(A) Interactive Areas. Nutramax's social media pages may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on the respective Nutramax social media page, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and Nutramax.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with any Nutramax social media page, you agree to abide by the following rules of conduct:
You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, or that is otherwise obscene.
You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
You agree not to upload, post or otherwise transmit, without Nutramax's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
You agree not to upload, post or otherwise transmit User Content that references or includes personally-identifiable or other sensitive or private information, or any information about products and services of any third party;
You agree not to upload, post or otherwise transmit User Content that references or includes any Nutramax product names, feedback or other information for which there is an alternate email or contact information specifically for such information (e.g., Email us at ContactUs@nutramaxlabs.com, or call the Nutramax Customer Service (Toll free: 888-886-6442));
You agree not to impersonate any person or entity, including, but not limited to, any Nutramax employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about Nutramax's social media pages users or posting private information about a third party;
You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
You agree not to interfere with or disrupt Nutramax's social media pages or the servers or networks connected to the sites, or disobey any requirements, procedures, policies or regulations of networks connected to the sites;
You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Nutramax's social media pages, use of or access to those pages;
You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Nutramax, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Nutramax's social media pages;
You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by Nutramax's social media pages;
You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by Nutramax.
Any conduct that in Nutramax’s sole discretion restricts or inhibits anyone else from using or enjoying Nutramax's social media pages will not be permitted. Nutramax reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. Nutramax is not responsible for User Content submitted to Nutramax's social media pages or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of Nutramax's social media pages.
(C) Monitoring. Nutramax shall have the right, but not the obligation, to monitor User Content posted or uploaded to Nutramax's social media pages to determine compliance with these Terms of Service and any operating rules established by Nutramax and to satisfy any law, regulation or authorized government request. Although Nutramax has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to Nutramax's social media pages, Nutramax reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to Nutramax's social media pages at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the sites at your sole cost and expense.
(D) License to User Content. By submitting User Content to Nutramax's social media pages, you automatically grant Nutramax, and any subsidiaries and affiliates, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant Nutramax the right to pursue at law any person or entity that violates your or Nutramax's rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Nutramax, or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Nutramax, and its licensees, successors and assigns, from any claims that you could otherwise assert against Nutramax by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
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