Last Updated: July 1, 2021
The Web Sites, Mobile Applications and Devices for Lumi by Pampers (collectively, the "Services,” or “Service”) operated by The Procter & Gamble Company or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents ("P&G," "Procter & Gamble" or “we”) is governed by the terms, conditions and notices contained herein (collectively, “Terms”). In addition, particular features and activities offered through the Services (such as promotions and chat rooms) may also be subject to additional terms outlined therein ("Additional Terms"), all of which are incorporated herein by reference. If any of the Terms contained herein conflict with the Additional Terms, then the Additional Terms control.
PLEASE NOTE THAT THESE TERMS MAY REQUIRE YOU TO SUBMIT DISPUTES TO ARBITRATION AND REQUIRE THAT DISPUTES BE RESOLVED ONLY IN A FORUM IN HAMILTON COUNTY, OHIO. Please review the Applicable Laws and Disputes section of these Terms for complete details.
The Lumi by Pampers Service is where the Smart Sleep System comes together. In addition to information from the Smart Sleep Sensor and Smar Baby Monitor, you can also manually add feedings and milestones into the mobile application. The Service provides an overview of your baby’s activity and patterns simply to help you establish a routine that works for your baby.
Your participation is completely voluntary. You represent and warrant that all information you submit is truthful and accurate. You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and have the capacity to enter into a binding contract. Your use of the Service shall not violate any applicable local, state, federal, or international laws or regulations. The Service is only available to individuals who are legal residents of the fifty (50) United States and the District of Columbia.
The Service may collect information you provide when you download and register. The Service may collect certain information automatically. This information includes but is not limited to the type of mobile device you use, the IP address of your mobile device, your mobile operating system, and information about how you use the Services.
Personal Use of Service
Unless otherwise specified, the Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on or through the Service (“Content”), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations of the Service relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use, or to place an order with us. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.
You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use or to place an order with us.
You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or use or access to the Service, including without limitation any “scraping” or using any robot, spider or other automated means. Running or displaying this Service or any information or material displayed on this Site in frames, via “in-line” linking or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Service must comply with all applicable laws, rule and regulations. You may not use any meta tags or other “hidden text” utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Service, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service; or (c) bypass any measures we may use to prevent or restrict access to the Services.
These Terms govern your conduct, your rights, and P&G’s rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you make associated with the Service (“Submission”). When you submit a Submission, you agree to the following:
- your Submission is original, accurate, created by you, and not an impersonation;
- you are currently a bona fide user of the P&G product(s) mentioned in your Submission and your Submission reflects your true and honest opinion of and current experience with the P&G products(s);
- you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
- you are not an employee of P&G nor do you work for an affiliate or agency of P&G hired by P&G to promote and/or sell P&G products; OR, if you are employee of P&G or work for an affiliate or agency of P&G hired by P&G to promote and/or sell P&G products, you agree to include a clear and conspicuous disclosure of your relationship with P&G in your Submission;
- your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for P&G or any third party;
- your Submission is made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission is also made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for P&G promotional purposes. Or, if you did receive a benefit, you clearly disclose the details of the benefit in your Submission;
- your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
- your Submission does not contain content which infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
- your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- your Submission does not contain content or materials intended to create disruption or to mislead others, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the forum’s designated topic or theme;
- your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with P&G;
- your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
- P&G's use of your Submission does not violate these Terms and will not cause injury to any person or entity.
If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, Additional Terms may apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available through the Services are those of the respective author(s) or distributor(s) and not of P&G. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.
By submitting a Submission, you grant each of the following to P&G:
- a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on P&G's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
- an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license 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, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on P&G's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, P&G and each of its respective officers, directors 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 use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting 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 Content embodied in such Submission or the exploitation of any of the P&G's rights as noted above.
You understand that P&G is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms.
P&G does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you, not P&G, are responsible for the contents of any Submission(s).
Code of Conduct
By accessing or using the Service or any other feature provided through the Service, including but not limited to, when submitting a Submission, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
- Use the Service in breach of these Terms;
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or use or access to the Service;
- Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
- Impersonate another person or entity;
- Promote, solicit, or participate in any multilevel marketing or pyramid schemes;
- Solicit personal information from or exploit any individual under eighteen (18) years of age;
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
- Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Service;
- Gain unauthorized access to any computer system or nonpublic portion of the Service or interfere with or disrupt the Service, servers, or networks connected to the Service;
- Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Service’s users;
- Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
P&G cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
The Service may offer features and services that are available to you via your mobile phone. These features and services may include, without limitation, the ability to browse Web Sites from your mobile device, upload content to the Service, receive messages from the Service, download applications to your mobile phone or access Service features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Mobile Features. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Features available. You shall provide all equipment and software necessary to connect to the Mobile Features, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Service.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding P&G or other parties. As applicable, instructions on how to opt-out of certain Mobile Features will be disclosed in connection with those Mobile Features. The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature. Further, we may collect information related to your use of the Mobile Features.
The Mobile Features can be downloaded on certain mobile devices using those devices’ respective application portals. Supported devices include the following:
iPhone 6, 6 Plus, 6S, 6S Plus, 7, 7 Plus, 8, 8 Plus, X, XS, XS Max, XR, 11, 11 Pro, 11 Pro Max
Galaxy Note 9, Galaxy Note 8, Galaxy S9+, Galaxy S8+, Galaxy S8, Galaxy S7, Galaxy S6 Edge, Galaxy A3 2017, Galaxy Note 5, Galaxy S9, Galaxy S7 Edge, Galaxy S6, Galaxy J5, Galaxy On5, Galaxy A5 2017, Galaxy S6 Active, Galaxy S10
Pixel 3, Pixel 3 XL, Pixel 2, Pixel 2 XL, Pixel, Pixel XL
OneTouch Idol 3, Idol 5S
One A9, One M9
Nexus 5X, Stylo 2, LG K8 V, X Style, X Power
Moto G4 Play, Moto G5, Moto G4, Moto G5S, Moto X4
OnePlus 5T, OnePlus 6, OnePlus X, OnePlus 6T
Xperia XZ Premium, Xperia Z3
Redmi 5A, MI A1, Redmi Note 5
Blade X Max, Blade Spark Z971
P&G will not be liable for any delays in the receipt of any Submissions, as delivery is subject to effective transmission from your network operator.
P&G does not warrant that the functions or features of the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. P&G does not make any representations or warranties regarding the use of the Service in terms of its correctness, accuracy, reliability, or otherwise. Interruptions of the Service will occur from time-to-time for many reasons, such as outages and/or periodic maintenance performed. You understand and agree that the usage of the Service is at your own discretion and risk. You will be solely responsible for any damages or loss of data that results from such use.
We may from time to time develop patches, bug fixes, updates, upgrades and other modifications to the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service and you agree to promptly install any Updates we provide. Your continued use of the Service is your agreement to these Terms with respect to the Service.
The Services may contain or be distributed with open source software which may be covered by a different license. You agree that all open source software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms.
The Services are capable of displaying photographs from your device. By enabling the photos feature of the mobile application, you hereby expressly authorize P&G and the app to access your device’s photos to display in the app. If you decline permission for the app to access your photos, then the app will not be able to display your photos to you. The app does not transfer your photos off of your device.
Other Image, Video and Audio
The Services allow you to capture images, video and audio recordings through the connected devices. Video clips can be recorded and stored when motion is detected by the camera. When you use these features, we may process the data to provide and improve our products and services. You give us all permissions we need with these recordings to copy, modify, generate clips and use information about your recordings to organize them on your behalf and to provide technical support. You have the ability to turn on/off the camera and the microphone within the mobile application.
The Services use technologies to record and compile your location, either through IP addresses, other location technologies, or through you entering your location. By downloading, using, or registering any aspect of the mobile application and devices, you hereby expressly authorize P&G to allow your devices to be located, and these locations to be recorded, compiled, stored, and displayed. You do not have to enable the location option. If you do not turn it on, P&G will not calculate or record your location information.
The Services can send you push notifications to remind you of various events. By using the Services, you agree to receive these push notifications. These can be configured in Settings of the mobile application.
The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). Even if the third party is affiliated with P&G, P&G has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of P&G. P&G has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such External Sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that P&G sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
If you determine to share any information about any P&G products through a social network platform, including through links provided by P&G through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by P&G, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. You expressly acknowledge and agree that we in no way are responsible or liable for any such External Sites or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third party services and such services may interact with, connect to or gather and/or pull information from and to your Service profile. By using such services, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to information about your profile in the Service being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.
Lumi by Pampers Store Policy
The Service may offer you the opportunity to purchase products and manage purchases. The Lumi by Pampers Store Policy applies to your use of the Service for residents of the 50 states of the United States of America and the District of Columbia to purchase products and manage purchases. By using the Service, you agree to the Store Policy where applicable.
Contents of the Service – Disclaimer
The materials in the Service (including any graphics, software, recommendations or other materials) and any materials made available through the Service are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, P&G disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. P&G does not warrant or make any representations regarding the use or the results of the use of the materials in the Service in terms of its correctness, accuracy, reliability, or otherwise. The materials in the Service could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. P&G undertakes no obligation to verify or maintain the accuracy of such information. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Operation of the Service – Disclaimer
P&G endeavors to maintain the Service and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Service or its operation. As to the operation of the Service, P&G expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. P&G makes no warranty that (i) the operation of the Service will meet the user’s requirements; (ii) access to the Service 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 Service will be accurate or reliable; or (iv) defects will be corrected. You (and not P&G) 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 using the Service. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL DOCUMENTATION, MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THE SERVICES OR LINKED FROM THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND P&G AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS (INCLUDING, FOR CLARITY, LOGITECH EUROPE S.A. AND VERILY LIFE SCIENCES LLC) (HEREINAFTER COLLECTIVELY REFERRED TO AS “SUPPLIERS”) HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
P&G, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, P&G AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO THE SERVICES OR ANY INFORMATION, POSTINGS, OPINIONS, OR SERVICES LINKED FROM THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES.
P&G, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DOES NOT WARRANT THAT THE SERVICES WILL CURE, TREAT, PREVENT ANY DISEASE OR HEALTH CONDITION, NOR PROTECT AGAINST INTRUSION, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY OR LOSS OF LIFE OR INCREASE ANY LEVEL OF SAFETY.
P&G, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DOES NOT MONITOR OR EDIT ANY DATA YOU PROVIDE THROUGH THE SERVICES (INCLUDING VIDEO CONTENT) RECEIVED OR TRANSMITTED BY YOU THROUGH THE SERVICES, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT DATA OR CONTENT REGARDLESS IF SUCH CONTENT IS TRANSMITTED TO OR BY YOU IN BREACH OF THE TERMS.
P&G, ON BEHALF OF ITSELF AND ITS SUPPLIERS, MAKES NO WARRANTY WITH RESPECT TO THE DATA OR CONTENT RECEIVED BY YOU THROUGH THE SERVICES.
AS USED IN THESE WARRANTY DISCLAIMERS, P&G AND ITS SUPPLIERS INCLUDES ITS AND THEIR AFFILIATES, AND ITS AND THEIR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. NO ORAL OR WRITTEN INFORMATION RECEIVED BY P&G, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THESE DISCLAIMERS.
Limitation of Liability
IN NO EVENT SHALL P&G BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF P&G HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If the foregoing limitation of liability is held to be unenforceable, the maximum liability to you shall not exceed the amount paid by you for the Service. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Terms. If the law applies to you and your use of the Service does not permit the waiver by you of any rights or remedies, these Terms do not require you to waive any of such rights.
You agree to indemnify, defend, and hold harmless P&G, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages (actual and consequential) and costs, including reasonable attorneys' fees, resulting from any violation by you of the Terms, your use of the Service (including negligent or wrongful conduct) and/or the use of the Service by any other person using your user account.
Applicable Law and Disputes
To the extent permitted by law, the Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Ohio, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of P&G products via the Service) shall be resolved exclusively in the state or federal courts located in Hamilton County, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
The foregoing notwithstanding, you agree that P&G, at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to the Terms or the Site exclusively to final and binding arbitration taking place in Cincinnati, Ohio under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Ohio, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Service (including the purchase of P&G products via the Service) must be commenced within one (1) year after the claim or cause of action arises.
Geographic Scope of Service and Product Claims
P&G controls and operates the Service from within the United States of America. Each claim or statement about the effectiveness of P&G products and/or each claim or statement comparing the effectiveness of P&G products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed in the Service. Unless otherwise specified in or by the Service, the Services are intended to promote only those P&G products that are sold by P&G in the United States and its territories, and P&G makes no representation that materials in the Service or the products described therein are appropriate or available for use in other locations.
P&G makes no representation that the contents of any Service are appropriate or available for use in locations outside of the State of Ohio. Access to the Service from territories where their content is illegal is prohibited. Those who choose to use the Service from locations outside Ohio do so at their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
Copyrights and Trademarks
The entire Content included in this Service, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of P&G. The collective work includes works that are licensed to P&G. Copyright 2000—2016. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to P&G, or other respective owners that have granted P&G the right and license to use such Marks.
If you download software from the Service, the software and all files, images and data relating to the software (collectively, “Software”) will be licensed to you by P&G. You do not own the downloaded software, and P&G does not transfer ownership of the Software to you. P&G retains full ownership of, and title to, the downloaded Software and all intellectual property rights related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded from the Site is subject to United States export control laws. If you download Software from the Service, you represent and warrant to P&G that you are not acting in violation of those laws.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
P&G respects the intellectual property of others, and we ask you to do the same. P&G will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, P&G will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide P&G the following information. Please be advised that to be effective, your notice must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located in the Service;
- your address, telephone number, and email address and all other information reasonably sufficient to permit P&G to contact you;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
|By Mail:||The Procter & Gamble Company
One Procter & Gamble Plaza
Cincinnati, OH 45202
(Please include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PROCTER & GAMBLE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Modification of Terms
From time to time, P&G may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Service following the posting of changes to the Terms indicates your acceptance of those revisions.
Violations of Terms
In addition to any legal remedies that P&G may have for your violation of these Terms, your failure to follow these Terms, whether listed in these Terms or communicated on or through the Service, may result in suspension or termination of your access to the Service without notice.
No failure on the part of P&G to enforce any part of the Terms shall constitute a waiver of any of P&G’s rights under the Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by P&G nor the reliance of any person on P&G’s actions shall be deemed to constitute a waiver of any part of the Terms. Only a specific, written waiver signed by an authorized representative of P&G shall have any legal effect whatsoever.
Relationship of the Parties
The contributions provided by you are not to be considered as representative of the views of P&G or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and P&G.
When you use the Service or send e-mails to us, you are communicating with us electronically. We may in our discretion communicate with you electronically, including but not limited to, by posting notices through the Service or by responding to your e-mail. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The paragraph headings in these Terms are only for convenience and have no legal effect.
If any section or sections of these Terms are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining sections.
If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please contact us as follows:
The Procter & Gamble Company
One Procter & Gamble Plaza
Cincinnati, Ohio 45202
Please go to www.pg.com and click the “Contact Us” link at the bottom of the page.
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