Date of last revision: July 2018
Welcome to the CLOROX community! You are reading these Terms because you are using a CLOROX website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of CLOROX’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a “Device”. Your carrier’s normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and CLOROX and its affiliates (which we may refer to as “CLOROX,” “we,” “us,” or “our”) regarding your use of the Platform.
A few important points:
Our Terms May Change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
1. GROUND RULES
Eligibility. You are only eligible to use the Platform if you are of legal age in Australia/New Zealand or if you have consent from your parent or guardian.
Rules for Registration. When you register for an account with us, the following rules apply:
Provide accurate and current registration information.
Keep your registration personal. Do not register for more than one CLOROX account, register a CLOROX account on behalf of someone else, or transfer your account.
Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
Inform CLOROX immediately of any unauthorized use of your CLOROX account. You are responsible for anything that happens through your CLOROX account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CLOROX IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by CLOROX or others we license Content from, and is protected by copyright, trademark, patent and other laws. CLOROX reserves all rights not expressly described in these Terms.
All trademarks, service marks and trade names (e.g., the CLOROX name design) are owned, registered and/or licensed by CLOROX. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent CLOROX approves the download or use of Content comprised of copyrights or copyrightable works, CLOROX grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as CLOROX makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. CLOROX reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. CLOROX reserves the right to take down any Content in violation of these terms or CLOROX’s intellectual property rights. CLOROX allowing you this limited use does not constitute a waiver of any of CLOROX’s rights to the Content.
Outside of the specific usage rights granted to you by CLOROX in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without CLOROX’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
3. POSTING CONTENT ON THE PLATFORM
User Content License. Some parts of the Platform may allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” CLOROX is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to CLOROX as described below:
You represent that you have the right to post your User Content, and you grant CLOROX a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. CLOROX may, in its sole discretion, remove any User Content at any time.
You understand that deleted User Content may persist in CLOROX’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to CLOROX a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. USER CODE OF CONDUCT
Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
Do not do anything that may expose CLOROX or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
Do not use any data mining, robots, scraping or similar data gathering methods.
Unless we indicate otherwise, our Platform is a public place. Do not post personal information to the Platform – yours or anybody else’s.
Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
Do not collect or solicit personal information from other Platform users or send unsolicited messages.
Do not use automated technology to interact with the Platform.
Respect the community and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. CLOROX has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
Do not impersonate any person or organization, including CLOROX employees.
5. COPYRIGHT INFRINGEMENT
Please consult your legal advisor before filing a notice with us because there may be penalties for false claims. CLOROX may terminate the accounts of Platform users found to infringe third party copyrights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the content that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) 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.
6. PARTNERS ON THE PLATFORM
7. WARRANTY DISCLAIMER
The Platform, Content, and the materials and products on this Platform are provided “AS IS.” We aren’t making any promises of any kind, including about the Platform’s accuracy, adequacy, usefulness, reliability or otherwise. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CLOROX IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
However, the Platform, Content, and the materials and products on this Platform come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law (“ACL”), including guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case.
CLOROX does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
To the fullest extent permitted by law, CLOROX disclaims all warranties, express or implied, regarding the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You are solely responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.
We hope you enjoy and get the full benefit of the Platform; however, we do not guarantee any results.
CLOROX may terminate or modify any CLOROX Platform, product or service at any time without notice.
CLOROX may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to CLOROX, subject to applicable law.
You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
We want you to enjoy our Platform, but CLOROX must also protect itself from any damages you may cause.
LIMITATION OF LIABILITY. NONE OF THE CLOROX PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A CLOROX EVENT OR CLOROX PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF CLOROX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST CLOROX IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF CLOROX IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, CLOROX’S LIABILITY SHALL NOT EXCEED US$100.00.
10. DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform shall be resolved individually, without resort to any form of class action, and exclusively by the laws of Victoria, Australia.
By using the Platform, you agree to receive certain electronic communications from CLOROX, subject to applicable law.
You agree that any notice, agreement, disclosure or other communication that CLOROX sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
CLOROX may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms.
CLOROX’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or CLOROX’s rights. Users should always assume these Terms apply.
If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.