This Terms and Conditions agreement ("Agreement" or "Terms and Conditions") governs your conduct, including any submissions you make, associated with the Consumer Ratings and Review Services provided by Claritin, Inc., including without limitation the posting, uploading, creating, and/or editing of content on various websites and/or web pages operated by or on behalf of Claritin, Inc.(collectively "Services"). The Services are offered, used and monitored by Claritin, Inc. and its subsidiaries, affiliates, assigns, successors, brands, licensors and/or agents (collectively, "Claritin") in their promotion of various consumer products owned and/or marketed by Claritin.
By submitting any text, photograph, video, music, audio/sound recording, artwork or other material or information (each a "Submission") to the Services, you agree to these Terms and Conditions.
You may not submit any Submission that includes or references any one or more of the following:
To make sure that the Services are used in the way we intend, we may edit, remove or refuse to post any Submission that we deem, in our sole discretion, to violate the content submission guidelines noted above or any other provision of any terms and conditions applicable to the Services or the applicable website(s). We may also utilize third parties to do this for us, either manually or automatically. As such, you agree to grant us all rights and permissions that may be required to make use of these editorial rights. Claritin shall have the right, but not the obligation, to remove or refuse to post any Submission within the Servicestool that it deems, in its sole discretion, to violate the content submission guidelines noted above or any other provision of this Agreement, or to take such action for any other reason it deems appropriate. Claritin does not guarantee that you will have any recourse through Claritin to edit or delete any Submission that you have submitted. You acknowledge that you, not Claritin, are responsible for the contents of any Submission(s). None of the Submissions that you submit shall be subject to any obligation of confidence on the part of Claritin and/or its third party service providers and agents or their respective directors, officers and employees.
REPRESENTATIONS AND WARRANTIES
By submitting a Submission, you represent and warrant to Claritin that:
You understand that Claritin is relying upon the foregoing representations and warranties in permitting you to submit a Submission.
RELEASE AND GRANT OF RIGHTS
For the good and valuable consideration of having your Submission(s) considered for use by Claritin in the Services and/or as otherwise detailed hereunder, sufficiency of which you hereby acknowledge, you hereby grant to Claritin a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, sell, 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 or otherwise invented, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, and including the unfettered right to sublicense such rights, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also hereby grant to Claritin an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable 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, and including the unfettered right to sublicense such rights, without any further notice or payment to or permission needed from you (except where prohibited by law).
Without limitation of the foregoing, submission of a Submission constitutes your agreement that Merck Consumer Care is permitted (but is not obligated) to display the Communication online for public viewing and/or comment (whether on Merck Consumer Cares web pages or on third party web pages), to incorporate the Communication in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt and distribute the Communication in all media whether now known or later developed. Notwithstanding the foregoing, Claritin will have no obligation to use any Communication(s).You also agree to waive any applicable moral rights to Your Personal Content as contained in your Submission(s) for such identified uses.
You understand that Claritin is relying upon the foregoing representations and warranties, grants of rights and licenses, and releases in permitting you to submit a Submission.
You acknowledge and agree that you may not terminate or rescind the grants of rights and licenses and/or the releases contained herein.
By submitting a Submission, you hereby agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Claritin and each of its respective officers, directors, agents 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 Submission, including without limitation the use of any such Submission by any of the entities comprising Claritin, 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 limitation of 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 Claritin's rights as provided herein.
Sponsor contracts with a third party social commerce company and/or other third party agents to collect and manage the product rating and review process on our website. This includes any information you submit directly on the product rating form and also any social commerce information needed to capture website visitor activity. For more information about our online privacy practices, click here: http://www.merck.com/about/how-we-operate/privacy/internet-privacy-policy.html. For more information about our vendor's privacy practices, click here: http://www.bazaarvoice.com/consumer-privacy-policy. By agreeing to these Terms and Conditions you affirmatively agree to allow our agents to manage the information you submit, and to publish any or all of it including, for example, your screen name, review and product rating, on the Coppertone website or in other advertisements, communications and publications. You must agree to this condition in order to post your rating to our website. Once posted to our website, we will use the information you submit subject to the applicable privacy policies and these Terms and Conditions.
For further information about our privacy practices, please contact the Merck Privacy Office at:
Merck Privacy Office
Merck & Co., Inc.
One Merck Drive
Merck Privacy Office
Or in the U.S. call:
These Terms and Conditions shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of New Jersey, U.S.A., without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to these Terms and Conditions shall be resolved exclusively in the state or federal courts within the jurisdiction of the United States District Court for the District of New Jersey .You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. If any provision of these Terms and Conditions 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 herein. These Terms and Conditions sets forth the entire agreement of the parties with respect to the subject matter hereof, may not be changed except by an instrument in writing signed by both parties and supersedes any and all prior agreements between the parties.
If you do not agree with the content of these Terms and Conditions and/or do not want your Submission considered for any of Claritin's and its brands' promotional purposes, including but not limited to online and offline advertising materials related to Claritin and any one or more of its brands, then do not submit the Submission.