diets; mental or physical diseases, including related medication.
Any content, which is uploaded or transmitted must be properly and securely saved beforehand, as Danone gives no warranty as to the storage, archiving or secure preservation of a copy of Testimonials submitted via the Service.
4.3. The submission of a Testimonial onto the Service subjects the Testimonial to the assignment of rights provided in the present TOS at article 5 from the date of submission.
ARTICLE 5 – ASSIGNMENT OF RIGHTS
5.1. By submitting a Testimonial, Users grant Danone all exclusive rights necessary for the direct or indirect use of the Testimonials by Danone on the Service and/or on the Danone Websites by Danone or another company of the Danone Group, and more generally within the framework of the “Live InSync” advertising campaign. This exclusive assignment of rights is made free of charge and shall be effective as of the date of the upload or transmission, for the world at large, and for the duration of copyright and any extension thereof, or until the termination of this assignment in the event of a notification by Danone that the Testimonial will not be published. For greater certainty, the User shall receive no compensation in any form whatsoever for the use of any Testimonial by Danone or another company of the Danone Group, and more generally within the framework of the “Live InSync” advertising campaign.
By doing so, the User irrevocably assigns to Danone in exclusivity as at the date of submission all of its right, title and interest (including all intellectual property rights) in and to the Testimonial, entitling Danone or another company of the Danone Group to use, directly or indirectly through a third party, in whole or in part, for an unlimited number of viewings on the Service and any Danone Website or third party website authorized by Danone, for the world at large and for the term of protection provided by law and any extension and/or renewal thereof.
The assignment of rights shall include all rights necessary for the publication and use of the Testimonial by Danone or another company of the Danone Group, including the right to reproduce, represent, communicate to the public, make available to the public, use, copy, encode, store, archive, distribute, transmit, adapt, modify, translate in all languages and for all countries, combine with other content, in whole or in part, via any means, including, without limitation, the internet, any wireless transmission, in connection with the Activia “Live InSync” advertising campaign, and in particular with any Danone Websites (including any social network page or account), whichever the commercial conditions (whether free of charge or in consideration of a payment). The assignment of rights includes the right to promote and advertise the Testimonials, the Service and/or Danone’s products and services, and the right to sublicense to any third party. The User hereby waives the exercise of any moral rights that she has or may have in the Testimonial.
5.2. Any right in relation to the Testimonial and the present TOS that has not been assigned shall be assignable in priority to Danone, at conditions to be determined timely and in good faith between the Parties.
5.3. Users will give to Danone and/or its designees all reasonable assistance and execute all documents necessary to perfect, preserve, register or record its right in and to the Testimonials.
5.4. User also grants to Danone the irrevocable right to use: first name, last name, age, occupation, nationality, likeness, personal as provided, in connection with the Testimonial; however, Danone will have no obligation to do so.
5.5. Danone has no obligation to publish, distribute or display any Testimonial or any portion of it.
5.6. As the case may be, Danone may notify to Users that it has decided not to select their Testimonial for publication as provided by the present assignment of rights. In this event, the assignment of rights shall be terminated as of the date of notification made by Danone to the User by post or by email.
5.7. The User submitting a Testimonial represents and warrants that the Testimonial and Danone’s exercise of the rights granted, does not and will not: (a) infringe the rights of any third party, including without limitation any intellectual property rights, rights of publicity, rights of personality, rights of privacy, rights to payment of royalties, or any other rights of third parties; (b) result in any tort, injury, damage or harm to any third party (including, without limitation, defamation, breach of any intellectual property rights or breach of confidentiality); (c) otherwise breach any applicable laws or regulations or relevant industry codes; or (d) be false and misleading.
ARTICLE 6 – USE OF THE SERVICE
6.1. Once a User submits a Testimonial, Danone will acknowledge receipt of the Testimonial and will then review it in order to make a limited selection of Testimonials that shall be published, accordingly with the rights granted.
6.2. All Users undertake not to violate any applicable legislation and undertake not to cause prejudice to any legitimate interests of third parties and of Danone and the Danone Group. Notably Users undertake not to engage in the following:
- Reproducing, representing or distributing a work (document, image, video, sound…) protected by intellectual property rights without prior written authorisation, and/or in violation of applicable law;
- Publishing a hypertext link redirecting to paying content;
- Violating privacy rights of third parties (name(s), likeness of third parties without their explicit consent);
- Making false or misleading statements in the Testimonial;
- Causing damage to the reputation of Danone or of any other third party (derogatory speech);
- Disparaging products and services;
- Disseminating unsolicited electronic messages (spamming);
- Using the Service to disseminate, in any way, unsolicited advertisement or promotional material;
- Disseminating insulting or defamatory messages;
- Misappropriating the identity of another User or introducing oneself in a computer system;
- Inciting to crimes or offences such as provocation to suicide, to discrimination, to hatred (notably racial hatred) or to violence;
- Praising crimes, war crimes, crimes against humanity, acts of terrorism, or negating crimes against humanity;
- Disseminating content that is violent, pornographic or contrary to public order and public decency, that may cause harm to respect to the human person and human dignity, as well as to the protection of minors;
- Disseminating knowingly viruses or otherwise malicious programmes that may alter, delete or collect data fraudulently, falsifying data.
In the event that a User does not observe one of the above provisions, Danone reserves the right to remove Testimonials at its sole discretion notwithstanding Danone’s right to seek compensation of any prejudice suffered. Users shall indemnify, defend and hold Danone harmless from any claims and costs that arise out of any breach of representations, warranties or obligations under this agreement, including any claim related directly or indirectly to Testimonials.
ARTICLE 7 – INTELLECTUAL PROPERTY
All elements (text, images, photographs, sounds software, icons, graphics, layouts, databases, trademarks, logos, etc.) of the Service, as well as their structure and editorial content are protected by intellectual property rights, such as authors’ rights, trademarks, database producer’s rights, etc. for which Danone is the rights holder, assignee or licensee. Consequently no reproduction, representation, adaptation, translation and/or transformation in whole or in part, or taking of any element of the Service may occur without the express and prior authorisation of Danone.
ARTICLE 8 – PERSONAL DATA – COOKIES
8.2. The data provided by Users submitting their Testimonial to Danone shall be used exclusively for the proper functioning and management of the Service and for the publication of the Testimonials. The data and information will be used as long as necessary for the publication of the Testimonial, and shall be deleted thereafter.
8.3. In accordance with the provisions of applicable law, all Users have a right to access, rectify, erase their personal data, block or object to the processing held by Danone. Any User may exercise these rights by writing to the following address:
100, rue de Lauzon
ARTICLE 9 – GENERAL PROVISIONS
9.1. User agrees that Danone may assign this agreement or any of Danone’s rights and obligations to any third party and that Danone may subcontract any of its obligations to any third party.
9.2. If any provision in the present TOS is held to be illegal, invalid, or unenforceable by a court or other decision making authority of competent jurisdiction, then the validity and enforceability of all other provisions in the TOS will not be affected or impaired.
9.3.The present TOS are governed by the laws of of the province of Québec and the federal laws of Canada. For all litigation regarding the validity, interpretation or performance of the present TOS, the Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the judicial district of Montreal, province of Quebec, Canada.
ARTICLE 10 – LEGAL NOTICE AND CONTACT DETAILS
10.1. Publisher of the Service: Danone Inc.