We love hearing from you and when you share it with us. These User Content Permission Terms, together with our Privacy Policy and general site Terms of Use apply if you upload content (e.g. pictures or reviews) to our sites, hashtags, social pages or if you respond “yes” to a request by us to re-use your content.

These User Content Permission Terms provide your consent to Baxter of California and our parent, Baxter of California LLC, affiliates and third-party providers (collectively “Baxter of California”) as follows:

You grant Baxter of California a worldwide, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted online (e.g. Instagram, Facebook, Twitter, or other platform) in addition to those you have tagged with #baxterofcalifornia or a Baxter of California campaign hashtag together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content (“User Content”) in any media, including but not limited to on its webpages, social media pages and other digital media, newsletters, retailer sites, third party sites, print materials, in-store materials, television and other broadcast media, for its marketing and/or its advertising. Baxter of California may use, reproduce, modify, delete in its entirety, adapt, publish, translate, create derivative works in any manner in its sole discretion.

You represent and warrant that you own all rights in and to User Content, you have permission from any person(s) appearing in User Content to grant the rights herein, you are not a minor.

The User Content it is a true and accurate expression of your honest belief based on use of Baxter of California products and that you have and will disclose receipt of any free product or incentives in exchange for providing User Content.

You hereby release, discharge and agree to hold Baxter of California and any person acting on Baxter of California’ behalf harmless from any liability related in any way with the User Content.

You consent to Baxter of California’s collection of any personal information you provide, and Baxter of California’s use and disclosure of that personal information in connection with the use of your User Content as described above. Your personal information may be transferred to or accessible all over the world, and may be shared with affiliates or other trusted third parties working on Baxter of California’s behalf. By posting User Content with any Hashtag(s) or otherwise providing Baxter of California with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with these Permission Terms, Baxter of California’s Privacy Policy, and applicable data protection laws and regulations.

BAXTER OF CALIFORNIA CREATORS' HUB

By using the Baxter of California Creators’ Hub, you agree to comply with and be legally bound by the terms, conditions, and restrictions of these Terms of Service (Terms) as well as our Privacy Policy (at https://baxterofcalifornia.com/pages/customer-service-security-policy) which are incorporated by reference into these Terms.

User Affirmations, Conduct and Use

Conduct and Use: By submitting photos and videos for the Baxter of California Creators’ Hub, you represent, warrant and agree to the following:

• You are at least 18 years of age.
• You are solely responsible for compliance with, and agree to comply with, any and all laws, rules, regulations, or obligations that may apply to your use of the Service or your Content.
• Nothing that you upload, publish, represent, warrant or transmit using the Baxter of California Creators’ Hub, will infringe, misappropriate or violate any Intellectual Property Rights, or result in the violation of any applicable law or regulation.
• You will not use the Baxter of California Creators’ Hub for any commercial or other purposes that are not expressly permitted by these Terms.
• You will not interfere with or damage the Baxter of California Creators’ Hub, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• You will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.

Baxter of California will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Baxter of California may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.

You acknowledge that Baxter of California has no obligation to monitor your access to or use of the Baxter of California Creators’ Hub, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Your Content:  Except to the extent provided otherwise by the express terms of an agreement with Baxter of California, you agree that any Content you create related to the Baxter of California Creators’ Hub will:  

• comply with the FTC Guides (defined as the "Guides Concerning the Use of Endorsements and Testimonial in Advertising" (available at https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf) and "Dot Com Disclosure Guides" (available at https://www.ftc.gov/sites/default/files/attachments/press-releas­es/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf);
• comply with all applicable community guidelines, terms of use, and any other binding terms on any websites, including social media sites, used in connection with the Baxter of California Creators’ Hub;
• be original work and not contain any material that violates any federal, state or local laws, regulations or ordinances or applicable website terms and conditions, (e.g., social media platform rules);
• not reference or depict any celebrity or any person who has not expressly consented to such reference or depiction;
• not disparage Baxter of California or any Brand or its competitors;
• not depict lewd content of any sort;
• not incite, advocate or express pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, or include other offensive content;
• not promote consumption of alcoholic beverages or promote any illegal drug use;
• not misrepresent the source of anything in the Content, including impersonation of another individual or entity;
• not contain any personally identifiable information (such as license plate numbers, personal names, e-mail addresses. or street addresses) of any person other than you, unless you have received all necessary licenses, authorizations and/or consents to include such information;
• not provide or create links to external sites that violate these Terms or any agreement with any Brand; and
• not include material that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary licenses, authorization and/or consents.

Ownership; Rights

You acknowledge and agree that Baxter of California, including the Baxter of California Creators’ Hub and all associated Intellectual Property Rights, are the exclusive property of Baxter of California. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.
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By making any of your Content available on or through the Baxter of California Creators’ Hub, you hereby grant to Baxter of California a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, edit, view, copy, adapt, modify, distribute, host, market, transfer, display, perform, transmit, and access, such Content. Baxter of California does not claim any ownership rights in any Content and nothing in these Terms will be deemed to restrict any rights or licenses that you may have to use and exploit your Content.

Termination

We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Baxter of California Creators’ Hub.

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Prohibited Content: Baxter of California LLC reserves the right to prohibit any content that it deems, at its sole discretion, to be defamatory, obscene, hateful, offensive, unlawful, infringing, or otherwise inappropriate. Users are strictly prohibited from submitting content that violates any applicable laws, infringes on the intellectual property rights of others, or contains harmful, abusive, or discriminatory language or imagery.

Content Moderation and Removal: Baxter of California LLC reserve the right to review, modify, or remove any UGC at the company’s discretion.

Disclaimer of Liability: Baxter of California LLC is not responsible for UGC and that the views expressed do not necessarily reflect your own.

Indemnification Clause: Users agrees indemnify and hold Baxter of California LLC harmless from any claims arising out of their content.

Dispute Resolution: Any disputes, claims, or controversies arising out of or relating to these terms, including the breach, enforcement, interpretation, or validity thereof, or the use of any user-generated content, shall be resolved exclusively through binding arbitration in the State of Maryland. Arbitration will be conducted in accordance with the rules of the American Arbitration Association, and judgment on the arbitration award may be entered in any court having jurisdiction. By agreeing to these terms, you waive the right to a jury trial or to participate in a class action lawsuit.