Kimberly-Clark Online Community
Member Agreement/Terms and Conditions

 

You must agree to the following terms and conditions of use before you access or otherwise use or participate in the Kimberly-Clark Online Community. Your use of this Web site constitutes your agreement with Kimberly-Clark to be bound by, and to act in accordance with, these Terms and Conditions.

 

Notification of Changes

We may change or revise these Terms and Conditions from time to time by updating this posting. Please visit the Terms and Conditions area each time you visit the Web site to keep up to date with the current terms regarding your use of the Web site. Your use of the Web site reaffirms your continuing agreement to the then-current Terms and Conditions. Any future changes to these terms and conditions will be posted on the community Web site.

 

Confidentiality

Your invitation to participate in the Kimberly-Clark Online Community is personal and non-transferable. You or anyone in your household or immediate family cannot work for a manufacturer or distributor of personal care products including Kimberly-Clark Corporation and/or Kimberly-Clark Worldwide, Inc. and/or Kimberly-Clark Global Sales, LLC and/or any of Kimberly-Clark’s subsidiaries or affiliates, and its competitors, or in a marketing, market research, advertising, public relations firm or function, a grocery, food, drug, mass merchandise or discount store, or a medical healthcare facility. You may not disclose to others any of the information that we disclose to you or any ideas or information that are generated in the community. Your community member name and password are for your use only. You may not disclose your password to any other person. 

 

Assignment

You irrevocably assign to Kimberly-Clark all rights in any ideas or expressions of ideas that you provide to the community. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Kimberly-Clark through this Web site will become and remain the exclusive property of Kimberly-Clark, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Kimberly-Clark’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means that with the exception of your personal information, Kimberly-Clark has no obligation to keep your submissions confidential. 

You further release and waive all claims against Kimberly-Clark with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.  You agree to indemnify and hold Kimberly-Clark harmless from all claims, actions, damages, costs, judgments, penalties or expenses of any kind whatsoever (including reasonable attorneys' fees except as provided herein), which may be obtained against, suffered by, or imposed upon Kimberly-Clark and/or its officers, directors, agents or affiliates as a result of any claim for its use of any information you provide through the community that was proprietary, confidential or protected by the laws of any jurisdiction.

 

Privacy

To the extent that you also provide us with any of your personally identifiable information, Kimberly-Clark will only use such information in accordance with the privacy policy of Kimberly-Clark a copy of which is available at http://www.kimberly-clark.com/privacypolicy.aspx. Please note that by clicking on the "I Accept" button below, any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Kimberly-Clark provided, that in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Kimberly-Clark.

By clicking to accept these Terms & Conditions, you accept that Kimberly-Clark collects any personally identifiable information voluntarily provided by you on this Web site.

When collecting sensitive personal information (e.g. ethnicity, income, education, etc.), we are doing so for the purposes of creating a balanced community reflective of the Kimberly-Clark consumer population or its segments. Such information is not collected for any discriminatory purposes. You will always retain the right not to answer any question regarding personal information with which you do not feel comfortable.

When you provide personally identifiable information to us, we may ask if you want to receive future marketing information, communication from us, such as newsletters, email or other information. You can choose not to receive this communication, if you wish. If you accepted, you can ask us to stop it by contacting us using the information listed at the bottom of Kimberly-Clark’s Privacy Policy (see link above). 

If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like us to remove it from our records, please contact the community facilitator, Christina Figueredo, cfigueredo@communispace.com. If you want to correct any personally identifiable information that you already submitted, please contact your community facilitator, Christina Figueredo, cfigueredo@communispace.com.

This personally identifiable information will only be used for the purposes of sending the weekly community email from your facilitator(s) and for administering electronic or tangible rewards.   

Personal information collected on the site may be stored or processed in your country of residence or any other country in which Kimberly-Clark or its subcontractors or agents maintain facilities and by using the site, you consent to any transfer of information outside your country of residence.  Communispace is a self-certified member organization of the U.S. - EU Safe Harbor Framework, and strictly adheres to U.S. - EU data privacy protection laws.  As such, Communispace will ensure that, if information is transferred outside of your country of residence, it will be treated in accordance with the U.S. - EU data privacy protection laws.

Your personally identifiable information may also be used to help us track the way you use our site and our products. We may also combine the information you provide with information that we collect separately, including information you have provided to other organisations (with consent that it can be shared) as well as public information. All of this information will help us to better understand your needs and how we can improve our products and services. In order to do this, we may also share your information with companies who carry out work for us. These companies have agreed to use your information only in the way we tell them and to have procedures in place to protect the information.

If we share your information with a company, other than as set out above, we will contact you first and give you the opportunity to remove your information from our database unless you have already given your consent to this.

Please note that by clicking on the "I Accept" button below, any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Kimberly-Clark provided, that in such event, the third party vendor will have no right to use any such information other than for uses necessary to fulfill its services to Kimberly-Clark.

Communispace will retain your personal information securely per the provisions above and will retain your information for a reasonable period and not longer than allowed by the law.

 

Code of Conduct

You agree not to upload, post or transmit to or distribute or otherwise publish through the Web site any materials which (i) restrict or inhibit any other user from using the Web site, or contain a virus or other harmful component, (ii) violate any laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Web site or are libelous, defamatory or offensive. You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of Kimberly-Clark.

You agree to abide by these rules of conduct:

 

Links to Third Party Sites

This Web site may contain links to other Web sites for informational purposes and are not intended to suggest any affiliation with Kimberly-Clark unless expressly stated. The reliability, availability and performance of these other Web sites are beyond Kimberly-Clark’s control, and Kimberly-Clark makes no representations or warranties with respect to such Web sites. Kimberly-Clark provides these links to you only as a convenience, and the inclusion of any link to such Web sites does not imply endorsement by Kimberly-Clark of those Web sites. Kimberly-Clark reserves the right to terminate any link or linking program at any time.  Any trademarks, copyright or other registered material or intellectual property of the Websites remain the property of their respective owners.

 

No Duty To Monitor

Kimberly-Clark is not responsible for content provided by others and is under no obligation to pre-screen content posted within a Community. Kimberly-Clark, however, retains the right to refuse to post, redact or delete any content for any reason whatsoever. Notwithstanding this right, Kimberly-Clark is not responsible for any failure or delay in removing material.

 

Communispace and Kimberly-Clark comply with the provisions of the Digital Millennium Copyright Act (DMCA). The owner of or the person entitled to enforce a copyright may notify Kimberly-Clark of any violation of copyright in the Kimberly-Clark Online Community by sending a notice containing the following information:

Send Notice to: 
DMCA@communispace.com

Please note that this procedure is solely for notifying Communispace and Kimberly-Clark that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

 

Membership

Your membership in and access to the Kimberly-Clark Online Community is strictly at the discretion of Kimberly-Clark and may be revoked at any time without cause and without notice. You hereby release Kimberly-Clark from any and all liability that may arise in connection with your use of the Kimberly-Clark Online Community.

 

Member Appreciation Rewards

Kimberly-Clark is grateful that you have agreed to join our Online Community.  In appreciation for sharing your opinions and perspectives, Kimberly-Clark would like to offer you certain rewards. If you are selected to join the community, the Member Appreciation Plan will be posted in the community.

You are responsible for any taxes, state, federal and/or local, associated with the rewards you earn for participating in the Online Community.  You agree, upon request, to provide Kimberly-Clark with any information Kimberly-Clark requires to meet its obligations in respect of tax reporting.  Once issued to you, Kimberly-Clark is not responsible for lost, stolen or damaged rewards. Kimberly-Clark reserves the right, at any time and without advance notice, to suspend or cancel the rewards program.

 

Warranty

Kimberly-Clark does not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the Kimberly-Clark Online Community, and reserves the right to remove any content from the community Web site that it deems inappropriate.

Kimberly-Clark and/or its agencies endeavor to maintain this Web site and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the Web site or its operation. As to the operation of the Web site, Kimberly-Clark expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Kimberly-Clark makes no warranty that (i) the operation of the Web site will meet the user's requirements; (ii) access to the Web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Web site will be accurate or reliable; or (iv) defects will be corrected. You (and not Kimberly-Clark) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Web site.

 

Limitation of Liability

Under no circumstances shall Kimberly-Clark and/or its agencies be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Web site or information available in the Web site. Kimberly-Clark shall not be liable even if Kimberly-Clark or a Kimberly-Clark authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

You agree to defend, indemnify and hold Kimberly-Clark and/or its agencies harmless from any claim or demand made by any third party against Kimberly-Clark due to or arising out of your participation in the Kimberly-Clark Online Community and/or any breach by you of the provisions of this agreement.

 

Jurisdiction

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Wisconsin, without reference to its conflicts of law principles. You agree to submit to jurisdiction in Wisconsin and further agree that any cause of action arising under this Agreement may be brought in Outagamie or Winnebago County Circuit Court, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.

 

Whom to Contact

If you have submitted personally identifiable information through this Kimberly-Clark site or interactive advertisement or other communication, and would like that information deleted from our records, please contact your community facilitator, Christina Figueredo, cfigueredo@communispace.com.