P&G SuperSavvyMe™ - User Generated Content Release 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 SuperSavvyMe 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 non-commercial 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 Australia and are at least eighteen (18) years of age;
  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, libellous, 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 monopolise 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 authorisation,
  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 SuperSavvyMe 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 SuperSavvyMe 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        

  1. This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of Australia 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 courts of Australia. 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.