Terms of Use
Kleenex and Lotion and its affiliates, online interactive Web Sites and services, including but not limited to games, videos, audio, and all activities accessible through these Web Sites (collectively, the "Hubs" or “Hub”) are operated by BCGO LLC (collectively "BCGO" or "we") by its employees and/or authorized agents. By using the Hubs, you ("user") signify user agreement with the following terms and conditions of use (the "Terms of Use"). Please read these Terms of Use carefully before using the Hubs. These Terms of Use constitute a legally binding agreement between user and BCGO LLC. If user do not agree with the Terms of Use or any part thereof, user will be prohibited from using the Hub. All content on the Hubs are designed solely for user’s entertainment purposes and comply with all appropriate laws and standards. If user are a minor, user will be in violation of these Terms of Use and will therefore result in a block of user’s entry to the Hub. 18 years of age and older is strictly enforced. All content posted by users is strictly their own and each user assumes full responsibility for content and intent.
Violation of any of these terms of use can result in immediate and permanent ban from all access to the web Hub. BCGO LLC reserves the right to block user’s access to the Hubs or take other appropriate action. BCGO LLC reserves the right to content on the Hub in its original and intended purpose of communicative story telling. BCGO LLC will not publish user’s story in print without proper agreement to Contributor’s Terms of Use.
BCGO has final say over what constitutes a violation of these rules.
BCGO LLC reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use when we deem appropriate and in the best interest of the smooth operation and enjoyment of the Hubs. Changes and/or modifications shall become effective immediately after posting on the Hubs. Please review these Terms of Use periodically. We also reserve the right to suspend or end operations or access to any of the Hubs, or portions of Hub.
This Agreement will remain in full force and effect as long as user are a user of the Hub(s) and in the event of termination of any membership, service or feature, user will still be bound by user’s obligations under this Agreement or Rules of Participation, including any indemnifications, warranties, and limitations of liability.
- Eligibility/Registration. Access to the Hubs may only be available to those individuals eighteen years of age or older. If user are eighteen years of age or older, by using the Hubs, user represent and warrant that user have the right, authority, and legal capacity to abide by all of the terms and conditions of these Terms of Use and to enter into this agreement with BCGO LLC. If user do not fully understand or do not agree to the Terms of Use, or any part thereof, do not use the Hubs, which are designed solely for user’s entertainment purposes. We may require users to register and establish a membership profile for access to and use of certain features or functions of the Hubs. User agree to provide true, accurate, current and complete information about user as requested in any registration process. Registered members are responsible for all uses of their account and for ensuring that all uses of their account comply fully with the provisions of these Terms of Use.
- Personal, Non-Commercial Use by users. The Hubs are for the personal use of individual Internet users and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Organizations, companies, and/or businesses may not become registered members and should not use the Hubs for any purpose. User acknowledges that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which user hereby acknowledge. Without limiting the foregoing, user acknowledge that such consideration includes, without limitation, user’s enjoyment and use of the Hubs and all features and activities available on the Hubs, user’s receipt of data, materials and information available at or through the Hubs, and the possibility of our review, use or display of Content (as defined below in Section 3).
- Content Posted on the Hubs. User are responsible for the content of any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Hubs (collectively, "Content"). By uploading, posting, emailing or otherwise submitting Content to the Hubs, user grant, and user represent and warrant that user have the right to grant, to BCGO LLC an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Content, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing without any compensation to user or any third party. BCGO LLC's uses of Content shall be consistent with its Privacy Policy posted on the Hubs.
- Proprietary Rights in Content on the Hubs. BCGO LLC owns and retains all proprietary rights in the Hubs. The Hubs contain material that is derived in whole or in part from material supplied by BCGO LLC, its licensors, and other sources, and is protected by U.S. and international copyright and trademark laws. No material, including but not limited to the characters, logos, graphics, illustrations, text, images, audio and video, and no software, including but not limited to images or files incorporated in or generated by the software or data accompanying such software, (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, unless the Material is in the public domain or user have obtained written permission and maintain all legal notices intact or as provided by BCGO LLC. Modification of the Materials or use of the Materials in whole or in part for any non-approved purpose is a violation of BCGO LLC's or such other sources' copyright, trademark and other proprietary rights. User expressly understand that user may not reverse engineer, disassemble or decompile or attempt to reverse engineer or derive code from any information accessible through the Hubs (including, without limitation, data packets transmitted to and from the Hubs over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the Hubs, whether encrypted or not, or permit any third party to do any of the same, and user hereby expressly waive any legal rights user may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
- Rules of Conduct on the Hubs.
- User may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- BCGO LLC may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of BCGO LLC violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
- User may not post or transmit Content (even if made in a joking, sarcastic or unintended manner) that:
- is patently offensive to the online community, such as content that promotes pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous;
- infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);
- 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 music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in an illegal sexual, violent or otherwise inappropriate manner or solicits personal information from anyone without consent;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether user have consent from the minor or his or her legal guardian);
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable agreements between BCGO LLC and user) to the Hubs or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Hubs or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- represents or engages in commercial activities and/or sales without BCGO LLC's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Hubs.
- solicits gambling or engages in any gambling activity which BCGO LLC, in its sole discretion, believes is or could be construed as being illegal;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Hubs or any other individual's use and enjoyment of similar services; or
- refers to any webHub or URL that, in the sole discretion of BCGO LLC, contains material that is inappropriate for the Hubs, contains content that would be prohibited on the Hubs, or violates the letter or spirit of these Terms of Use.
- BCGO LLC reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms of Use, including without limitation, removing the offending communication in whole or in part from the Hubs, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Hubs. BCGO LLC DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL AND CONTENT ON THE HUBS WILL NOT OFFEND USER. USER AGREE TO HOLD BCGO LLC HARMLESS.
- User must use the Hubs in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Hubs, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Hubs, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Hubs, as well as attempting to gain unauthorized access to the Hubs or exceeding user’s authorized access.
- User may not include in user’s member profile user’s last name, social security numbers, telephone numbers or street addresses.
- User may not engage in advertising to, or solicitation of, other users through the Hubs to buy or sell any products or services, including, but not limited to, products or services related to the Hubs. User may not transmit any chain letters or unsolicited commercial or junk email to other users via the Hubs. It is also a violation of these Terms of Use to use any information obtained from the Hubs in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Hubs without their prior explicit consent. In order to protect our users from such advertising or solicitation, BCGO LLC reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which BCGO LLC deems appropriate in its sole discretion.
- User understands that BCGO LLC has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Hubs) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and user hereby expressly authorize us to) disclose any information about user to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- BCGO LLC reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Hubs. BCGO LLC shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding these rights of BCGO LLC, USER REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS USER POST IN THE PUBLIC AREAS OF THE HUBS AND IN USERR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Hubs does not necessarily reflect the views of BCGO LLC. In no event shall BCGO LLC assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Hubs. User hereby represent and warrant that user have all necessary rights in and to all Content user provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- Userr correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Hubs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser. BCGO LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Hubs.
- It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Hubs and that user may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about user due to user’s use of the Hubs, and that the recipient may use such information to harass or injure user. BCGO LLC does not approve of such unauthorized uses but by using the Hubs user acknowledge and agree that BCGO LLC is not responsible for the use of any personal information that user publicly disclose or share with others on the Hubs. Please carefully select the type of information that user publicly disclose or share with others on the Hubs.
- User Disputes. User are solely responsible for userr interactions with other users. BCGO LLC reserves the right, but has no obligation to monitor communications and any disputes between user and other users.
- Limitation on Liability. The Hubs have been created for entertainment purposes only. USERR USE AND BROWSING OF THE HUBS IS AT USERR OWN RISK. If user are dissatisfied with any of the Materials or Content contained in the Hubs, or with and of these Terms of Use, userr sole and exclusive remedy is to discontinue accessing and using the Hubs.
BCGO LLC is not responsible for any incorrect or inaccurate Materials or Content posted on the Hubs, whether caused by users of the Hubs or by any of the equipment or programming associated with or utilized in the Hubs. BCGO LLC is not responsible for the conduct, whether online or offline, of any users of the Hubs. BCGO LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. BCGO LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Hubs or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Hubs. Under no circumstances will BCGO LLC be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Hubs, any Materials or Content posted on the Hubs or transmitted to members, or any interactions between users of the Hubs, whether online or offline. BCGO LLC cannot guarantee and does not promise any specific results from use of the Hubs.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER BCGO LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE HUBS IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF USER’S ACCESS TO, OR USE OF, THE HUBS EVEN IF BCGO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE HUBS IS PROVIDED TO USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Indemnification. User agree to indemnify, defend and hold harmless, BCGO LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Hubs from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by user. BCGO LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by user, in which event user will fully cooperate with BCGO LLC in asserting any available defenses.
- Other. These Terms of Use, accepted upon use of the Hubs and further affirmed by becoming a registered member or submitting Content to the Hubs, contain the entire agreement between user and BCGO LLC regarding the use of the Hubs and supersede all prior understandings related to the Hubs. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.

Back to HOME
Back to FORUMS
|