Goodnites® Legal Statement-to
IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE. Your use of this Site and the information available on this Site is subject to the following terms and conditions:
This site is owned, operated and maintained by KIMBERLY-CLARK CORPORATION ("Kimberly-Clark") and has been created for your information, education, entertainment and communication. This site and all perceptible components hereof, including without limitation text, software, scripts, graphics, photos, sounds, music, videos, and interactive features are copyrighted by Kimberly-Clark.
Restrictions on Use
This Site is available only for your personal, non-commercial use. You may not copy, reproduce, republish, post, distribute, transmit or modify in any way all or any part of this Site. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Legal Statement, and to abide by and comply with this Legal Statement. In any case, you affirm that you are over the age of 13, as this Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Goodnites.com Site.
All names, logos and trademarks are the property of Kimberly-Clark and you may not use any of such materials for any purpose without the express written agreement of Kimberly-Clark.
Your Product Ideas
Kimberly-Clark is eager to receive your comments and answer your questions about our products and our company. If you have an idea for one our products or for a new product, we can only accept those ideas within limited, structured programs that we have established (for example, the HUGGIES MOMINSPIRED grant program). This is for your protection and for ours. By accepting external ideas only through structured programs, we hope to avoid misunderstanding about the origin of ideas between you and Kimberly-Clark.
Disclosure and Use of Your Communications
Postings to this site and electronic mail delivered to Kimberly-Clark are not confidential and Kimberly-Clark shall not be liable for any use or disclosure thereof. All communications and any attached files you send to this site or to Kimberly-Clark by electronic mail may be used by Kimberly-Clark for any purpose whatsoever, commercial or otherwise, without compensation.
Kimberly-Clark hereby grants you permission to use this Site as set forth in this Legal Statement, provided that your use of this Site is solely for your personal, noncommercial use. You may not copy or distribute any part of this Site in any medium without Kimberly-Clark's prior written authorization. In addition, you may not alter or modify any part of this Site other than as may be reasonably necessary to use this Site for its intended purpose.
Content Submitted to this Site
By submitting content to and through this Site, you are responsible for the following: (1) you are at least 13 years old; (2) you are the owner of the content; (3) the content is truthful and accurate; (4) the content will not cause injury to any person or entity; (5) the content does not infringe someone else’s copyright, trademark, proprietary rights or rights of publicity and privacy; (6) the content does not violate a law, statute, ordinance or regulation; (7) the content would not reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive or harassing to another party; (8) you were not paid to submit the content; (9) the content does not contain references to other websites, email addresses, contact information or phone numbers; (10) if the content contains the likeness or name of an identifiable person, you have that person’s permission to include their likeness/name in the content you are submitting; and (11) the content does not contain computer viruses, worms or other potentially damaging programs or files.
For any content that you submit, you grant Kimberly-Clark a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You also hereby grant each user of the Site a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Site as provided for in this Legal Statement.
All content that you submit may be used at Kimberly-Clark's sole discretion. Kimberly-Clark reserves the right to change, condense or delete any content on this website that Kimberly-Clark deems, in its sole discretion, to violate the content guidelines or any other provision of this Legal Statement. Kimberly-Clark does not guarantee that you will have any recourse through Kimberly-Clark to edit or delete any content you have submitted. Product ratings and written comments are generally posted within two to four business days. However, Kimberly-Clark reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Kimberly-Clark, are responsible for the contents of your submission.
Creating a User Profile
In order to access some features of this Site, you may have to create a user profile. You may never use another's user profile without permission. When creating your user profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user profile, and you must keep your user profile password secure. You must notify us immediately of any breach of security or unauthorized use of your user profile. Although Kimberly-Clark will not be liable for your losses caused by any unauthorized use of your user profile, you may be liable for the losses of Kimberly-Clark or others due to such unauthorized use.
Claims of Copyright Infringement
Kimberly-Clark does not permit copyright infringing activities and infringement of intellectual property rights on this Site and will remove content if properly notified that such content infringes another's intellectual property rights. Kimberly-Clark reserves the right to remove content without prior notice. We will also terminate your access to this Site, if you are determined to be a repeat infringer. A repeat infringer is someone who has been notified of infringing activity more than twice and/or has had submitted content removed from this Site more than twice. Kimberly-Clark also reserves the right to decide whether the content is appropriate and complies with this Legal Statement for violations other than copyright infringement, including but not limited to pornography, obscene or defamatory material, or excessive length. Kimberly-Clark may remove such content and/or terminate your access for uploading such material in violation of this Legal Statement at any time, without prior notice and at its sole discretion. If you believe that your content has been copied in a way that constitutes copyright infringement, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(2) by providing our Copyright Agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) an identification or description of the copyrighted work that you claim has been infringed; (3) an identification or description of where the material that you claim is infringing is located on this Site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please contact us to contact K-C's Copyright Agent for Notice of claims of copyright infringement on the Site.
The products referred to in this Site are available in the United States and Canada and may not be available in your country. This Site is controlled and operated by Kimberly-Clark from the United States and Kimberly-Clark makes no representation that the information and materials in this Site, including without limitation the information, performance claims and other materials promoting the products identified herein, are applicable or available for use in other countries. Also, some software from this Site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
DISCLAIMER OF WARRANTIES
KIMBERLY-CLARK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (E.G. TEXT AND IMAGES) OF THIS SITE. TO THE EXTENT PERMISSIBLE BY LAW, KIMBERLY-CLARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, KIMBERLY-CLARK DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF COMPUTER "VIRUSES."
Limitation of Liability
Kimberly-Clark will not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the content hereof. In addition, Kimberly-Clark has no duty to update this Site or the content hereof and Kimberly-Clark will not be liable for any failure to update such information. Further, Kimberly-Clark is neither responsible nor liable for your use of other web sites which you may access via certain links within this Site. These links and other "resources" referenced on this Site are provided merely as a public service to users of the World Wide Web and inclusion in our Site does not constitute an endorsement by or affiliation with Kimberly-Clark.
Purpose of this Site
The contents of this Site are for informational purposes only, and are not intended as medical advice. For medical care and advice, you should consult your physician or health care provider on a regular basis. If you have any problem which concerns you, consult your physician immediately.
Changes to Legal Statement and Monitoring of Content
Kimberly-Clark reserves the right at its discretion to change, modify, add or remove portions of this Legal Statement at any time. Please check the Legal Statement periodically for changes. Your continued use of this Site following the posting of changes to the Legal Statement, including the Privacy Notice at www.goodnites.com will mean you accept those changes.A COPY OF THIS LEGAL STATEMENT MAY BE DOWNLOADED, STORED OR PRINTED
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