jenny_mette June 2, 2010
This group is now closed. Thank you for all of your submissions.
Group DescriptionYour Colgate Smile -- it's your best, brightest, happiest smile. We believe that because the smile is the universal expression of humor, love and joy it exemplifies moments in our lives that are significant. Celebrate those moments by sharing your photos here. Express yourself or celebrate someone else and spread the joy of a smile! For more information about Colgate Smiles visit:
Group RulesThe Colgate Smile Group (“Group”) permits you or other users to submit photographs to the Group ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. Colgate-Palmolive Company (referred to as "CP," "we," "us," or "our") will not acknowledge or return any Submissions. Submissions may be published by CP if deemed appropriate by CP in its sole discretion.
In connection with your Submissions, you represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, intellectual property or other proprietary rights in and to any and all of your Submissions to allow inclusion and use of the Submissions in the manner contemplated by the Group and these Terms and (ii)you have the written consent, release, and/or permission of each and every identifiable individual person or his/her parent or guardian in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Group and these Terms.
You agree that you will comply with Yahoo! Terms of Service and Flickr Community Guidelines or other policies governing your use of such services. You further agree that you will not submit material protected by any third party proprietary rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant all of the license rights granted herein. For example, Submissions must not include: (a) trademarks owned by third parties, including consumer brands or brand names; (b) copyrighted materials owned by others (including dialogue or clips from existing movies, musical compositions, and sound recordings, stock images); (c) names, likenesses, voices, or other indicia identifying celebrities and other public figures, living or dead; or (d) look-alikes or sound-alikes of celebrities or other public figures, living or dead.
You also agree that you will not publish misrepresentations that could damage CP or any third party, submit materials that are unlawful, obscene, defamatory, libelous, threatening, pornographic, offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Ownership Rights/ License to Use Submissions
You retain all of your ownership rights in your Submissions. However, by submitting the Submissions to us, you hereby grant to CP, its affiliates and agents a worldwide, irrevocable, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to reproduce, display, exploit , modify, distribute, create derivative works of, display, and use the Submissions (including, your name and likeness and the names and likenesses of any people, and any other material, embodied in the Submission), your Flickr user name, and any title(s) and description(s) of the Submission, solely in connection with the Group or the promotion of the Group any websites owned or controlled by Colgate, for so long as your Submission is in the Group or July 31, 2010, whichever is sooner. To the extent a Submission is used in connection with the Group or the promotion of the Group, Colgate will attribute credit to you as the owner of the Submission. Colgate will actively seek your express written permission prior to using your Submission for any purpose other than outlined above. In the absence of such written permission, no alternative use will be authorized. .
Disclaimer of CP Liability/Your Liability
THE GROUP IS MADE AVAILABLE TO YOU “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE GROUP AND THE SUBMISSIONS YOU SUBMIT. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CP, ITS AFFILIATES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE GROUP, YOUR SUBMISSIONS AND CP’S USE OF YOUR SUBMISSIONS, EVEN IF CP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES. NOTWITHSTANDING THE FOREGOING, CP’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You hereby release CP and its affiliates and agents from any liability resulting from your participation in the Group or use of your Submission. Further, you agree to indemnify, defend and hold harmless CP and its affiliates and agents against any liability resulting from your participation in the Group or the use of your Submission.
These terms shall be governed by and construed in accordance with the laws of New York, notwithstanding its conflicts of law provisions. In the event of a dispute arising out of these terms, your use of the Group or your Submission, the proper jurisdiction and venue will be the state or federal courts residing in New York County, New York. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.
- This group will count toward the photo's limit (60 for Pro members, 30 for free members)
- Accepted content types: Photos, Videos, Images, Art, Screenshots
- Accepted safety levels: Safe