Tom's of Maine Submission Agreement
1. Acceptance of Terms
Tom's of Maine, Inc. (referred to as "Tom's," "we," "us," or "our") may change, modify, add to or remove portions of the Terms from time to time. Please check the Terms periodically for changes. Your continued use of the Site following the posting of changes to the Terms will mean you accept those changes.
The Site periodically permits or invites you and other users to post, upload, input, submit or share ("Submit") videos, photos and other communications and content related to issues or topics of interest to Tom's and the Tom's community ("Submissions"). You understand that no compensation will be paid with respect to any Submissions or our use of the Submissions and nothing obligates Tom's to publish or use any Submission you provide to us. We may also remove any Submission at any time in our discretion.
You further understand that whether or not a Submission is published, we do not guarantee that any Submission will be treated as confidential. If a Submission is published by us, you understand that the Submissions are considered non-confidential and non-proprietary communications, and therefore others may view, copy, modify or redistribute your Submission without your knowledge. Submissions will not be acknowledged or returned. Submissions may be published by Tom's if deemed appropriate by Tom's in its sole discretion.
You shall be solely responsible for your own Submissions and the consequences of Submitting them and our publication of them. In connection with your Submissions, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use the Submissions and all patent rights, trademark rights, trade secret rights, copyrights, intellectual property rights and other proprietary rights embodied therein or related thereto and to grant the rights granted herein. You also represent and warrant that you have the written consent, release, and/or permission of each and every identifiable individual person appearing in any Submission or his/her parent or guardian to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by the Site and these Terms.
In connection with the Submissions, you further agree that you will not Submit material protected by any third party intellectual property or proprietary rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from their rightful owner to Submit the Submission and to grant all of the license rights granted herein. For example, Submissions must not include: (a) trademarks owned by third parties, including consumer brands or brand names; (b) copyrighted materials owned by others (including dialogue or clips from existing movies, musical compositions, and sound recordings, stock images); (c) names, likenesses, voices, or other indicia identifying celebrities and other public figures, living or dead; or (d) look-alikes or sound-alikes of celebrities or other public figures, living or dead.
You also agree that you will not Submit misrepresentations that could damage Tom's or any third party, Submit materials that are unlawful, obscene, defamatory, libelous, threatening, pornographic, offensive, or that encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
3. Ownership Rights/License to Use Submissions
We do not claim ownership of your Submissions; you retain all of your ownership rights in your Submissions. However, by Submitting the Submissions to us, you hereby grant to Tom's, its affiliated companies and sublicensees, a worldwide, non-exclusive, fully paid up, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Site and our (and our successor's) business, including without limitation for advertising, promoting and redistributing part or all of the Submissions (and derivative works thereof) in any media formats and through any media channels.
4. Your Liability/Disclaimer of Tom's Liability
We do not endorse any Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Submissions. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold harmless Tom's, its affiliates, and sublicensees and their respective employees, agents, and directors for any action, claim, or allegation brought by any person as a result of your Submission, including but not limited to any claims that the Submission violates the intellectual property or proprietary rights of a third party, defames or otherwise violates the rights of such party.
You hereby release and forever discharge Tom's from any and all causes of action, whatsoever, in law and in equity including any right or claim to any proceeds or sums of monies generated or received by Tom's by reason of the use, sale or dissemination of your Submissions herein.
You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tom's with respect thereto.
5. Unsolicited Submissions
We do not accept, review or evaluate any unsolicited ideas, materials or proposals, including without limitation marketing, advertising or promotional strategies, product suggestions, product names, inventions, technologies, processes or methodologies. Please do not send any such unsolicited ideas to Tom's or any of its affiliated companies or their respective employees. If you send such ideas to us, whether via this Site or otherwise, we make no promises that your ideas will be treated as confidential or proprietary. The purpose of this paragraph is to avoid potential conflict if any Tom's products or services appear to be similar to ideas submitted to Tom's.
If any provision of this Agreement is found to be illegal or unenforceable, such provision will be deemed to be deleted or narrowly construed to such extent as is necessary to make it enforceable, and this Agreement will otherwise remain in full force and effect.