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My Emergen-C Submission Guidelines and License Agreement

Alacer Corporation (“Alacer”) has created this site to enable you to show us how EMERGEN-C® has worked for you. We thank you for submitting your story (your “Content”) in accordance with the provisions below.

This site is governed by the Alacer Terms of Use Agreement. In addition, by submitting Content to the site, you agree that you have read and are familiar with the Submission Guidelines and agree to the additional terms below.

Submission Guidelines

Not all submissions to the site will be posted. You acknowledge and agree that Alacer may or may not elect to post Content you submit to the site for any reason, in its sole discretion. Alacer will review any and all Content submitted to the site before it is posted, and Alacer may elect to post only certain Content, or no Content. Furthermore, Alacer reserves the right, but shall have no obligation, to moderate Content on the site. Such moderation includes without limitation Alacer’s right to edit, delete or modify the Content submitted to or posted on the site in accordance with the license you grant to Alacer below. Alacer reserves the right to contact you for further information about your submission, including, for example, to verify that you own the intellectual property therein or that you otherwise obtained permission to post the Content. You acknowledge and agree that Alacer may, in its sole discretion, post or take down Content you submit at any time, regardless of when you submit it to the site without notice to, or approval from, you. You may only post Content to the site if you are of the legal age of majority in your jurisdiction and at least 18 years of age.

Certain Content should not be submitted to the site, including the following:

1.  Medical Advice

  • purports to provide individual medical, therapeutic or other healthcare advice;
  • includes or promotes an “off-label” or unapproved use of a drug.


2.  Inappropriate Content

  • contains inaccurate, untrue or exaggerated descriptions or depictions of your experience with Alacer products;
  • contains Content that is inappropriate or inconsistent with Alacer's image and reputation
  • contains Content disparaging to Alacer or its products or to Alacer’s competitors or their products.
  • is unlawful, abusive, hateful, threatening, harmful, or invasive of another’s privacy;
  • attacks, defames, insults or otherwise harasses any individual or company; 
  • contains material or language that is profane, pornographic, offensive, violent or political;
  • includes or promotes illegal conduct, drug or alcohol use, or inappropriate or dangerous behavior;


3.  Infringing Content

  • infringes or violates any party’s intellectual property rights, including, but not limited to, using third-party copyrighted materials, third-party trademarks, the names or likenesses of others without appropriate permission and attribution, or other third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
  • has been previously published in any form of media.


4.  Advertising

  • contains any advertising or other promotional materials;
  • contains Content that is used to buy or solicit any goods, services, or money to advertise or sell products or services of others.


5.  Private Information and Impersonation

  • discloses or references any personally identifiable information belonging to a third party without express permission;
  • depicts or describes any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about others without their permission; 
  • impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, or misrepresents Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any Content transmitted to the site.


Required Disclosures

If you are an Alacer employee or are otherwise affiliated with Alacer (including, without limitation, as an independent contractor, endorser or spokesperson) you must conspicuously disclose that fact in your submissions to the site.

If your Content relates to Alacer products that were provided to you as free samples, gifts, or as part of a reward or blogger program, you must conspicuously disclose that fact in your submissions to the site.

Violations and Digital Millennium Copyright Act (DMCA) Infringement Notification

Any Content that violates these Submission Guidelines, the Alacer Terms of Use Agreement, or is otherwise deemed inappropriate by Alacer in its sole discretion, may be rejected, removed or edited by Alacer. In addition, the user who submits such Content may be suspended or permanently banned from the site.
If you believe that any of the Content on the site violates these Submission Guidelines, the Alacer Terms of Use Agreement, or infringes your copyright, you should notify Alacer at the contact information below. If you wish to notify us of your copyright infringement claim, please do so in accordance with the procedures described below and Alacer will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
Designated DMCA Agent:
 
Ken Vargha
80 Icon, Foothill Ranch, CA 92610

Email address: kvargha@alacer.com


To be effective, the notification for copyright infringement claims must be in writing and contain the following information (see DMCA, 17 U.S.C. § 512(c)(3) for further details):
•    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
•    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
•    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
•    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
•    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
•    A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Additional Terms and Conditions; License

In addition to Alacer’s Terms of Use Agreement, by submitting Content to the site, you also agree to the following terms and conditions.

You represent and warrant that all Content (including, without limitation, all statements by you contained therein) you submit is original with you, is truthful and accurate, and that you own all right, title and interest in the Content and any elements you include in the Content (you may be required to provide documentation in a form acceptable to Alacer evidencing such rights). You further represent and warrant that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to submit, upload, post and transmit Content.

You grant to Alacer and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display Content (in whole or part), and any names and likenesses contained therein, as well as biographical information and quotations that you submit to the site in any and all media, including, without limitation, on Alacer’s websites and pages on social media sites, in Alacer’s brochures, and in advertising, without compensation, notification, approval or any other obligation, to anyone, including yourself.  Furthermore, Alacer is free to use the Content and any ideas, concepts, know-how, or techniques contained in or derived from the Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products and services, without compensation, notification, approval or any other obligation, to anyone, including yourself.  

You will not have any claim against Alacer with respect to any use or non-use of Content, and to the extent a claim is made against Alacer or any of its affiliated entities by any third party with respect to your Content, you agree to indemnify and hold Alacer and its affiliated entities harmless with respect to any such claims, including, without limitation, attorneys’ fees and expenses incurred in connection therewith.

Alacer reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of Content and/or your ability to access Content with or without notice, in its sole discretion.  You agree that Alacer shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of Content.

Any rights not expressly granted to you with respect to your use of the site are reserved by Alacer.

EMERGEN-C is a registered trademark of Alacer Corporation. All rights reserved.