B. By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Helen of Troy sites ("user content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Helen of Troy sites from time to time, you agree that you are the sole responsible person and/or entity from which such user content originated and you are 18 years old or the age of majority in your jurisdiction. Without limitation of the foregoing, you agree not to use the Helen of Troy sites to: (a) upload, post, e-mail, or otherwise transmit any user content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any user content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any user content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party/individual; (d) upload, post, e-mail, or otherwise transmit any user content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Helen of Troy sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the Helen of Troy sites or servers or networks linked to the Helen of Troy sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the Helen of Troy sites; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Helen of Troy sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the Helen of Troy sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit other guests of the Helen of Troy sites to become members of any commercial on line service or other online or offline group or organization;(k) impersonate others, including, without limitation, a Helen of Troy employee, host, or representative, or other members or visitors on the Helen of Troy sites; (l) harvest, collect or store information about the users of the Helen of Troy sites or the user content or use such information for any purpose inconsistent with the purpose of the Helen of Troy sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications; or (m) attempt to interfere, in any way, with the proper working of the Helen of Troy sites.
C. You acknowledge and agree that user content you view or post on the Helen of Troy sites is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such user content. You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Helen of Troy, and Helen of Troy does not support or endorse any user content or any other content or otherwise posted by you or any other user. You acknowledge that Helen of Troy does not pre-screen, monitor, review, or edit the user content posted by you and other users on the Helen of Troy sites. However, Helen of Troy and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any user content, in whole or in part, that, in Helen of Troy’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the Helen of Troy sites may be purged periodically in Helen of Troy’s sole discretion. Helen of Troy is not responsible for any failure, non-failure, or delay in removing such user content. In this regard, you acknowledge that you may not rely on any user content available on the Helen of Troy sites, whether created by Helen of Troy or submitted to Helen of Troy. User content includes the opinions, statements and other content of third parties, not Helen of Troy. Helen of Troy does not endorse any such opinions, statements or other content posted on or accessible through the Helen of Troy sites. Helen of Troy does not assume any obligation or liability with respect to user content and no confidential or fiduciary understanding or relationship is established by Helen of Troy’s receipt or acceptance of any such materials.
D. Any user content submitted by you to the Helen of Troy sites will be deemed non-proprietary and non-confidential and may be used by Helen of Troy without restriction. You shall be solely responsible for any user content submitted by you to the Helen of Troy sites and the consequences of posting or publishing such content. In connection with your user content, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant Helen of Troy the rights discussed below; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your user content to grant Helen of Troy the rights discussed below. By submitting or sending information, material, or any other communication to Helen of Troy including user content, you grant Helen of Troy the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, post or display such user content (in whole or in part) and/or to incorporate it in other works in any form, media (including but not limited to the Helen of Troy sites), or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Helen of Troy and its affiliates may use or otherwise transfer or dispose of any and all user content without restriction and users of the Helen of Troy sites shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of user content by Helen of Troy. You understand that the technical processing and transmission of the Helen of Troy sites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Helen of Troy assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Helen of Troy site. All sales are for direct consumer use only. Any orders not shipped directly to the consumer, whether through use of freight forwarders or otherwise, may be canceled by Helen of Troy, in its sole discretion.