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These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Mary Kay Inc. (“Mary Kay” or the "CRR Service").
By submitting any Content (defined below) to Mary Kay through or in connection the use of the CRR service, you guarantee that:
You are the sole author and owner of the intellectual property rights in the Content or have all the rights, power and authority necessary to grant the rights granted to Mary Kay herein to any Content that you submit;
To the extent that your Content incorporates any third party Content, you have received all necessary and appropriate permissions, license, authorizations, and the like to submit the Content to Mary Kay and to grant Mary Kay the rights to use such Content for any purpose whatsoever on royalty-free basis and without compensation to you or others.
All "moral rights" that you may have in such Content have been voluntarily waived by you;
All Content that you post is accurate and does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
You are at least 14 years old;
Use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
Mary Kay’s use of your Content does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or otherwise place Mary Kay in breach of any applicable law;
You further agree that you may not submit any Content:
That is known by you to be false, inaccurate or misleading;
That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
For which you were compensated or granted any consideration by any third party;
That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
That contains any computer viruses, worms or other potentially damaging computer programs or files.
For purposes of this Agreement: (1) the term “Content” means and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, graphics, icons, downloads, interfaces, software, scripts, executable files, source code, and interactive features, as well as the selection and arrangement, and any of which may be generated, provided, or otherwise made accessible on or through the CRR Services; (2) the term “User Generated Content” or “UGC” means Content, as well as name, social media handle, image, voice and likeness rights, that a user submits, transfers, links, posts, tags, uploads, or otherwise provides or makes available to the CRR Services. Content includes, without limitation, all UGC.
When you submit, transfer, link, post, tag, upload, or otherwise provide or make available UGC to Mary Kay through the CRR Services, you grant Mary Kay an unrestricted, nonexclusive, fully paid and royalty-free, perpetual, irrevocable and fully sub-licensable worldwide right and license to use, reproduce, modify, delete, adapt, publish, translate, create derivative works from, distribute, display, perform, host, store, cache, transmit, and copyright such UGC throughout the world in any media, now known or later created or developed, for any lawful purpose, including commercial, advertising, and promotional purposes. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding UGC that you may have under any applicable law under any legal theory. Mary Kay is under no obligation to use the UGC or information submitted. Additionally, when you provide UGC through the CRR Service, you specifically agree that Mary Kay is free to use for any purpose whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any UGC you provide. Any such use is royalty-free and without compensation to you or others.
You also acknowledge and agree that Mary Kay reserves the right (but has no obligation) to do any or all of the following, in its sole discretion: (i) monitor UGC; (ii) alter, remove, or refuse to post or allow to be posted any UGC; and/or (iii) disclose any UGC, and the circumstances surrounding its transmission, to any third party.
You further grant to Mary Kay the perpetual, irrevocable, royalty-free and world-wide right (but not the obligation) and license to use any name, image, likeness, voice, username, account name, social media handle, or any other personal identifier associated with the UGC you submit. Except as provided herein, personal information provided via this site will be handled in accordance with the site's online Privacy Policy.
You understand that your UGC may be syndicated, broadcast, distributed, or published and if you do not have the right to submit UGC for such use, it may subject you to liability. Mary Kay will not be responsible or liable for any use of your UGC by Mary Kay in accordance with these Terms.
Although UGC may be posted, published, uploaded, or otherwise used on this Site or made available via this Service, the posting of these UGC does not constitute Mary Kay’s endorsement. Mary Kay is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with any UGC provided via the CRR Service.
If Mary Kay terminates your registration, account, or subscription, you acknowledge that the license you grant to Mary Kay continues even if you stop using the CRR Service, primarily because of the social nature of Content shared through the CRR Service - when you post something publicly, others may choose to comment on it, making your UGC part of a social conversation that cannot later be erased without retroactively censoring the speech of others.
Upon your deletion of particular pieces of UGC from the CRR Service, Mary Kay shall make reasonable efforts to make such UGC is inaccessible via the CRR Service; however, you acknowledge and agree that: (a) removed UGC may persist in caches or backups for a reasonable period of time and (b) copies of or references to the UGC may not be entirely removed (due to the nature of social media, for example).
You agree to indemnify and hold Mary Kay (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to PowerReviews, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, Mary Kay’s use of the Content you submit through the CRR Service, or your violation of any law or the rights of a third party.
All Content that you submit may be used at Mary Kay's sole discretion. Mary Kay reserves the right to change, condense, withhold publication, remove or delete any Content on Mary Kay's website or the Mary Kay Personal Websites of Mary Kay’s independent sales force members that Mary Kay deems, in its sole discretion, to violate the Content guidelines or any other provision of these Terms of Use. Mary Kay does not guarantee that you will have any recourse through Mary Kay to edit or delete any Content you have submitted. Ratings and written comments are generally posted within two to four business days.
However, Mary Kay reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Mary Kay, are responsible for the contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of Mary Kay, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
