User Generated Content:
Our Sites allow users to communicate with other users and to create, post, upload, share or distribute various forms of content for and in connection with the Sites (collectively, “User Generated Content”). If you post your insights, ideas, opinions and comments on our blog site or message boards, you cannot prevent Benefit or other members of the community from using them, and you give your consent to Benefit and anyone else to use this User Generated Content in any manner.
User Generated Content does not necessarily reflect the views of Benefit, and Benefit does not guarantee the accuracy, truthfulness, or reliability of any User Generated Content, or endorse any content expressed in User Generated Content. Benefit assumes no responsibility or liability for or in connection with any User Generated Content. You are solely responsible for all content that you post on the Sites.
By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on these Sites, you grant Benefit a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed, both on these Sites and other online locations, and in other forms or media off the Internet. You waive any moral rights you might have with respect to any User Generated Content you provide to us.
None of the User Generated Content that you submit shall be subject to any obligation of confidence on the part of Benefit Cosmetics, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
Rules related to the Submission of User Generated Content on the Sites:
You must be a registered user to submit User Generated Content in the applicable areas of the Sites. The submission of this content is subject to the following rules:
- Stay on topic and be respectful of others.
- Do not submit content that is deceptive or misleading.
- Never submit anything unlawful, threatening, abusive, harassing, obscene, defamatory, any material that would violate the law or the rights of others, or any material that you know or think might be false, inaccurate or misleading.
- You may not organize any hate groups or take any action, upload, post, stream or transmit any content, language, images or sounds in any forum, communication, public profile or other publicly viewable areas that Benefit, in its sole discretion, finds offensive, hateful or vulgar. This includes any content or communication that Benefit in its sole discretion deems to be racially, ethnically, religiously, or sexually offensive, libelous, defaming, threatening, bullying or stalking.
- You may not post “ad hominem” or personal attacks against other users or Benefit employees.
- You may not upload, post, stream or transmit any content that contains any viruses, worms, spyware, time bombs or other computer programs that may damage, interfere with or disrupt the Sites or computers or other users.
- You may not impersonate any person, including an employee of Benefit or any third-party.
- You may not take any action that we consider to be disruptive to the normal flow of chat or other activities on the Sites, including uploading, posting, streaming or transmitting any unsolicited or unauthorized material, including junk mails, SPAM, excessive mails or chain letters.
- You may not cause disruption to the Sites or any system, hardware, software or network connected to the Sites or otherwise attempt to hack or reverse engineer any code or equipment in connection with the Sites.
- You may not use, make or distribute unauthorized software or hardware in conjunction with the Sites, or taking or using any data from the Sites to design, develop or update unauthorized software or hardware.
- You may not make a false report of user abuse to Benefit Customer Care.
- You may not provide anyone with the name, phone number, address, password, or any other personally identifying information of any other person or business through any means on our Sites.
- Although you are welcome to reference and link to other blogs and websites, commercial solicitations or advertising for other personal or commercial blogs and websites are not permitted.
- Repeatedly making the same post in multiple places is not allowed.
- Users are also not allowed to post links to obscene or offensive sites.
When in doubt, remember, the Sites are public forums. Use the same judgment and care you would when standing in front of an audience of thousands.
You also agree not to upload, transmit, post or submit any User Generated 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 export control, consumer protection, unfair competition, anti-discrimination or false advertising); and
- for which you were compensated or granted any consideration by any third party.
Right to Terminate or Report
Benefit also has the right (but not the obligation) to terminate a registered user’s account or right to post User Generated Content to the Sites. Benefit also has the right to report any user who violates these Community Guidelines to the proper law enforcement agency or regulator, in the event that such action is deemed necessary or appropriate.
Right to Monitor
Benefit may, but has no obligation to, monitor and/or moderate User Generated Content. All User Generated Content that you submit may be used in Benefit’s sole discretion. Benefit reserves the right to change, condense or delete any User Generated Content that in Benefit’s sole opinion violates these Community Guidelines, the rights of others or any applicable law, or is in any way harmful, objectionable or otherwise inappropriate. If you see a remark that you feel should be removed, please email us details at email@example.com
Representations and Warranties
By submitting any User Generated Content, you represent and warrant that (i) you are the sole author and owner of the User Generated Content, including any intellectual property rights contained in it; (ii) all "moral rights" that you may have in such content have been voluntarily waived by you; (iii) all content that you post is accurate; (iv) you are at least 18 years old; and (v) use of the content you supply does not violate these Community Guidelines and will not cause injury to any person or entity.
YOU AGREE TO INDEMNIFY AND HOLD BENEFIT (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES AND THIRD-PARTY SERVICE PROVIDERS), 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, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Please keep comments on topic and relevant to Benefit Cosmetics. If you’re not sure, just ask us! Our Global Social Media Team works in San Francisco (on Pacific Standard Time) and will try to respond as soon as possible. For urgent matters, please contact Customer Care at firstname.lastname@example.org.
Effective Date: 3/27/2013
Last Updated: 3/27/2013