HUGGIES® MEMBER OFFICIAL TERMS AND CONDITIONS
Last updated: June 5, 2013
HUGGIES® BRAND MEDIA SHARING SPACE (Available on HUGGIES.com Website only)
1. GENERAL WEBSITE TERMS: All terms and conditions of the Huggies® Brand website are incorporated herein by reference.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY : You will receive a password and account designation upon completing the Media Space Service's
registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for
all activities that occur under your password or account. You agree to (a) immediately notify Sponsor of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sponsor cannot and will
not be liable for any loss or damage arising from your failure to comply with this Section.
3. MEMBER CONDUCT : You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags,
or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not
Sponsor are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Media Space Services.
Sponsor does not control the Content posted via the Media Space Services and, as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Media Space Services, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Media Space be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the
Media Space Services. You agree to not use the Media Space Services to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Media Space official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Media Space Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Media Space Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Media Space Services or servers or networks connected to the Media Space Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Media Space Services, including using any device, software or routine to bypass our robot exclusion headers;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You understand that the Media Space Services and software embodied within the Media Space Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Media Space and/or content providers who provide content to the Media Space Services. You may not attempt to override or circumvent any of the usage rules embedded into the Media Space Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Media Space Services, in whole or in part, is strictly prohibited.
4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE : Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Media Space Services and transfer, posting and uploading of software, technology, and other technical data via the Media Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Media Space Services to parties identified on such lists; (b) agree not to use the Media Space Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Media Space Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
5. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Sponsor may establish at its sole discretion general practices and limits concerning use of the Media SpaceServices, including without limitation the maximum number of days that uploaded Content will be retained by the Media Space Services, the maximum disk space that will be allotted on Sponsor's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Media Space Services in a given period of time. All User Generated Content will be deleted at the end of the initial trial period of the Media Space Services. You agree that Sponsor has no responsibility or liability for the deletion of the Content at any time, or failure to store any Content maintained or transmitted by the Media Space Services. You acknowledge that Sponsor reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Sponsor reserves the right to modify these general practices and limits from time to time.
Sponsor does not guarantee that you will have any recourse through Sponsor to edit or delete any Content you have submitted. Sponsor reserves the right to remove or to refuse to post any Content for any reason at its sole discretion. You acknowledge that you, not Sponsor, are responsible for the Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Sponsor, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
6. WHAT CAN I USE MY POINTS FOR?
GENERAL WEBSITE TERMS
1. ELIGIBILITY: To become a member of the Website, you must be either a legal residents of the fifty (50) United States, District of Columbia or Puerto Rico who is 18 years of age or older at the time of registration and have the capacity to enter into a binding contract, or a legal residents of Canada who has reached the legal age of majority in your Province/Territory of residence at the time of registration and have the capacity to enter into a binding contract. Void where prohibited.
2. Sponsor reserves the right to revise any of these Official Terms and Conditions at any time by updating this posting. These revisions may be made at any time, without notice. By continuing to participate in any part of the Website following the posting of any such change, you are deemed to have agreed to the amended version of these Official Terms and Conditions and are bound by any such revisions and should therefore periodically visit this Website to review the then current Official Terms and Conditions to which you are bound. Any failure to comply with these Official Terms and Conditions, or any attempt to act in a way that is inconsistent with the intent of these Official Terms and Conditions, or any conduct detrimental to Sponsor, or any misrepresentation, or any fraudulent activities in connection with this Website, or failure to act in a manner consistent with federal, state, provincial or local laws, regulations or ordinances by you may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of your membership as determined by Sponsor or its authorized agents, in their sole discretion.
3. Notwithstanding the above, should Sponsor decide to discontinue the Website, notice will be given to users (as determined in Sponsor's discretion).
4. LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by Releases for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectively or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any email or telephone transmissions to be sent to or received; lost, late, delayed, garbled, damaged, misdirected, undelivered or intercepted email; inaccessibility of the Website or phone system in whole or in part for any reason; traffic congestion on the Internet or Website or phone lines; unauthorized human or non-human intervention of the operation of the Website, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Website or data thereof, including, without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of any portion of the Website. Releases are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Website, or use of or download of any information from the Website. Use of the Website is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
5. CONDITIONS ON USER PARTICIPATION: By participating, all participants signify their agreement to be bound by these Official Terms and Conditions, (and any Official Promotion Rules which may appear on the Website from time to time), and the decisions of Sponsor and its authorized agents whose decisions in all aspects shall be final and binding. Sponsor and its authorized agents may, at their sole discretion, disqualify any individual from participating in any aspect of the Website, and/or may cancel, suspend or block any account registered by such person if Sponsor and its authorized agents deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Website; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (f) engaging in any activity deemed in sole discretion of Sponsor and its authorized agents to be generally inconsistent with the intended operation of the Website.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AUTHORIZED AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
6. RELEASE OF LIABILITY: BY PARTICIPATING, ALL PARTICIPANTS, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS, AGREE TO RELEASE SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ADVERTISING AND PROMOTION AGENCIES, SUPPLIERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE "RELEASEES"), FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, PREPARING FOR, PARTICIPATING IN OR TRAVELING TO AND/OR FROM ANY ITEM/PRIZE OR RELATED ACTIVITY, OR THE RECEIPT, OWNERSHIP OR USE OF ANY ITEM/PRIZE (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE WEBSITE (INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THE WEBSITE, ANY TYPOGRAPHICAL, PRINTING, MECHANICAL, NETWORK, ELECTRONIC, HUMAN OR OTHER ERRORS, ERRORS THAT MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF ANY COMPONENT OF THE WEBSITE, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON THE WEBSITE); OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF ANY COMPONENT OF THE WEBSITE BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR REGISTRATION INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFY AND HOLD RELEASEES HARMLESS FROM AND AGAINST, ANY ACTIONS TAKEN BY ANY USER AUTHORIZED TO USE YOUR MEMBER ACCOUNT, INCLUDING, BUT NOT LIMITED TO, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. PARTICIPANTS AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
7. In the event of any conflict between any details contained in these Official Terms and Conditions and details contained in other materials, the details of the Website as set forth in these Official Terms and Conditions shall prevail.
8. If any provision of these Official Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Website or its interactive components, shall be governed by, and construed in accordance with, the substantive laws of the State of Wisconsin without regard to Wisconsin conflicts of laws principles. All participants consent to the jurisdiction and venue of the State of Wisconsin.
10. NO WAIVER: Sponsor's failure to exercise or enforce any right or provision of these Official Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
11. CAPTIONS: The headings in these Official Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Official Terms and Conditions.
13. Complete Agreement: These Official Terms and Conditions, together with those items made a part of these Official Terms and Conditions by reference, make up the entire agreement between Sponsor and the Website members, and replaces any prior understandings or agreements (whether oral or written) regarding the Website or its interactive components. If a court finds any of these terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other terms.