Melaleuca, Inc. Terms and Conditions for User Generated Content
REPRESENTATION, WARRANTIES, AND INDEMNIFICATION
You represent and warrant that:
(1) you are 18 years of age or older and you have the legal right and capacity to agree to these Terms;
(2) you are solely responsible for your User Generated Content;
(3) you own all rights in and to your User Generated Content and/or have obtained the appropriate rights and permissions from any and all other persons or entities who own, manage, or otherwise claim any rights with respect to such User Generated Content;
(4) the Licensed Parties’, as defined below, use of your User Generated Content as described herein will not infringe upon, misappropriate or otherwise violate the rights of any other person or entity including, without limitation, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights of any third party, or any applicable law, rule or regulation;
(5) the User Generated Content does not contain any content that is false, inaccurate, inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;
(6) the User Generated Content does not contain any content that has the potential to mislead, including (without limitation) the following categories of statements:
- Claiming that a product has been endorsed by a medical professional or other expert.
- Making an exaggerated or misleading claim about the product’s performance or effects.
- Not disclosing your connection to Melaleuca (as a Marketing Executive or Member, for example).
(7) the User Generated Content does not contain any advertising or other commercial content;
(8) the User Generated Content does not contain and false or misleading claims about a product; and
(9) you will adhere to the applicable terms and conditions of any Third-Party Sites where you have uploaded or posted your User Generated Content.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD THE LICENSED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES RELATING TO OR ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY OF THESE WARRANTIES AND REPRESENTATIONS.
USER GENERATED CONTENT LICENSE
You retain any copyright or other intellectual property rights that you may have in your User Generated Content. You hereby grant to Melaleuca and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable license to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to using, copying, distributing, publishing, exhibiting, reproducing, digitizing, modifying, adapting, creating derivative works from, publicly performing, publicly displaying, incorporating, and otherwise exploiting such User Generated Content in connection with the Melaleuca website. We reserve the right, in our sole discretion, to determine which User Generated Content to use. We may publish, review, edit, or remove all or part of your User Generated Content at our sole discretion. Grounds for editing or removal of User Generated Content include (without limitation) accuracy, potentially misleading content, obscenity or profanity, content unrelated to Melaleuca’s goods or services, or content that is in potential violation of applicable legal or regulatory guidance.
The Licensed Parties may assign or sublicense all or a portion of their rights under this agreement, including this license, without your prior consent or any payment to you. You acknowledge and agree that: (a) the Licensed Parties have the right to arrange the posting of User Generated Content in any way in their sole discretion without your prior approval; (b) the Licensed Parties have no obligation to provide you with any credit or other attribution when using your User Generated Content, provided, however, if the Licensed Parties choose to provide you with credit, the size and placement of the credit shall be in their sole discretion; and (c) you are not entitled to any compensation or other payment from the Licensed Parties in connection with use of your User Generated Content. You agree that you will have no approval rights, no claim to compensation, no claim (including, without limitation, claims based upon breach of privacy, defamation or intellectual property infringement) against the Licensed Parties arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the User Generated Content.
In connection with any use of your User Generated Content, you grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice.
You acknowledge that by granting permission to use your User Generated Content it is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information contained in the User Generated Content, in whatever form, except pursuant to the Licensed Parties privacy policies. If you do not agree to the collection, use and disclosure of your personal information in this way, you should refrain from otherwise providing the Licensed Parties with personal information.
MELALEUCA’S INTELLECTUAL PROPERTY RIGHTS
THE SITES MAY BE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS. YOU ACKNOWLEDGE AND AGREE THAT BY AUTHORIZING USE OF YOUR USER GENERATED CONTENT YOU DO NOT ACQUIRE ANY OWNERSHIP OR OTHER RIGHTS IN INTELLECTUAL PROPERTY OR OTHER PROPRIETARY INFORMATION OWNED BY MELALEUCA.
LIMITATION OF LIABILITY & DAMAGES
You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the User Generated Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards in your favor shall be limited to actual out of pocket costs incurred, including costs associated with Submitting the User Generated Content, but in no event will your attorneys’ fees be recoverable; and (c) under no circumstances, including for negligence, will any Licensed Party be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that neither the Licensed Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the User Generated Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will any of the Licensed Parties be held liable for any damage to computer systems, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL ANY OF THE LICENSED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USER GENERATED CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).
MODIFICATIONS TO THE TERMS
From time to time we may need to make changes to these Terms, including to address changes in technology or law, and we encourage you to review these Terms each time you grant us permission to use your User Generated Content. We reserve the right to alter these Terms at any time without advance notice to you by posting a revised Terms and Conditions. Any changes or modifications will be effective immediately upon posting.
SEVERABILITY
If any part of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, the invalid, unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Idaho in the United States of America, notwithstanding any conflict of law rules. Any proceeding arising under these Terms shall take place in the courts of Bonneville County, Idaho, or in the United States District Court for the District of Idaho.
DISPUTE RESOLUTION
ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS, YOUR USE OF THE SITES, AND/OR PRIVACY RIGHTS AND/OR PUBLICITY RIGHTS, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION AND YOU EXPRESSLY WAIVE TRIAL BY JURY. NEITHER MELALEUCA NOR YOU WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS, USE OF THE SITES, AND/OR PRIVACY RIGHTS AND/OR PUBLICITY RIGHTS.
These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without Melaleuca’s prior written consent.
Last updated: April 26, 2023