NESPRESSO USA MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
LAST UPDATED: 01/04/2012
TERMS AND CONDITIONS OF USE - PLEASE READ CAREFULLY
Thank you for visiting a Nespresso USA (“Nespresso USA”) website. Nespresso USA maintains this website (Site) for informational and other marketing purposes. Your access to and use of this site is subject to these Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitations, these Terms and Conditions and acknowledge that any other agreements between you and Nespresso USA regarding this Site are superseded and of no force or effect. If we decide to modify our Terms and Conditions, we will post a new dated version on our Site. We invite you to consult these Terms and Conditions from time to time in order to familiarize yourself with any changes.
This Site belongs to Nespresso USA. Nespresso USA or other third parties who have licensed Nespresso USA’s use own the copyright to the contents (including, but not limited to text, graphics, images, sounds, music, artwork, computer code, etc.) of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Nespresso USA’s written permission.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Nespresso USA or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited. You are also advised that Nespresso USA will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Use of Our Site
You may use our Site only as permitted by these Terms and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You agree not to use any “deep-link”, “robot”, or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of this Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or its content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site. We reserve the right to take measures to prevent any such activity.
You agree not to gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data.
You agree not to probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree not to not reverse look-up, trace or seek to trace any information on any other visitor to the Site, or any other customer of Nespresso USA, including any account or profile that is not held by you, in any way where the purpose is to discover materials or information, including but not limited to Personally Identifiable Information (PII) or other information that reasonably could be used to connect non-PII to PII.
You agree not to take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack.
You agree not to use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You agree not to impersonate or pretend that you are any other person or falsely claim you represent another person.
Submissions to the Site
Any non-personal information, communications or material you submit to Nespresso USA at this Site, by e-mail, download/upload, or otherwise (“Submission”), is non-confidential, and Nespresso USA is free to use and reproduce such Submission freely, and for any commercial or non-commercial purpose. Specifically, Nespresso USA is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting. If Nespresso USA accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, Nespresso USA does not waive any rights it may have to similar or related ideas previously known to Nespresso USA or developed by its employees, or obtained from sources other than you.
You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that Nespresso USA's use will not violate any third party's rights.
Nespresso USA is under no obligation to use, review or return any Submission and may remove all posted submissions at any time, for any reason.
Although Nespresso USA may from time to time monitor or review chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), Nespresso USA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site.
You are prohibited from posting or transmitting any unlawful, threatening or bullying, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material; material that infringes or violates third party intellectual property rights (such as videos, music or photos for which you do not have permission to post), including a party’s right of publicity or privacy; material that contains malicious software; materials involving political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; 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. Nespresso USA will fully cooperate with any law enforcement authorities or court order requesting or directing Nespresso USA to disclose the identity of anyone posting any such information or materials. Nespresso USA may remove Postings at any time, and for any reason.
General Product/Service Review Guidelines
You may be able to post reviews to a Nespresso USA site or page.
What to include:
Your comments should focus on your experience and context. The best comments include not only whether you liked or disliked an experience, but also why.
What not to include:
• Time-sensitive material.
• Commenting on other reviews, in a discourteous manner.
• Profanity, obscenities, or spiteful remarks.
• Personal info - phone numbers, mail addresses, URLs, etc.
• Solicitations for business, helpful votes, etc.
• If you are a Nespresso employee, agency, incentivized blogger, etc., be sure to let others know; your posts should reflect this affiliation
Comments in violation of these guidelines will not be posted.
All submitted reviews become the licensed property of Nespresso USA as set forth in above in Submissions to the Site.
Your reviews may be posted on the Site. Submissions that do not follow our review guidelines will not be posted.
Description of Products/Services
The Site refers to products and/or services that are generally available for purchase in the continental United States but may not be available in your particular locality. The reference to any such products or services on this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local Nespresso USA authorized representative for specific product/service availability in your locality.
We do not warrant that the descriptions or other content of this Site are accurate, complete, reliable, current or error-free. Features and specifications of products described or depicted on the Site are subject to change at any time without notice.
Copyright Complaints (DMCA policy)
Nespresso USA respects the intellectual property of others, and we ask our users to do the same. Nespresso USA may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Nespresso USA by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
Please send notice to:
Legal Department/DMCA Notices
800 N. Brand Blvd.
Glendale, CA 91203
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.
Violations; Termination of Usage
Nespresso USA may terminate or suspend your access to all or part of the Services immediately and without notice for any conduct that Nespresso USA, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of Nespresso USA or any third party. Upon termination, you must cease use of the Services and all related content. Nespresso USA reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access to the Site from a particular Internet address.
This Site may contain links to other websites. These links are to companies or organizations we believe you may have an interest in. Nespresso USA has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk. Please be mindful of this as you link to other outside websites.
In general, Nespresso USA does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of Nespresso USA's trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests Nespresso USA has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with Nespresso USA to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without Nespresso USA's written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any Nespresso USA names, trademarks, slogans, or any other words or codes identifying Nespresso USA Site in any metatag. Nespresso USA will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Nespresso USA and its products. Nespresso USA reserves the right to cancel permission to link at any time, for any reason.
Nespresso USA may preserve and disclose user content if expressly authorized by you or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any user content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Nespresso USA, Site users, or the public.
The Nespresso USA products, materials, offers, and information appearing on this Site are intended for U.S. visitors/customers. This Site is controlled by Nespresso USA from its offices in New York, New York, United States. Nespresso USA makes no representation that materials on this Site are appropriate or available for use in other locations.
Disclaimers/Limitation of Liability/Indemnity
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Nespresso USA does not assume any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing any of our sites, or your downloading of any information or materials from any of our sites.
IN NO EVENT WILL NESPRESSO USA OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Website during the prior twelve (12) months or (ii) ten dollars ($10).
You agree to defend, indemnify and hold harmless Nespresso USA, its officers, directors, employees, business partners and agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your submissions, (iii) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third party right by materials created by Nespresso USA) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law/Severability/Waiver/Dispute Resolution
Any dispute arising out of, or relating to, the use of any of our sites will be governed by and construed in accordance with the laws of the State of New York without regard to any principles of conflicts of law.
If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Terms. Any failure by us to partially or fully exercise any rights or the waiver of any breach of the Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of the Terms. Our rights and remedies under the Terms shall be cumulative, and the exercise of any.
Any claim arising out of, or relating to, the Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Nespresso USA and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of that State of Delaware.
If you have any questions or concerns about the Terms, please send an email to customer service by Clicking here
or write to us at:
Digital Marketing Department
24-01 44th Road, 12th Floor
Long Island City, NY 11101