You must agree to the following terms and conditions of use before you access or otherwise use or participate in the Procter & Gamble Online Community. Your use of this Web site constitutes your agreement with The Procter & Gamble Company ("P&G" or "Procter & Gamble"), to be bound by, and to act in accordance with, these Terms and Conditions.
The role of Communispace
The community is conducted by Communispace (http://www.communispace.com/), pursuant to a contractual agreement with Procter & Gamble. Communispace may not sell or otherwise share your personal information and may only use the information you provide in order to assist Procter & Gamble in administering and organizing feedback from community members.
You understand that this is not a Procter & Gamble customer service channel. If you have any questions or concerns which require the assistance of a Procter & Gamble representative, you agree to submit any such requests through your normal customer service channels at Procter & Gamble.
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.
Your invitation to participate in the Procter & Gamble Online Community is personal and non-transferable. You or anyone in your household or immediate family can not work for a market research company, public relations firm or advertising agency. 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.
You irrevocably assign to Procter & Gamble 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 Procter & Gamble through this Web site will become and remain the exclusive property of Procter & Gamble, 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 Procter & Gamble 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, Procter & Gamble has no obligation to keep your submissions confidential.
You further release and waive all claims against Procter & Gamble 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 Procter & Gamble 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 Procter & Gamble 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.
By clicking-accepting these Terms & Conditions, you accept agree that Communispace and Procter & Gamble may collect and process 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 conducting market research and creating a balanced community reflective of Procter & Gamble’s 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.
By accepting these Terms & Conditions and by submitting personal information, including sensitive information, you explicitly consent to the processing of such information by Procter & Gamble or Communispace consistent with these Terms & Conditions.
Personal information collected on the site may be stored or processed in your country of residence or any other country in which Communispace, Procter & Gamble or its subcontractors or agents maintain facilities. Although unlikely, your personal information may be disclosed to the governments, courts, law enforcement or regulatory agencies under a lawful order in a jurisdiction where your personal information is stored and/or processed. You cannot opt out of disclosure of your personal information if required by lawful order. By using the site and agreeing to these Terms & Conditions, you consent to any transfer of information outside your country of residence.
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 correct or remove it from our records, please contact the community facilitator, Alison McAnaney firstname.lastname@example.org. Communispace is a self-certified member organization of the U.S. Department of Commerce EU Safe Harbor Framework, and strictly adheres to applicable data privacy protection laws.
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 Procter & Gamble.
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 Procter & Gamble unless expressly stated. The reliability, availability and performance of these other Web sites are beyond <Company’s> control, and Procter & Gamble makes no representations or warranties with respect to such Web sites. Procter & Gamble provides these links to you only as a convenience, and the inclusion of any link to such Web sites does not imply endorsement by Procter & Gamble of those Web sites. Procter & Gamble 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
Procter & Gamble is not responsible for content provided by others and is under no obligation to pre-screen content posted within a Community. Procter & Gamble, however, retains the right to refuse to post, redact or delete any content for any reason whatsoever. Notwithstanding this right, Procter & Gamble is not responsible for any failure or delay in removing material.
Compliance with DMCA
Communispace and Procter & Gamble comply with the provisions of the Digital Millennium Copyright Act (DMCA). The owner or the person entitled to enforce a copyright may notify Procter & Gamble of any violation of copyright in the Procter & Gamble Online Community by sending a notice containing the following information:
DMCA Designated Agent
290 Congress Street 7th floor
Boston, MA 02210
Fax: +1 617.316.4200
Please note that this procedure is solely for notifying Communispace and Procter & Gamble that copyrighted material has been infringed. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.
Your membership in and access to the Procter & Gamble Online Community is strictly at the discretion of Procter & Gamble and may be revoked at any time without cause and without notice. You hereby release Procter & Gamble from any and all liability that may arise in connection with your use of the Procter & Gamble Online Community.
Member Appreciation Rewards
Procter & Gamble is grateful that you have agreed to join our Online Community. In appreciation for sharing your opinions and perspectives, Procter & Gamble 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 Procter & Gamble with any information Procter & Gamble requires to meet its obligations in respect of tax reporting. Once issued to you, Procter & Gamble is not responsible for lost, stolen or damaged rewards. Procter & Gamble reserves the right, at any time and without advance notice, to suspend or cancel the rewards program.
Procter & Gamble does not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the Procter & Gamble Online Community, and reserves the right to remove any content from the community Web site that it deems inappropriate.
Procter & Gamble 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, Procter & Gamble 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. Procter & Gamble 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 Procter & Gamble) 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 Procter & Gamble 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. Procter & Gamble shall not be liable even if Procter & Gamble or an Procter & Gamble 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 Procter & Gamble and/or its agencies harmless from any claim or demand made by any third party against Procter & Gamble due or arising out of your participation in the Procter & Gamble Online Community and/or any breach by you of the provisions of this agreement.
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 Ohio, without reference to its conflicts of law principles. You agree to submit to jurisdiction in Ohio and further agree that any cause of action arising under this Agreement may be brought in a court in Hamilton County, Ohio , 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.