User Generated Content Agreement
The P&G Website has dedicated spaces for its members to express meaningful thoughts, opinions and insights relevant to the featured topic. Please make sure your responses are relevant to the posted entry and the stated focus of the P&G Website Community. While topic drift is normal, we expect that everyone will stay as close to the subject as possible.
Before you can submit your review or other user generated content, you must (a) scroll through this User Generated Content Agreement and (b) indicate your assent by checking the box at the base of the agreement.
This agreement (“Agreement’) governs your conduct and the parties’ respective rights with respect to any submissions you make associated with P&G Everyday and/or other social media services (Collectively “Services”) offered and used by P&G. For the purpose of the agreement:
“P&G” means The Procter & Gamble Company and its subsidiaries, affiliates, assigns, successors, brands, licensors, licensees, and or agents. These Services may be offered on various P&G-owned or P&G-sponsored websites, web pages and/or online applications.
RE-USE BY P&G
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement , any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. P&G will have no obligations with respect to the Communications. P&G and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
COMMUNITY GUIDELINES / HOUSE RULES:
When you submit a Submission, (any text, photograph, video, music, audio/sound recording, artwork or other materials or information submitted to the Services) you affirm to P&G the following:
You further agree not to upload any Submission that includes or references any one or more of the following:
You may not:
IP and Right of Publicity Representations and Warranties
By uploading a Submission, you agree that you have the all rights to submit the Submission to P&G. You also agree that the Submission does not contain any material or information that, through its inclusion in the Submission and/or use by P&G (for any purpose), would violate or infringe upon any copyright, trademark, right of publicity or persona, right of privacy, moral rights, or other personal or proprietary right of any person or entity or violate any related law or regulation.
Your Submission(s) must consist entirely of material and/or information that is owned by you, including but not limited to any text, music, recordings, illustrations, photographic images, and videographic clips. By submitting a Submission, you represent and warrant that it does not contain any works, material or information that is owned or controlled by anyone other than you.
You further agree that you shall not upload any Submission that contains the name, nickname, username, biographical information, vocal recordings, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of any third party or any other indicia of third party right of publicity rights (collectively “Third-Party Personal Content”). By uploading a Submission, you represent and warrant that it does not contain any Third-Party Personal Content.
Grant of Rights Release
In exchange for participating in the Services and having your Submission(s) considered for use by P&G in the Services and/or as otherwise detailed below, sufficiency of which you acknowledge, you grant each of the following to P&G:
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above. Without limiting the foregoing, submission of a Submission constitutes your agreement that P&G is permitted to display the Submission online for public viewing and/or comment (whether on P&G’s web pages or on third party web pages), to incorporate the Submission in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt and distribute the Submission in all media, whether now known or later developed. However, P&G will have no obligation to post or use any Submission(s).
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, P&G and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the P&G’s rights as noted above.
You understand that P&G is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.
P&G shall have the right, but not the obligation, to monitor, review, remove or refuse your submission or story or any portion thereof, and to pursue any one or more of the following actions with regard to your submissions and your interaction with the Services:
P&G does not guarantee that you will have any opportunity to edit or delete any Submission that you have submitted. You acknowledge that you, not P&G, are responsible for the contents of any Submission(s). None of the Submissions that you upload shall be subject to any obligation of confidence on the part of P&G, its third party service providers and agents, or their respective directors, officers and employees.
USER PARTICIPATION: P&G does not and cannot review all communications and materials posted to, or created by, users accessing the Site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, P&G is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, P&G reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to P&G at its sole discretion.
USER CHAT ROOMS: P&G may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. P&G, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
REPORTING ABUSE: All over our website you’ll see Report buttons that let you notify us of stuff that breaches the rules. This helps you look after the community too. Reporting does not require any action by P&G. P&G reserves the right, in its sole discretion, to monitor and maintain this site and its contents.
MEDICAL DISCLAIMER: The content of this site is not a substitute for medical advice. P&G everyday is not intended to, and do not, provide medical advice, diagnosis or treatment. All content, including text, graphics, images and information are for general informational purposes only. Never disregard professional medical advice or delay in seeking it because of something you have read on this site or in a e-mail newsletter. Never rely on information from this site or an e-mail newsletter in place of seeking professional medical advice.
2. LIMITATION OF LIABILITY
2.1 IN NO EVENT SHALL P&G BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF P&G HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
2.2 INDEMNIFICATION: You agree to indemnify, defend, and hold harmless P&G, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
3. CHOICE OF LAW, VENUE AND JURISDICTION