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TERMS AND CONDITIONS
Agreement Between User And Procter & Gamble
The network of Web Sites (collectively, the "P&G Web Sites") operated by The Procter & Gamble Company or its affiliates or subsidiaries ("P&G" or "Procter
& Gamble"), is comprised of various Web sites and Web pages. The P&G Web Sites are offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the P&G Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a
particular P&G website included within the P&G Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional
Terms"). Additionally, the P&G Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat
areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within
any particular P&G website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE(this "Site"). By accessing or using this Site, you agree
to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
Modification Of These Terms Of Use
P&G reserves the right to change the terms, conditions, and notices under which the P&G Web Sites are offered, including but not limited to the charges
associated with the use of the P&G Web Sites. You are responsible for regularly reviewing these terms and conditions.
Use Of Site. Personal And Non-Commercial Use Limitation.
Unless otherwise specified, the P&G Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the P&G Web
Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy
portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with P&G or to purchase P&G products.
Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the
content of this Site, without prior written permission of P&G is strictly prohibited.
Harassment in any manner or form on the Site or any of the P&G Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden.
Impersonation of others, including a P&G employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to,
distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or
violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service
or other organization.
Copyrights And Trademarks.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is
copyrighted as a collective work under the United States and other copyright laws, and is the property of P&G. The collective work includes works that are licensed
to P&G. Copyright 2000, 2001. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered
trademarks of and are proprietary to Procter & Gamble, or other respective owners that have granted P&G the right and license to use such Marks.
Notices And Procedures For Making Claims Of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated
agent.ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
P&G respects the intellectual property of others, and we ask our users and visitors to do the same. P&G will process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of
notices complying with the DMCA, P&G will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity
and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide P&G the following information. Please be advised
that to be effective, the Notification must include ALL of the following:
1.a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed
2.a description of the copyrighted work that you claim has been infringed
3.a description of where the material that you claim is infringing is located on the Site
4.your address, telephone number, and email address and all other information reasonably sufficient to permit P&G to contact you
5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By Mail:
The Procter & Gamble Company Legal/IP Division Copyright Agent 299 East Sixth Street Cincinnati, OH 45202
By Fax:
(513) 983-6840
By Email:
copyright.im@pg.com(Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE:THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PROCTER & GAMBLE THAT YOUR
COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILLNOTRECEIVE A RESPONSE THROUGH THIS PROCESS.
Typographical Errors.
In the event a P&G product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers,
P&G shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. P&G shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your
order is canceled, P&G shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or
any of them, may be modified or terminated by P&G without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer,
Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
User Participation.
P&G does not and cannot review all communications and materials posted to or created by users accessing the Site and is 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. Note that any personally identifiable information you may post or transmit will be treated by
Procter & Gamble in accordance with Procter & Gamble'sPrivacy Statement.
User Submissions.
Except for any personally identifiable information we may collect from you under the guidelines established in ourPrivacy 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.
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.
Third-Party Links.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors
and other third parties (the "External Sites"). However, even if the third party is affiliated with P&G, P&G has no control over these linked sites, all of
which have separate privacy and data collection practices, independent of P&G. P&G has no responsibility or liability for these independent policies or actions
and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at
your own risk. Links do not imply that P&G sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade
name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, P&G seeks to protect
the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a
specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the
content located on such External Sites.
Claims.
Each claim or statement about the effectiveness of P&G products and/or each claim or statement comparing the effectiveness of P&G products to the effectiveness
of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Disclaimer.
Procter & Gamble makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External
Sites.
Procter & Gamble does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and
materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to
consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, P&G DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. P&G DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. P&G DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation Of Liability.
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.
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.
Applicable Laws.
Your use of this Site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N.
Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of
or relating to this Site (including but not limited to the purchase of P&G products) shall be in the state or federal courts located in Hamilton County, Ohio. Any
cause of action or claim you may have with respect to the Site (including but not limited to the purchase of P&G products) must be commenced within one (1) year
after the claim or cause of action arises. P&G's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and
conditions. P&G may assign its rights and duties under this Agreement to any party at any time without notice to you.
P&G makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their
content is illegal is prohibited. Those who choose to access this Site from locations outside Ohio do so on their own initiative and are responsible for compliance
with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be
governed by the internal substantive laws of the State of Ohio.
Arbitration.
By using this Site, you agree that P&G, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and
Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well
as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of
Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such
proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the
direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing
party's actual damages in any arbitration initiated under this section, except as may be required by statute.
General.
P&G may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are
binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Our Addresses.
United States
The Procter & Gamble Company One Procter & Gamble Plaza Cincinnati, Ohio 45202 United States
Europe
Procter & Gamble Belgium Temselaan 55 B-1853 Strombeek-Bever Belgium
Middle East and Africa
Procter & Gamble AG 1 Rue du Pre De La Bichette P.O. Box 2696 1211 Geneva 2 Switzerland
Mexico
Procter & Gamble de Mexico Loma Florida No. 32 10-12 Scotia Place Del Cuajimalpa 05100 Mexico D.J.
Latin America
Procter & Gamble de Venezuela Edificio P&G Urb. Sorokaima, Sector La Tinidad Caracas 1080 Venezuela
New Zealand
P&G NPD Inc. 7th Floor, Acer Building Col. Lomas de Vista Hermosa Auckland New Zealand
Japan
Procter & Gamble Far East, Inc. 1-17 Koyo-cho Naka, Higashi-nada-ku Kobe 658-0032 JAPAN
Australia
P&G Australia Pty. Ltd. 99 Phillip St. Parramatta NSW Australia 2150
China
Procter & Gamble Guangzhou Ltd. 2-4 Aether Square 986 Jie Fang Bei Road Guangzhou, China (P.R.C.) 510075
Last updated:April 6, 2001
2.1 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, http://www.pg.com/privacy/english/privacy_notice.html
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:
1.Submission is accurate, original and created solely by you
2.you are a resident of the United States and are at least eighteen (18) years of age or at least nineteen (19) if you are from Alabama or Nebraska, or at least
twenty-one (21) if you are from Mississippi
3.you are not an employee of P&G nor do you work for an affiliate or agency of P&G hired by P&G to promote and/or sell P&G products
4.your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for P&G or any third
party.
5.you are not a professional actor
6.your Submission does not incorporate third party images, photos, videos, music, lyrics, etc. You will also not use any names, pictures, likenesses or videos of any
other persons in the content you submit to us.
7.If your submission contains any images of persons who are minors in their state of residence, you agree that you are the legal guardian of the minor depicted in the
submission. As the legal guardian of the minor depicted, you acknowledge that you agree to the minor being featured in the submission and in other uses of the content
online and offline, for any advertising or commercial purpose(s).
8.your Submission was made without any prior payment or promise of payment having been made to you or the expectation by you of payment in return for your proposed
Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of
having your Submission used for P&G promotional purposes
9.the statements you make in the Submission reflect your true and honest opinion of and experience with the P&G products(s) that you have used yourself and are
reviewing
10.P&G’s use of the Submission you submit does not violate the terms of this Agreement and will not cause injury to any person or entity; or
11.your Submission including your display name and profile picture can be seen by others, so you will need to be respectful of your own and others’ privacy.
12.you will submit content consistent with “good taste” and the submission guidelines detailed in the agreement.
You further agree not to upload any Submission that includes or references any one or more of the following:
1.information known by you to be false, inaccurate or misleading
2.offensive, profane, vulgar, obscene or inappropriate language or visuals
3.defamatory, libelous, or slanderous content
4.content which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other
applicable personal or proprietary rights
5.content, which violates any law, statute, ordinance or regulation
6.content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute,
ordinance or regulation
7.material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully
threatening or unlawfully harassing to any individual, partnership, corporation, or political body
8.material or content for which you were compensated or granted any consideration by any third party
9.content or materials in which you impersonate another person or entity
10.content or materials intended to create disruption or to mislead others interacting with the Services, such as posting multiple Submissions in an effort to
monopolize the forum or posting a Submission unrelated to the Services’ designated topic or theme
11.content which includes third party websites, addresses, email addresses, contact information or phone numbers; or
12.Programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
You may not:
1.select or use a screen name of another person with the intention of impersonating that person,
2.use a screen name of anyone else without authorization,
3.use a screen name in violation of the intellectual property or other legal rights of any person or
4.use a screen name that P&G everyday considers, in its sole discretion and for any reason, inappropriate.
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:
1.a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or
technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, publicity, and
commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law)
2.an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical
information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of
your right of publicity rights (collectively “Your Personal Content”) as contained in your Submission(s), in composite or distorted form or as otherwise
incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but
not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or
payment to or permission needed from you (except where prohibited by law).
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.
MODERATION
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:
1.to monitor or review your Submission
2.to remove or refuse to post any Submission within the Services tool that it deems, in its sole discretion, to violate the content submission guidelines noted above
or any other provision of this Agreement
3.to suspend or terminate your access to the Services as P&G deems appropriate in the circumstances; and
4.to modify and re-use the content you submit, on other web pages or applications online and in offline materials, for any advertising or commercial purposes, without
further compensation to you.
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.
MODIFICATION OF COMMUNITY GUIDELINES AND TERMS OF USE: P&G may modify the terms of this Agreement at our sole discretion and without notice, which
modification shall be effective immediately. Accordingly, we suggest that you check this page regularly for updated or additional guidelines. These terms and
conditions, or any of them, may be modified or terminated by P&G without notice at any time for any reason.
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
This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Ohio without regard to its choice of law
provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the federal courts located
in Hamilton County, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or
enforceability of any other provision.
This Agreement sets forth the entire agreement of the parties with respect to your Submission(s) and may not be changed except by an instrument in writing signed by
both parties. This Agreement supersedes any and all prior agreements between the parties.
2.2 Text on all UGC pages (post an article / tip / recipe)
By submitting the content:
I understand that my submission will become public (including my user name and photo) and I confirm that I own the rights to the content I upload and that I am not
using any content which infringes anybody else’s rights or that uses or depicts anybody else’s name, picture, video.
I allow Procter & Gamble, P&G Website and its partners and agencies to re-use the content I submit, in accordance with the Terms and Conditions below, without
further compensation.
I have submitted content that depicts images of a person who is a minor, I confirm that I am the legal guardian of the minor depicted in the submission. As the legal
guardian of the minor depicted, I acknowledge that I agree to the minor being featured in the submission and in other uses of the content as stated in the Terms and
Conditions above.
I confirm that I have read, understood and I agree to the P&G everyday User Agreement [link].
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.
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:
1. Submission is accurate, original and created solely by you;
2. You are a resident of the United States and are at least eighteen (18) years of age or at least nineteen (19) if you are from Alabama or Nebraska, or at least
twenty-one (21) if you are from Mississippi;
3. you are not an employee of P&G nor do you work for an affiliate or agency of P&G hired by P&G to promote and/or sell P&G products;
4. your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for P&G or any third
party.
5. you are not a professional actor;
6. your Submission does not incorporate third party images, photos, videos, music, lyrics, etc. You will also not use any names, pictures, likenesses or videos of any
other persons in the content you submit to us.
7. if your submission contains any images of persons who are minors in their state of residence, you agree that you are the legal guardian of the minor depicted in the
submission. As the legal guardian of the minor depicted, you acknowledge that you agree to the minor being featured in the submission and in other uses of the content
online and offline, for any advertising or commercial purpose(s).
8. your Submission was made without any prior payment or promise of payment having been made to you or the expectation by you of payment in return for your proposed
Submission. Your Submission will also be made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of
having your Submission used for P&G promotional purposes;
9. the statements you make in the Submission reflect your true and honest opinion of and experience with the P&G products(s) that you have used yourself and are
reviewing;
10. P&G's use of the Submission you submit does not violate the terms of this Agreement and will not cause injury to any person or entity; or
11. your Submission including your display name and profile picture can be seen by others, so you will need to be respectful of your own and others' privacy.
12. you will submit content consistent with "good taste" and the submission guidelines detailed in the agreement.
Submission Guidelines
You further agree not to upload any Submission that includes or references any one or more of the following:
1.information known by you to be false, inaccurate or misleading;
2.offensive, profane, vulgar, obscene or inappropriate language or visuals;
3.defamatory, libelous, or slanderous content;
4.content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable
personal or proprietary rights;
5.content, which violates any law, statute, ordinance or regulation;
6.content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute,
ordinance or regulation;
7.material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully
threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
8.material or content for which you were compensated or granted any consideration by any third party;
9.content or materials in which you impersonate another person or entity;
10.content or materials intended to create disruption or to mislead others interacting with the Services, such as posting multiple Submissions in an effort to
monopolize the forum or posting a Submission unrelated to the Services' designated topic or theme;
11.content which includes third party websites, addresses, email addresses, contact information or phone numbers; or
12.Programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.
P&G shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your submissions and your interaction with the
Services:
1.to monitor or review your Submission;
2.to remove or refuse to post any Submission within the Services tool that it deems, in its sole discretion, to violate the content submission guidelines noted above
or any other provision of this Agreement;
3.to suspend or terminate your access to the Services as P&G deems appropriate in the circumstances; and
4.to modify and re-use the content you submit, on other web pages or applications online and in offline materials, for any advertising or commercial purposes, without
further compensation to you.
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.
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 and 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:
1.a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or
technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, publicity, and
commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
2.an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical
information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of
your right of publicity rights (collectively "Your Personal Content") as contained in your Submission(s), in composite or distorted form or as otherwise incorporated
into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited
to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or
permission needed from you (except where prohibited by law).
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.
Choice of Law, Venue and Jurisdiction
1. This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Ohio without regard to its choice of law
provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the federal courts located
in Hamilton County, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
2. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or
enforceability of any other provision.
3. This Agreement sets forth the entire agreement of the parties with respect to your Submission(s) and may not be changed except by an instrument in writing signed by
both parties. This Agreement supersedes any and all prior agreements between the parties.
If you do not agree with the content of this Agreement and/or do not want your submission considered for any of P&G's and its brands' promotional purposes, including
but not limited to online and offline advertising materials related to P&G and its brands, do not check the box below or activate the submit button.
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