Nestlé Colour Magic

Terms of Use for Mobile Application

Welcome to the Nestlé Colour Magic application ("Application"). Nestlé is committed to maintaining trust with users of our Application. The terms below govern your use of the Application.

1. Purpose of the Application

The Application enables users to scan and animate images depicted on SMARTIES® and MILKYBAR® 3D activity packs.

2. Acceptable use

Please feel free to explore our Application.

However, use of the Application and materials derived from it should not be illegal or offensive in any way. For example you should be mindful not to breach another person's right to privacy nor infringe any intellectual property rights.

3. Data protection and Cookies

Our Privacy Notice applies to any personal data or material shared on this Application. The Application uses cookies. Use of cookies is governed by our Cookie Policy. The Software Developer, located in the US, may collect statistical data and the IP address of the device during the use of the application.

4. Intellectual property

4.1. Content provided by Nestlé

All intellectual property rights, including copyright and trademarks, in materials published by or on behalf of Nestlé on the Application (e.g. text and images) are owned by Nestlé or its licensors. You may reproduce extracts of the Application for your own private use (i.e. non-commercial use) provided that you keep intact and respect all intellectual property rights, including any copyright notice which may appear on such content (e.g. © 2016 Nestlé).

4.2. Content provided by You

You represent to Nestlé that you are either the author of the content that you contribute to this Application, or that you have the rights (i.e.: have been given permission by the rights holder).

Such content will be treated as non-confidential and you grant Nestlé a royalty free, perpetual, worldwide licence to use (including to disclose, reproduce, transmit, publish, or broadcast) the content you provide for purposes relating to its business.

Please note that Nestlé is free to decide whether or not to use this content and that Nestlé may already have developed similar content or have obtained such content from other sources, in which case all intellectual property rights in this content remains with Nestlé and its licensors.

5. Liability

While Nestlé uses all reasonable efforts to ensure the accuracy of materials on our Application and to avoid disruptions, we are not responsible for inaccurate information, disruptions, discontinuance or other events which may cause you damage, either direct (e.g. computer failure) or indirect (e.g. loss of profit). Any reliance upon materials on this Application shall be at your own risk.

This Application may contain links to Applications outside of Nestlé. Nestlé has no control over such third party Applications, does not necessarily endorse them and accepts no responsibility for them, including as to their content, accuracy or function. As a result, we invite you to carefully review the legal notices of such third party Applications (web sites of third party sellers) including keeping yourself informed of any changes to them.

If you're downloading or using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges.

6. Contact us

This Application is operated by Nestlé UK Ltd, 1 City Place, Gatwick RH6 0PA ("Nestlé"). If you have any question or comment regarding the Application, please feel free to contact us - Nestlé Consumer Services PO Box 203, York. YO91 1XY UK. Tel - 0800 604604 (UK) 00800 63785385 (ROI).

7. Changes

Nestlé reserves the right to make changes to these terms of use. Please refer to this page from time to time to review these terms of use and any new information.

8. Governing law and jurisdiction

The Application is intended for users from the United Kingdom and Republic of Ireland. Nestlé makes no representation that the products and the content of this Application are appropriate or available in locations other than the United Kingdom and Republic of Ireland.

You and Nestlé agree that any claim or dispute relating to the Application shall be governed by the laws of England and Wales and be brought before the courts of England and Wales.

Copyright © December 2016 Nestec S.A.


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