Welcome to Capessa.com (the "Web Site")!  It is important to us that you, and our visitors, have the best possible experience while using the Web Site, and that when you use the Web Site you are fully aware of our respective legal rights and obligations.  For that reason, we have created this User Agreement as the legally binding terms that govern your use of the Web Site.  Please read this User Agreement carefully before using the Web Site, because it states your legal rights and obligations.

1.         Your Acceptance.  The Web Site is owned and operated by Procter & Gamble Productions, Inc. ("P&GP").  By using the Web Site or any of the content, features, applications, or other services available on or through Web Site, you are confirming your assent to all the terms of this User Agreement.  You also represent and warrant that you are 18 years of age or older and have legal authority to agree to all of the terms of this User Agreement.  If you do not agree to all of the terms of this User Agreement, you may not use the Web Site.

2.         User Agreement Changes.  We reserve the right to, from time to time, change the terms of this User Agreement without notice to you.  Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted on the Web Site; your continued use of the Web Site confirms your assent to all of the terms of this User Agreement as changed.

3.         Web Site Changes.  We reserve the right to, from time to time, modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice to you. You agree that P&GP shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Web Site (or any part thereof).

4.         Membership.  By attempting to become a registered member of the Web Site ("Members"), you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Web Site does not violate any applicable law or regulation.

5.         No Commercial Use.  The Web Site is for personal use of Members and other users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by P&GP.  Commercial advertisements, affiliate links, and other forms of commercial solicitation, including without limitation any attempt to collect personal information of Members or other users, may be removed from the Web Site without notice and the violator's access or membership privileges to all or any part of the Web Site may be restricted, suspended or terminated.  Appropriate legal action will be taken for any illegal or unauthorized use of the Web Site.

6.         User-Created Content.  By submitting to, displaying or otherwise making available on the Web Site ("posting") any text, files, images, photos, video, sounds, profiles, works of authorship, or any other content, including without limitation any content posted via blog, journal, discussion board, personal page, poll, story submission or other service available on or through the Web Site (collectively, "User-Created Content"), you hereby irrevocably grant to P&GP and its parents, subsidiaries and affiliates, a non-exclusive, fully-paid, royalty-free, worldwide, perpetual license, including the unlimited right to sublicense, to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such User-Created Content in any medium now known or later developed.  By posting any User-Created Content, you represent and warrant that: (a) you own the User-Created Content posted by you on or through the Web Site or otherwise have the right to grant the license set forth in this section; (b) the posting of your User-Created Content on or through the Web Site does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity; and (c) the User-Created Content is not libelous, obscene or otherwise prohibited by this User Agreement.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User-Created Content posted by you on or through the Web Site.  By posting any User-Created Content, you are also granting P&GP and its parents, subsidiaries and affiliates, permission to use your name, username, likeness, and/or biographical information (as provided by you), if any, to attribute the User-Created Content to you.  Except for User-Created Content posted by you and the Capessa Embeddable Player discussed below, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User-Created Content appearing on or through the Web Site.

7.         Capessa Embeddable Player.  P&GP will allow you to access and use the Capessa Embeddable Player provided that you agree not to alter or modify Capessa’s Embeddable Player or any of its related technologies.  Additionally, you agree not to access User-Created Content through any technology or means other than the Capessa Embeddable Player, or other explicitly authorized means P&GP may designate.  You agree not to use the Capessa Embeddable Player for any commercial use, without the prior written authorization of P&GP.  Prohibited uses include any of the following actions taken without P&GP’s express approval:

·         sale of access to the Web Site or its related services (such as the Embeddable Player) on another Web Site;

·         use of the Web Site or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;

·         the sale of advertising, on the Web Site or any third-party Web Site, targeted to the content of specific User-Created Content or P&GP Content;

·         or any use of the Capessa Embeddable Player that P&GP finds, in its sole discretion, to use Capessa’s resources or User-Created Content with the effect of competing with or displacing the market for Capessa content or its User-Created Content.

Prohibited commercial uses do not include:

·         using the Capessa Embeddable Player to show Web Site videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with the Web Site;

·         any use that P&GP expressly authorizes in writing.

8.         Monitoring.  It is impossible for P&GP to review all User-Created Content or conduct on the Web Site without detracting from the benefits of the Web Site's community features.  It is necessary and important for Members and other users to understand that P&GP makes no warranties, express or implied, as to User-Created Content or to the accuracy and reliability of User-Created Content on the Web Site.  P&GP may delete any User-Created Content that, in its sole discretion, violates this User Agreement.  However, P&GP assumes no responsibility for monitoring the Web Site for inappropriate User-Created Content or conduct.  If at any time P&GP chooses, in its sole discretion, to monitor the Web Site, P&GP nonetheless assumes no responsibility for the User-Created Content or conduct, no obligation to modify or remove any inappropriate User-Created Content, and no responsibility for the conduct of Members or other users.  You are solely responsible for User-Created Content that you post on or through the Web Site and for your interactions with Members and other users.  P&GP does not endorse and has no control over User-Created Content.  User-Created Content is not necessarily reviewed by P&GP prior to posting and does not necessarily reflect the opinions or policies of P&GP or its parents, subsidiaries or affiliates.

9.         Prohibited User-Created Content and Conduct.  The following is a partial list of the types User-Created Content that is illegal and/or prohibited to post on or through the Web Site.  P&GP reserves the right to investigate and take appropriate action against anyone who, in its sole discretion, violates this section.  Such action may include without limitation removing the offending User-Created Content from the Web Site and restricting, suspending or terminating the violator's access or membership privileges to all or any part of the Web Site.  Prohibited User-Created Content includes without limitation any User-Created Content that, in P&GP's sole discretion:

·         contains personal attacks on Members and/or other users

·         contains patently offensive subject matter, including without limitation any statements or materials that promote racism, bigotry, hatred and/or physical harm of any kind against any group or person

·         contains nudity or violence

·         contains information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous

·         promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated or links to pirated music, movies, video games or other copyrighted works

·         involves unsolicited e-mail ("spamming"), unsolicited instant messages ("spimming") or "chain" e-mails, "chain" instant messages or other unsolicited communications with Members or other users

·         contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)

·         furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including without limitation making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses

·         solicits passwords or personal information (as defined in our Privacy Policy) for commercial or unlawful purposes from Members or other users

·         contains commercial activities and/or sales without prior written consent of P&GP, including without limitation contests, sweepstakes, bartering, advertising or pyramid schemes

·         contains a photograph of another person that you have posted without that person's verifiable permission

The following is a partial list of the types of conduct that is illegal and/or prohibited on the Web Site and through your use of the Web Site.  P&GP reserves the right to investigate and take appropriate action against anyone who, in its sole discretion, violates this section.  Such action may include, without limitation, reporting you to law enforcement authorities and/or restricting, suspending or terminating the violator's access or membership privileges to all or any part of the Web Site.  Prohibited conduct includes, without limitation, the following:

·         criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets

·         advertising to, or solicitation of, any Member or other user to buy or sell any products or services through the Web Site

·         attempting to impersonate another person

·         using the account, username, or password of another Member at any time or disclosing your password to any third-party or permitting any third-party to access your account

·         selling or otherwise transferring your profile on the Web Site

·         using any information obtained from the Web Site in order to harass, abuse or harm another person

·         using the Web Site in a manner inconsistent with any and all applicable laws and regulations

10.       Copyrights and Trademarks.  All content included on the Web Site, such as text, graphics, logos, button icons, images, audio, video, downloads, data compilations, interfaces, code and software, is the property of P&GP or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on the Web Site is the exclusive property of P&GP and protected as a collective work by United States and international copyright laws.  The collective work includes works that are licensed to P&GP, including User-Created Content licensed to P&GP pursuant to Section 6 of this User Agreement.  Copyright 2006 Procter & Gamble Productions, Inc.  ALL RIGHTS RESERVED.  All trademarks, service marks and trade names (collectively, "Marks") that ever appear on the Web Site are common law or registered trademarks of and are proprietary to P&GP or other respective owners who have granted P&GP the right to use such Marks.

11.       Copyright Infringement Notice.  P&GP respects the intellectual property of others and we ask Members and users to do the same.  P&GP will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, P&GP will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide P&GP the following information.  Please be advised that to be effective, the notification must include ALL of the following:

·         a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed

·         a description of the copyrighted work that you claim has been infringed

·         a description of where the material that you claim is infringing is located on the Web Site

·         your address, telephone number, email address and all other information reasonably sufficient to permit P&GP to contact you

·         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law

·         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Notices of claimed copyright infringement should be directed to:

By mail:           The Procter & Gamble Company.

                        Legal Division

                        Copyright Agent

                        1 P&G Plaza

                        Cincinnati, OH 45202

 

By fax:            (513) 983-1992

 

By Email:        copyright.im@pg.com  (Subject Line: "Notice of Infringement")

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING P&GP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

12.       Privacy.  Use of the Web Site is also governed by our Privacy Policy, which is hereby incorporated into this User Agreement by this reference.  As explained further in our Privacy Policy, you consent to the use of your personal information consistent with our Privacy Policy, including the transfer of personal information relating to you to our computer systems in the United States.  Please read our Privacy Policy.  [HYPERLINK]

13.       Disclaimers.  YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK.  THE WEB SITE IS PROVIDED "AS IS."  TO THE FULLEST EXTENT PERMITTED BY LAW, P&GP and its parents, subsidiaries and affiliates, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF.  P&GP and its parents, subsidiaries and affiliates MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEB SITES LINKED TO THE WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD-PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY USER-CREATED CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER-CREATED CONTENT POSTED ON OR THROUGH THE WEB SITE.  YOU SPECIFICALLY ACKNOWLEDGE THAT P&GP SHALL NOT BE LIABLE FOR USER-CREATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  P&GP and its parents, subsidiaries and affiliates DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY ON OR THROUGH THE WEB SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND P&GP and its parents, subsidiaries and affiliates WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

14.       Limitation on Liability.  IN NO EVENT SHALL P&GP OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, P&GP OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO P&GP FOR THE WEB SITE DURING THE TERM OF MEMBERSHIP.

15.       U.S. Export Controls.  Any software available in connection with the Web Site (the "Software") is further subject to United States export controls.  No Software may be downloaded from the Web Site or otherwise exported or re-exported in violation of United States export laws.  By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such laws.

16.       Indemnity. You agree to indemnify and hold P&GP, its parents, subsidiaries, and affiliates, and all of their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' and experts' fees and costs, made by any third-party, allegedly or actually, arising from or related to your use of the Web Site in violation of this User Agreement and/or any User-Created Content posted by you on or through the Web Site.

17.       Disputes.  Your use of the Web Site shall be governed in all respects by the laws of the state of Ohio, United States, without regard to any choice of law or conflict of laws principles or provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Web Site and/or this User Agreement shall be in the state or federal courts located in Hamilton County, Ohio.  By using the Web Site, you agree that any disputes arising from or related to your use of the Web Site and/or this User Agreement, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this User Agreement or its adaptation to newly arisen circumstances, will be submitted to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules.  Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Ohio, United States.  Any award in an arbitration initiated under this provision shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount.  Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this provision, except as may be required by statute.

18.       Other.  This Agreement is accepted upon your use of the Web Site, is further affirmed by you becoming a Member and by clicking "I Agree" when submitting information to the Web Site.  This User Agreement constitutes the entire agreement between you and P&GP regarding the use of the Web Site.  The failure of P&GP to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision.  If any provision of this User Agreement is unlawful, void or unenforceable, that provision is deemed severable from this User Agreement and does not affect the validity and enforceability of any remaining provisions.

Last Updated:  December 19, 2007