Playtex Canada - Terms of Use

Last Updated: February 18, 2010

Energizer Canada, Inc., (hereinafter "EPC"), maintains this site (the "Site") for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright, trade-mark, service mark, trade name, and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or otherwise use the content of the Site (including, without limitation, any text, images, audio and video) for public or commercial purposes without EPC’s express written permission.

Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and EPC regarding this subject matter are superseded and of no force or effect. As a user of the materials and the information on this Site, you shall be liable for your use, furnishing, disclosure, publication, or revelation, in any way, of the materials and you shall hold EPC harmless from any damages, litigation, liability or claimed liability, claims, and any expenses (including legal expenses) incident thereto resulting from any such use, furnishing, disclosure, publication, or revelation of the materials by you. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.

Terms and Conditions

1. You should assume that everything you see or read on the Site is protected by domestic and international copyright and trade-mark laws and may not be used, except as provided in these Terms and Conditions or in the text on the Site, without the express written permission of EPC. EPC neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with EPC.

2. While EPC uses reasonable efforts to include accurate and up-to-date information on the Site, EPC makes no warranties or representations as to its accuracy. EPC assumes no liability or responsibility for any errors or omissions in the content of the Site. The materials contained in this Site, including, but not limited to, the information contained in such materials, are intended to serve as a guide and basis for general comparisons and evaluations, but not as the sole basis upon which any specific conduct is to be recommended or undertaken. The information contained in the materials is also not intended as medical advice and is not tailored to the needs of an individual’s specific situation.

3. Your use of and browsing of the Site are at your own risk. Neither EPC nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. EPC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

4. Any communication or material you transmit to or through the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by EPC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, EPC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

5. Images of people or places displayed on the Site are either the property of, or used with permission by, EPC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trade-mark laws, the laws of privacy and publicity and communications regulations and statutes.

6. The trade-marks, logos, trade names and service marks (collectively, the "Trade-marks") displayed on the Site are registered and unregistered Trade-marks of EPC and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trade-mark displayed on the Site without the written permission of the Trade-mark owner. In addition, EPC and applicable third parties, hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs and software (collectively, the “Content”). You hereby acknowledge that the Trade-marks and Content are protected by copyright, trade-mark, and other applicable intellectual property laws. Your misuse of the Trade-marks displayed on the Site, or any other Content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that EPC will aggressively enforce its intellectual property rights to the fullest extent of the law. For greater certainty, your use of the Site does not grant or transfer to you any ownership or other rights in the Trade-marks or Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of EPC’s or any third party’s intellectual property rights, including, without limitation, any right to copy, download, display, reproduce, distribute, modify, edit, alter or enhance any of the Trade-marks or Content in any manner. Any rights not expressly granted to you in these Terms and Conditions are reserved by EPC.

7. EPC does not warrant that the functions contained in the Site materials will be uninterrupted or error-free, that defects will be corrected, or that this Site, including the server that makes it available, is free of viruses or other harmful components. Further, EPC does not warrant or make any representations regarding the use or the results of the use of the materials in this Site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not EPC) assume the entire cost of all necessary maintenance, repair or correction.

8. EPC sometimes provides access to other sites from the Site as a means of convenience and reference. EPC has not reviewed all of the sites linked to the Site and is not responsible for the content of any other sites linked to the Site. EPC does not endorse or approve any products or information offered at sites you reach through the Site. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still in an EPC-operated site or have moved to another site.

9. Although EPC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, EPC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting to or through the Site any information or content that:

* is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane;

* contains, depicts, includes, discusses or involves, without limitation, any of the following: nudity; explicit, graphic or excessive sexual activity; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual or religious groups; content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct; personal information of individuals, including without limitation, names and addresses (physical or e-mail); conduct or other activities in violation of these Terms and Conditions; and any identifiable third party products and/or trade-marks, brands or logos (other than those of EPC);

* infringes or might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any liability whatsoever;

* could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law; and

* contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Further, you hereby agree that you shall not use the Site to: (i) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site; (ii) collect information about others without their consent; and/or (iii) upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available. EPC will fully cooperate with any law enforcement authorities or court order requesting or directing EPC to disclose the identity of anyone posting any such information or materials or otherwise engaging in prohibited conduct.

10. Some features of the Site permit you to upload, post or otherwise transmit content that you have created. By using the Site and submitting such content, you hereby grant to EPC a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display, distribute, translate and create compilations and derivative works from, any and all content you submit (in any format or media) that is in any way related to EPC that you post on, upload or otherwise submit to, the Site.

11. You hereby agree to indemnify, defend and hold harmless EPC and its affiliated companies, business partners, directors, officers, employees and agents from any loss, liability, claim, demand, damage or expense asserted by any third party relating in any way to your use of the Site or breach of these Terms and Conditions, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.

12. The transmission of data or information over the Internet or other forms of networks is not secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

13. Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms and Conditions. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy.

14. EPC reserves the right, in its sole discretion, to change, add, or delete portions of these Terms and Conditions at any time without further notice or liability to you. If we do this, we will post the changes to these Terms and Conditions on the Site and will indicate at the top of this page the date these Terms and Conditions were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. It is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and Conditions and to review such changes. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

15. These Terms and Conditions, your use of the Site, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, your use of the Site and any related matters.

16. If you breach any provision of these Terms and Conditions, you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently your use of the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other person. If these Terms and Conditions or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms and Conditions, then your sole and exclusive remedy is to discontinue using the Site.

17. If any provision of these Terms and Conditions is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms and Conditions shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision of these Terms and Conditions.