Web site for the personalization of the Dial’s Tone Skin Care
marketing campaign
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING
THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS ("TERMS"), DO NOT USE THIS WEBSITE.
Use of site
Personiva authorizes you to view and download the materials at this website
("Site") only for your personal, non-commercial use, provided that you retain
all copyright and other proprietary notices contained in the original materials
on any copies of the materials.
Disclaimers
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
We may make changes to the materials and services at this Site, or to the
products and prices described in them, at any time without notice. The products,
materials and services at this Site may be out of date, and we make no
commitment to update them on this Site. Information published at this Site may
refer to products, programs or services that are not available in your country.
Limitation of liability
IN NO EVENT WILL PERSONIVA, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED
AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR
SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR
SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Use of software
Any software used to deliver the services on this site is the copyrighted work
of Personiva and/or its suppliers. Use of the software is governed by the terms
of the end user license agreement, if any, which accompanies or is included with
the software ("License Agreement"). You may not download or install any Software
that is accompanied by or includes a License Agreement unless you have read and
accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF
THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE
AGREEMENT.
User submissions
We do not want to receive confidential or proprietary information from you
through this Site. Any material, information or other communication
("Communications") you transmit or post to this Site will be considered
non-confidential and non-proprietary. We will have no obligations with respect
to the Communications. We, and our designees will be free to copy, remove,
manipulate, 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. Personally
identifiable information that you submit on this site for the purpose of
receiving products or services will be handled in accordance with the site’s
online privacy statement.
You are prohibited from posting or transmitting to or from this Site:
- Content that is unlawful, threatening, libelous, defamatory, obscene,
pornographic, slanderous, offensive, or other material that would violate
any law;
- Content that is protected by copyright or we believe infringes on
intellectual property rights, including, but not limited to, any
commercially released film or television footage or professionally produced
images, unless used with the express permission of the copyright owner;
- Content which advertises or otherwise solicits funds or is a solicitation
for goods, services;
- Content that promotes illegal activity;
- Content that contains viruses or other technological devices designed to
harm or interrupt this website;
- Content that is harmful to minors;
- Content that otherwise violates or infringes the rights of others.
Although we may not monitor all user materials submitted, we reserve the
right periodically to monitor and review any and all user content.
You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that:
- You own or have the necessary licenses, rights, consents, and permissions
to use and authorize us to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service; and
- You have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User
Submissions. However, by submitting the User Submissions on this site, you
hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the User Submissions in connection with the Site and
services, including without limitation for promoting and redistributing part or
all of this Site (and derivative works thereof) in any media formats and through
any media channels. The foregoing license granted by you terminates once you
remove or delete a User Submission from this Website.
User communications
We may, but are 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 sharing communications, bulletin boards,
blogs or other user forums, and the content of any such Communications. We,
however, will have no liability related to the content of any such
Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. We retain the right to remove messages that
include any material deemed abusive, defamatory, obscene or otherwise
unacceptable.
Intellectual Property Rights
The content on this Site, except user submissions in accordance with the
guidelines below, including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like, and
the trademarks, service marks and logos contained therein, are owned by or
licensed to Personiva, subject to copyright and other intellectual property
rights under United States and foreign laws and international conventions.
Content on the Site is provided to you AS IS for your information and personal
use only and may not be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners.
Linking to this site
You may create links to this Site from other sites, but only in
accordance with the following terms of the Guidelines for
linking to this Website and in compliance with all applicable
laws:
- May link to but not replicate the content on this site
- Should not create a browser or border environment around this site’s content
- Should not imply that we are endorsing it or its products
- Should not misrepresent its relationship with us
- Should not present false information about our products or services
- Should not use the HP or Personiva logo without permission
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
General
Personiva administers this Site from its offices in San Francisco, California.
Personiva is a wholly owned division of Pictureal Corp., San Francisco,
California. Personiva makes no representation that materials or services at this
Site are appropriate or available for use outside the United States, and access
to them from territories where their contents are illegal is prohibited. If you
choose to access this Site from outside the United States, you do so on your own
initiative and are responsible for compliance with applicable local laws. These
Terms will be governed by and construed in accordance with the laws of the State
of California, without giving effect to any principles of conflicts of laws.
We 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.
Revised April 2007