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<br> Privacy Statement






























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Privacy Statement

Thank you for visiting a website, mobile app or other online service (“Service”) that belongs to Us and is operated by Henkel Corporation or one of its subsidiary or affiliated companies ("Henkel", “Us”, “We”, “Our”).  This Privacy Statement outlines the information Henkel may be collecting and how We use and protect that information.

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Click here to view Our Terms of Use. California residents, see Section 12A to view your California privacy rights.

Effective as of:  November 14, 2017

1. Scope

This Privacy Statement applies to your use of any Service (e.g., website, mobile app or internet-connected product) that posts a link to, or otherwise provides notice of the applicability of, this Privacy Statement, regardless of how you access or use it. It does not apply to information We obtain in Our capacity as an employer except with respect to employment applications and inquiries received via the Service. This Privacy Statement applies to Our collection, use and disclosure of information about you through the Service and does not apply to Our activities off of the Service or third party websites accessible via hyperlinks found on a Henkel Service.

For certain aspects of the Service, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By using Our Service in any way, such as browsing or interacting, you signify that you agree with the terms of Our current Privacy Statement as posted here and Our Service Terms of Use found here. If you do not consent to Our practices as described in this Privacy Statement, you may and should not use Our Service.

2.  Revisions

Henkel reserves the right to change this Privacy Statement prospectively effective upon the posting of the revised Privacy Statement and your use of the Service indicates your consent to the privacy statement posted at the time of use.  However, We will not use your previously collected Henkel-Collected PI (defined below), to the extent it is not collected under the new privacy statement, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Statement is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

3. Information Collected

You can visit Our Service without telling Us who you are or revealing personal information about yourself, however, doing so may render certain Henkel service’s unavailable to you. You may, however, choose to provide (“Personal Information”) (defined as information that identifies you personally, such as your first and last name, e-mail address, phone number, address, and full payment account number).

The types of information that Henkel may collect about you include, but are not limited to:

  • Contact information (such as name, address, city, state, province/territory, Postal/ZIP code, email address and telephone number).
  • Product preferences.
  • Demographic information” such as age range, gender, date of birth, marital status, Postal/ZIP code, and household composition). Except to the extent required by applicable law, Demographic Information is “non-Personal Information” (i.e., data that is not Personal Information under this Privacy Statement).
  • Usage Information” such as IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Henkel with Personal Information, Henkel does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Henkel-Collected PI.
  • Social Security Number (“SSN”)(in limited circumstances Henkel may collect SSN, for example if you win a sweepstakes or receive compensation that must be reported for government tax purposes).
  • Photographs and videos (e.g., that are submitted by customers via websites such as part of contests or sweepstakes).
  • Employment application information (such as SSN, Driver’s license, financial information, background screening, and gender or race [as permitted by law]).

If you choose to participate in the Service activities such as website registrations, contests, sweepstakes, questionnaires, surveys, consumer service contacts, product purchases, mobile applications, social media platforms, or through Our Career Center or employment inquiries, Henkel will collect the Personal Information that you provide (“Henkel-Collected PI”). We may enhance or merge the information that you provide to Us directly with information from other sources, including third parties for the purposes described below. To the extent any information is combined by or on behalf of Henkel with Henkel-Collected-PI, Henkel will treat the combined data as Henkel-Collected PI under this Privacy Statement.

4. Information Use

We collect, maintain and use your Henkel-Collected-PI, other Personal Information, and other information, for purposes not inconsistent with this Privacy Statement or any written statements We make at the time of collection, such as for:

  • establishing and verifying the identity and eligibility of users;
  • uploading and displaying your postings and similar submitted content (“User Generated Content” or “UGC”). (For more information on how UGC is treated under the Service’s Terms of Use click here [Section 6 of ToU]. For more on the public nature of UGC, see Section 5);
  • opening, maintaining, administering and servicing users profiles, accounts or memberships;
  • processing, servicing or enforcing transactions and sending related communications;
  • providing products, services and support to users;
  • conducting sweepstakes, surveys and contests, and providing the results thereof;
  • operating and improving the Service, including tailoring it to users' preferences;
  • providing users with product or service updates;
  • sending promotional notices, offers or other targeted marketing, and other information;
  • responding to your questions, inquiries, comments and instructions;
  • maintaining the security and integrity of Our systems;
  • understanding consumer preferences across multiple brands;
  • maintaining customer relationships;
  • evaluating product performance and safety;
  • complying with policies, procedures and legal requirements; and
  • improving or products and services and Our other business purposes.

Information that you provide when applying for a job or an internship via Our Careers Center is used to provide you with information about employment opportunities, to administer the application process and consider you for employment. Where applicable, in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, We may ask you to provide Us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide Us with such information, We may submit that information, to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints. 

5. Information You Disclose Publicly or to Others

The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information.  If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including Henkel.  Notwithstanding anything to the contrary, and subject to the applicable law, unless otherwise explicitly agreed by Us, Personal Information included in UGC is not subject to Henkel’s usage or sharing limitations, or other obligations, regarding Henkel-Collected-PI or other Personal Information under this Privacy Statement or otherwise, and may be used and shared by Henkel and third parties to the fullest extent not prohibited by applicable law.  Henkel encourages you to exercise caution when making decisions about what you disclose in such public areas.  For more information on how UGC is treated under the Service’s Terms of Use click here [Section 6 of ToU].

Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Henkel relies on you to only send to people that have given you permission to do so.  The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Henkel for any other marketing purpose unless Henkel obtains consent from that person. Your full name, contact information and message may be included in the communication.  For residents of Canada, you may only provide us with the contact information of friends with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors. You may only provide email addresses of family members to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had direct voluntary two way communications.

6. Technology Logging, Cookies, and Related Techniques

When you interact with Our Service, your browser or device may communicate with the technology that We use as part of Our Service. For example, as you use Our Service, your browser communicates with Our technology, which in turn keeps records of your interactivity and requests for services and content to assist Us in managing and improving the utility of Our Service, and to conduct research and analysis on its use. The types of such Usage Information may include your Internet Protocol (IP) address, browser type, URL, requests made, pages visited, activities conducted on the page, day and time of visit and related technical usage information.

Cookies and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior, to authenticate you to the Service, to analyze how the Service is used, to link information about how you use the Service with your account, and to help tailor Our services. We use these technical means and so do Our Affiliates, business partners, and Service Providers. To help Us measure Service activity and provide a better user experience, We may allow Our Service Providers or business partners to compile information such as that identified above from Tracking Technologies. We may also allow Our third party advertising and personalization partners to collect and use this information to develop personalized content and appropriate advertising (including for companies not affiliated with Us) based on your visits over time on Henkel and non-Henkel websites, apps and other online services. You may see these advertisements on other websites, apps and online services. This information may also be used to evaluate Our and third party online advertising campaigns or to tailor promotions and other marketing messages to you on Our Service and other websites apps and online services.

A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices. Other types of Tracking Technologies may include web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, and in-app tracking methods. See Section 11 regarding certain choices regarding these activities.

7. Data Sharing and Storage

Henkel may disclose your information to third parties to the extent not inconsistent with this Privacy Statement or other written statements made by Us at the time of collection, and not prohibited by applicable law, including without limitation as follows:

  • Henkel’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including, without limitation, Henkel-Collected-PI and other Personal Information, Demographic Information, and Usage Information, in connection with their work on Henkel’s behalf, provided however, Henkel does not authorize its Service Providers to use Henkel-Collected-PI to send you direct marketing messages other than related to Henkel and Henkel Affiliates absent your consent. For more information on choices Service Providers may offer you see Section 11.
  • We reserve the right to release your Henkel-Collected-PI and other Personal Information if required to do so by law, search warrant, subpoena, court order or upon request of government authorities.
  • We may provide your Henkel-Collected-PI and other Personal Information, and other information, to third parties in connection with the reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Our business, assets, or stock, including any such activities associated with a bankruptcy or similar proceeding.
  • Henkel may share your Personal Information with its affiliated companies and subsidiaries (“Affiliates”), and other third parties, some of which may be located outside of the United States, for marketing and other business activities, subject to certain rights of residents of California and Connecticut  [see Section 12].

Your Personal Information may be stored for a reasonable amount of time in Henkel databases, some of which are located outside of the United States and Canada, and will be automatically transferred to these databases for storage and maintenance. The Service is based in the U.S., intended for residents of the U.S. and Canada and for persons outside Canada, the information Henkel and its Service Providers collect via the Service is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence and provide a lower level of consumer protection, and information transferred to the U.S. may be accessed by U.S. governments and law enforcement in accordance with U.S. laws. Your use of the Service, or provision of any information via the Service, therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Statement.

8.  Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics

The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technologies to independently collect information about you and may solicit Personal Information from you.  Henkel is not responsible for the privacy practices or the content of the Third-Party Services. Please note that the privacy statements applicable to such Third-Party Services may differ significantly from the Henkel Privacy Statement, so We advise you to read them carefully before using those services. You agree that Henkel shall not be held liable for any actions by or content of such Third-Party Services.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third party social networks (“Social Features”).  Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Henkel’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service).  If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Henkel or other Henkel Affiliates in a tweet or status update), you agree that your post may be used on or in connection with the Service or otherwise by Henkel or other Henkel Affiliates. Also, both Henkel and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

Henkel may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services.  Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a Third-Party Service after you have left the Service (i.e., “retargeting”).  As an example, the Service may employ a “DoubleClick id-Cookie,” which may assign a pseudonymized identifier to, among other things, track DoubleClick advertising. DoubleClick is a service provided by Google. For information on your ability to opt-out of Interest-based Advertising see section 11 below.

Henkel may use Google Analytics, Adobe Analytics or other Service Providers for analytics services.  These analytics services may use cookies and other Tracking Technologies to help Henkel analyze Service users and how they use the Service.  Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage. 

Except to the extent We combine information We receive from Service Providers, Third-Party Services, or other third parties with Henkel-Collected PI, in which case Henkel will treat the combined information as Henkel-Collected PI under this Privacy Statement, data obtained by Henkel from a third party, even in association with the Service, is not subject to Henkel’s limitations regarding Henkel-Collected PI under this Privacy Statement, however such data remains subject to any restrictions imposed on Henkel by the third party, if any.  Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Henkel, the types of information shared, and your choices on what is visible to others on Third-Party Services.    

Henkel is not responsible for and makes no representations regarding the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use.  See Section 11 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

9. Security and Monitoring

Henkel will take reasonable precautions to protect your Personal Information (excluding public UGC) from loss, misuse or alteration.  Personal Information may be accessed by persons within Our organization, or Our third party service providers, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law. Please be aware, however, that any email or other transmission you send through the Internet cannot be completely protected against unauthorized interception and that the internet and online digital storage are not completely secure and We do not guarantee the security of your information collected through the Service.

To help protect you and others, We and Our Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Henkel-Collected PI and other Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Statement, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of the Service; ensure compliance with the Terms of Use and this Privacy Statement; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of Henkel, our Affiliates third parties, and other users.  Monitoring may result in the collection, recording, and analysis of online activity or communications through Our Service.  If you do not consent to these conditions, you must discontinue your use of the Service.

10. Children

The Service is intended for a general audience and not directed to children less than 13 years of age. Henkel does not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If We obtain knowledge that We have collected Children’s Personal Information in a manner not permitted by COPPA or other applicable law, We will remove such data to the extent required by COPPA or such other applicable law.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting Henkel here detailing where the content or information is posted and attesting that you posted it. Henkel will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that Henkel does not control.

11. Your Choices Regarding Your Personal Information

A. Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Henkel currently does not alter Henkel’s practices when Henkel receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but We are not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on Our Site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Henkel is not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

B. Analytics and Advertising Tracking Technologies

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled “Tell Our customers not to measure your use of their websites or tailor their online ads for you.” You may exercise choices regarding the use of cookies from Google DoubleClick by going to http://www.google.com/settings/ads?hl=en&sig=ACi0TCgXcUy18Z6Kz1pyakm7pX-B1M877ZOZM4fyhX3MaQy-Iki2ybWNEgma-KMfvA7dEIUaKxnTeqojTguFHK3SeHycKTZ1Ew. Henkel is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

You may choose whether to receive some Interest-based Advertising by submitting opt-outs to industry programs. Some of the advertisers and Service Providers that perform advertising-related services for Us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Some companies also provide a specific opportunity to opt-out. For information on the Interest-based Advertising choices offered by DoubleClick, see here. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your browser-based opt-out may not, or may no longer, be effective. Henkel supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Henkel directly engages to serve you Interest-based Advertising will do so as well, though Henkel cannot guaranty their compliance. Henkel is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

C. Mobile Apps

With respect to Henkel’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app.  Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/phots, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to wi-fi, Bluetooth, beacons, or Our networks) may persist.  See also the prior section regarding the DAA’s mobile Interest-based Advertising choices.

D. Communications

You can opt out of receiving certain promotional communications (emails or text messaging) from Henkel at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages from Henkel to text the word, “STOP”; and (iii) for app push notifications turn off push notifications on the settings of your device and/or the app, as applicable.  Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions.  If you opt-out of only certain communications, other subscription communications may continue.  Even if you opt out of receiving promotional communications, Henkel may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Our ongoing business relations.  

E. Careers Center

If you have created a resume using Our Careers Center you may access, review, correct, update, change or delete your account profile information or resume at any time. Simply log into your account, go to your profile or resume, and make the necessary changes. You may delete your resume from Our online database at any time by accessing your account; provided, however, that We reserve the right to maintain a copy (a) as required by applicable law; and (b) for so long as reasonably necessary for record keeping purposes except to the extent prohibited by applicable law.

12. States Rights

A.             California Rights: Henkel provides California residents with the option to opt-in or opt-out to sharing of “personal information” as defined by California’s “Shine the Light” law with third parties, other than Henkel Affiliates, for such third parties own direct marketing purposes.  California residents may exercise that opt-out, and/or request information about Henkel’s compliance with the Shine the Light law, and obtain disclosure of third parties Henkel has shared information in accordance with the law for their direct marketing purposes absent your choice and the categories of information shared, by contacting Henkel here or by sending a letter to Henkel at:

Attention: Henkel Privacy Inquiries
Communications Department
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067

Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that Henkel is only required to respond to one request per customer each year, and Henkel is not required to respond to requests made by means other than through the provided e-mail address or mail address.

B.            Connecticut Rights: Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly.  It is Our policy to protect the confidentiality of Social Security numbers in Our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure.  Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.

13. Mobile Applications Privacy Statement

Henkel has developed certain mobile applications that you may download to your mobile device. When you download a mobile application there may be an opportunity for you to provide Us with or for Us to obtain information about you such as contact information, product preferences, photographs, or other information. In addition, We may obtain information about the mobile device, such as device ID and operating system, and app usage. Information obtained through a mobile application will be used in accordance with this Privacy Statement and may be subject to additional terms posted within the mobile application.

14. Accessing and Changing Information

Henkel may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Henkel-Collected PI, and potentially certain other information about you (e.g., profile and account information). You may also request access to your Personal Information and to request a correction to it if you believe it is inaccurate using the contact information provided below. We may require you to verify your identity before allowing you to access your information. Henkel will make good faith efforts to make requested changes in Henkel’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Henkel’s databases Further, We reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

15. Questions

Please send Us your questions or comments regarding Our privacy practices by emailing Us at PrivacyNA@henkel.com, or sending Us a letter addressed to:

Henkel Privacy Inquiries
Compliance Officer
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067

//End Privacy Statement of November 14, 2017// 















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New Terms of Use

Effective Date: November 14, 2017

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Introduction

Thank you for visiting a website, mobile app or other online service (“Service”) that belongs to and is operated by Henkel Corporation or one of its subsidiary or affiliated companies ("Henkel", “Us”, “We”, “Our”)

These Terms of Use (“Terms”) affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Henkel’s liability to you and require you to indemnify us and, in certain jurisdictions, to settle certain disputes through individual arbitration.

By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them.  You also acknowledge, agree and consent to Our data practices as described in Our Privacy Statement.

If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained [Section 13].

Full Terms of Use

1. Ownership and Operation

The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Henkel, Our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Henkel, Our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  Henkel owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  Henkel, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Henkel’s sole discretion, and without advance notice or liability.

2. Intended Geographic Scope

The Service and its Content are controlled from within the United States of America and Canada. Access to the Service from territories where its Content is illegal is prohibited. Those who choose to access the Service from outside the United States and Canada are responsible for compliance with all local laws applicable to them with respect to the Content and operation of the Service. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by U.S. and Canadian law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. and/or Canadian export controls or sanctions.
The brands / products shown on the Service are examples of the brands / products available from companies of Henkel worldwide. Henkel does not warrant that a brand / product shown is also available in your country.

3. Privacy

By visiting or otherwise using the Service in any manner, you agree to the then posted Privacy Statement and consent to data practices as described therein.

 4. Limited Permission to Access and Use the Service

It is Henkel policy to enforce its Intellectual Property rights to the fullest extent of the law, including seeking criminal sanctions. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by Us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Henkel Licensed Elements”):

A.    Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

B.    Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;

C.    Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post Our content to Third-Party Services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on Us, and only send to recipients you have permission to contact;

D.    If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;

E.    Download, install and use one copy of any software, including apps, that We make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Henkel does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Henkel  and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software,  except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Henkel: (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

F.    If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;

G.    Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Henkel names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Henkel or cause any other confusion, and (c) the links and the content on your website do not portray Henkel or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Henkel. Henkel reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party, and;

H.    Use any other functionality expressly provided by Henkel on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms. 

Any unauthorized use or abuse of these intellectual property or works is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.

5. Service and Content Restrictions

A.    Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Henkel; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Henkel, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B.    Content Use Restrictions.  You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of Our or Our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted by Us, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Henkel or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.

6. User-Generated Content

A.    General.  Henkel may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to Our pages or posts on any third-party platforms or in connection with any of Our promotions by any media or manner, or otherwise submit to Us (e.g., on Our Facebook or other social media pages, in response to Our tweets, through a sweepstakes or contest, or by otherwise sending it to Us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Henkel Licensed Elements included therein, “User-Generated Content” or “UGC”).  You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact Us tools, email, and other communications functionality.  Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

B.    Non-Confidentiality of Your User-Generated Content.  Except as otherwise described in the Service’s posted Privacy Statement, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by Us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Henkel does not assume any obligation of any kind to you or any third-party with respect to your UGC.  Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms.  You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk. 

In your communications with Henkel, please keep in mind that We do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to Us as set forth below.  In addition, Henkel retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Henkel’s receipt of your Unsolicited Ideas and Materials is not an admission by Henkel of their novelty, priority, or originality, and it does not impair Henkel’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

C.    License to Henkel of Your UGC.  Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in Our Privacy Statement, you hereby grant Henkel the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to Henkel to your UGC, you also, as permitted by applicable law, hereby grant to Henkel and agree to grant to Henkel the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution, anonymity, and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(c).

D.    Henkel’s Exclusive Right to Manage Our Service.  Henkel may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Henkel may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with Our operation of UGC venues in an appropriate manner.  Without limitation, We may do so to address content that comes to Our attention that We believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.  Such UGC submitted by you or others need not be maintained on the Service by Us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Statement.

E.    Representations and Warranties Related to Your UGC.  Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Henkel the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Henkel obligation to obtain consent of any third-party and without creating any obligation or liability of Henkel (b) the UGC is accurate; (c) the UGC does not and, as to Henkel’s permitted uses and exploitation set forth in these Terms, will not, infringe any intellectual property or other right of any third-party or any applicable law or regulation; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

F.    Enforcement.  Henkel has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant Us the right to protect and enforce Our rights to your UGC, including initiating actions in your name and on your behalf (at Henkel’s cost and expense, to which you hereby consent and irrevocably appoint Henkel as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).  

7. DMCA Copyright Policy and Copyright Agent

Henkel respects the Intellectual Property rights of others and expects users of its Service to do the same.  Henkel may remove content that in its sole discretion appears to infringe the Intellectual Property rights of others.  In addition, Henkel, in its sole and absolute discretion, may terminate the accounts of users who infringe the Intellectual Property rights of others.
If you believe that a user of the Service has infringed your copyright rights, please notify Henkel’s Copyright Agent (contact information below) and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright right; (b) an identification of the copyright protected property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that We may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyright(s) involved.


Copyright Agent
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067
860/571-2661
CopyrightAgent@henkel.com

8. Links and Third-Party Services

We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”).  For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that We do not control.  Similarly, We may make ads and third-party content or services, which We also may not control, available to you on or via Our Service.  This may include the ability to register or sign in to Our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on Our Services.  Use caution when dealing with third parties and consult their terms of use and privacy policies.  We take no responsibility for Third-Party Services. In addition, while Henkel may provide you with a link to a third party web site, it is understood that Henkel does not endorse, approve, sponsor or support such sites.
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.  If you access Our Apps via Apple, click here for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.

9. Disclaimer of Warranties

We strive to accurately describe Our products or services offered on the Service; however, We do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free and products may not be available in all areas.  For online orders, if available, Additional Terms apply. 

AS PERMITTED BY APPLICABLE LAW, THE MATERIALS AND INFORMATION ON THE SERVICE, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENKEL AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “HENKEL PARTIES”)  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AS PERMITTED BY APPLICABLE LAW, HENKEL PARTIES DISCLAIM ALL LIABILITY AND ASSUME NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SERVICE OR FROM ITS OPERATION. HENKEL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER´S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT HENKEL) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL HENKEL PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THE SERVICE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE IN THE SERVICE.  THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A HENKEL PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID HENKEL IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF HENKEL PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

11. Arbitration and Dispute Terms

A.    Forum Selection/Jurisdiction.  For users for are not individual residents of the province of Quebec, Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Wilmington, Delaware. Each party submits to personal jurisdiction and venue in Wilmington, Delaware for any and all purposes.

B.    Pre-Arbitration Notification.  Henkel and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Henkel need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Henkel – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Henkel is making a claim, the letter shall be sent, via email, to the email address listed in your Henkel account, if applicable. If no such information exists or if such information is not current, then We have no notification or delay obligations under this Section 11(b).  If you are making a claim, the letter shall be sent to Henkel Corporation, One Henkel Way, Rocky Hill, CT 06067 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 11, or permitted by the applicable law. Either you or Henkel however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 11(d)) before the expiration of this sixty (60)-day period.

C.    Arbitration of Claims.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware before a single arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  We may have the right to pay the JAMS fees if required for arbitration to be enforceable.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in the state of Delaware  or, if sought by Henkel such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Wilmington, Delaware or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. 

D.    Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICE, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HENKEL PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY HENKEL PARTY. 

E.    Governing Law.  For users for are not individual residents of the province of Quebec, these Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Henkel or by Henkel against you pursuant to this Section 11, or otherwise related to the Service, Content, Henkel Licensed Elements, UGC or other Henkel products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.  This Section 11 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Henkel agree that We intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 11 can only be amended by mutual agreement.  Either party may seek enforcement of this Section 11 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.  

F.    Class Action Waiver.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, both you and Henkel waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 11 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

G.    Jury Waiver.  AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

H.    Small Claims Matters.  Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 11(f).

I.    Supersede. The provisions of this Section 11 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 11 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

12. Downloaded Software

If you download software from the Service, the software and all files, images and data relating to the software is subject to the license terms in the software license that accompanies or is provided with the software. You may only use the software pursuant to the terms of such software license. You do not own the downloaded software, and Henkel does not transfer ownership of the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

13. Update to Terms

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use this  SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised or additional terms by discontinuing use of the Service.

14. Forward-looking Statements

The Service may contain statements that involve Henkel´s intentions, expectations or predictions. Such statements reflect the views of Henkel as of the date made with respect to future events and are subject to risks and uncertainties. These statements could be inaccurate or could become inaccurate as a result of developments occurring after their respective dates. Henkel disclaims any intention or obligation to update or revise these statements.

15. Severability/No Waiver, Entire Agreement

If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Henkel to enforce these Terms shall constitute a waiver of any of Henkel´s rights under these Terms, whether for past or future actions on the part of any person. These Terms shall be the entire agreement between Henkel and you with respect to the subject matter hereto, and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Terms will be binding unless provided as an update by Henkel to this document, or signed in writing by an authorized officer of  Henkel.

// End Terms Effective as of:  September 19, 2017













<br> Terms of use






























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New Terms of Use

Effective Date: November 14, 2017

        <div>

Introduction

Thank you for visiting a website, mobile app or other online service (“Service”) that belongs to and is operated by Henkel Corporation or one of its subsidiary or affiliated companies ("Henkel", “Us”, “We”, “Our”)

These Terms of Use (“Terms”) affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Henkel’s liability to you and require you to indemnify us and, in certain jurisdictions, to settle certain disputes through individual arbitration.

By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them.  You also acknowledge, agree and consent to Our data practices as described in Our Privacy Statement.

If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained [Section 13].

Full Terms of Use

1. Ownership and Operation

The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Henkel, Our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Henkel, Our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  Henkel owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  Henkel, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Henkel’s sole discretion, and without advance notice or liability.

2. Intended Geographic Scope

The Service and its Content are controlled from within the United States of America and Canada. Access to the Service from territories where its Content is illegal is prohibited. Those who choose to access the Service from outside the United States and Canada are responsible for compliance with all local laws applicable to them with respect to the Content and operation of the Service. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by U.S. and Canadian law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. and/or Canadian export controls or sanctions.
The brands / products shown on the Service are examples of the brands / products available from companies of Henkel worldwide. Henkel does not warrant that a brand / product shown is also available in your country.

3. Privacy

By visiting or otherwise using the Service in any manner, you agree to the then posted Privacy Statement and consent to data practices as described therein.

 4. Limited Permission to Access and Use the Service

It is Henkel policy to enforce its Intellectual Property rights to the fullest extent of the law, including seeking criminal sanctions. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by Us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Henkel Licensed Elements”):

A.    Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

B.    Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;

C.    Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post Our content to Third-Party Services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on Us, and only send to recipients you have permission to contact;

D.    If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;

E.    Download, install and use one copy of any software, including apps, that We make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Henkel does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Henkel  and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software,  except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Henkel: (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

F.    If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;

G.    Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Henkel names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Henkel or cause any other confusion, and (c) the links and the content on your website do not portray Henkel or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Henkel. Henkel reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party, and;

H.    Use any other functionality expressly provided by Henkel on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms. 

Any unauthorized use or abuse of these intellectual property or works is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.

5. Service and Content Restrictions

A.    Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Henkel; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Henkel, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B.    Content Use Restrictions.  You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of Our or Our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted by Us, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Henkel or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.

6. User-Generated Content

A.    General.  Henkel may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to Our pages or posts on any third-party platforms or in connection with any of Our promotions by any media or manner, or otherwise submit to Us (e.g., on Our Facebook or other social media pages, in response to Our tweets, through a sweepstakes or contest, or by otherwise sending it to Us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Henkel Licensed Elements included therein, “User-Generated Content” or “UGC”).  You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact Us tools, email, and other communications functionality.  Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

B.    Non-Confidentiality of Your User-Generated Content.  Except as otherwise described in the Service’s posted Privacy Statement, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by Us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Henkel does not assume any obligation of any kind to you or any third-party with respect to your UGC.  Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms.  You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk. 

In your communications with Henkel, please keep in mind that We do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to Us as set forth below.  In addition, Henkel retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Henkel’s receipt of your Unsolicited Ideas and Materials is not an admission by Henkel of their novelty, priority, or originality, and it does not impair Henkel’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

C.    License to Henkel of Your UGC.  Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in Our Privacy Statement, you hereby grant Henkel the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to Henkel to your UGC, you also, as permitted by applicable law, hereby grant to Henkel and agree to grant to Henkel the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution, anonymity, and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(c).

D.    Henkel’s Exclusive Right to Manage Our Service.  Henkel may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Henkel may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with Our operation of UGC venues in an appropriate manner.  Without limitation, We may do so to address content that comes to Our attention that We believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.  Such UGC submitted by you or others need not be maintained on the Service by Us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Statement.

E.    Representations and Warranties Related to Your UGC.  Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Henkel the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Henkel obligation to obtain consent of any third-party and without creating any obligation or liability of Henkel (b) the UGC is accurate; (c) the UGC does not and, as to Henkel’s permitted uses and exploitation set forth in these Terms, will not, infringe any intellectual property or other right of any third-party or any applicable law or regulation; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

F.    Enforcement.  Henkel has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant Us the right to protect and enforce Our rights to your UGC, including initiating actions in your name and on your behalf (at Henkel’s cost and expense, to which you hereby consent and irrevocably appoint Henkel as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).  

7. DMCA Copyright Policy and Copyright Agent

Henkel respects the Intellectual Property rights of others and expects users of its Service to do the same.  Henkel may remove content that in its sole discretion appears to infringe the Intellectual Property rights of others.  In addition, Henkel, in its sole and absolute discretion, may terminate the accounts of users who infringe the Intellectual Property rights of others.
If you believe that a user of the Service has infringed your copyright rights, please notify Henkel’s Copyright Agent (contact information below) and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright right; (b) an identification of the copyright protected property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that We may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyright(s) involved.


Copyright Agent
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067
860/571-2661
CopyrightAgent@henkel.com

8. Links and Third-Party Services

We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”).  For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that We do not control.  Similarly, We may make ads and third-party content or services, which We also may not control, available to you on or via Our Service.  This may include the ability to register or sign in to Our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on Our Services.  Use caution when dealing with third parties and consult their terms of use and privacy policies.  We take no responsibility for Third-Party Services. In addition, while Henkel may provide you with a link to a third party web site, it is understood that Henkel does not endorse, approve, sponsor or support such sites.
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.  If you access Our Apps via Apple, click here for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.

9. Disclaimer of Warranties

We strive to accurately describe Our products or services offered on the Service; however, We do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free and products may not be available in all areas.  For online orders, if available, Additional Terms apply. 

AS PERMITTED BY APPLICABLE LAW, THE MATERIALS AND INFORMATION ON THE SERVICE, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENKEL AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “HENKEL PARTIES”)  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AS PERMITTED BY APPLICABLE LAW, HENKEL PARTIES DISCLAIM ALL LIABILITY AND ASSUME NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SERVICE OR FROM ITS OPERATION. HENKEL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER´S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT HENKEL) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL HENKEL PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THE SERVICE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE IN THE SERVICE.  THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A HENKEL PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID HENKEL IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF HENKEL PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

11. Arbitration and Dispute Terms

A.    Forum Selection/Jurisdiction.  For users for are not individual residents of the province of Quebec, Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Wilmington, Delaware. Each party submits to personal jurisdiction and venue in Wilmington, Delaware for any and all purposes.

B.    Pre-Arbitration Notification.  Henkel and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Henkel need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Henkel – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Henkel is making a claim, the letter shall be sent, via email, to the email address listed in your Henkel account, if applicable. If no such information exists or if such information is not current, then We have no notification or delay obligations under this Section 11(b).  If you are making a claim, the letter shall be sent to Henkel Corporation, One Henkel Way, Rocky Hill, CT 06067 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 11, or permitted by the applicable law. Either you or Henkel however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 11(d)) before the expiration of this sixty (60)-day period.

C.    Arbitration of Claims.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware before a single arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  We may have the right to pay the JAMS fees if required for arbitration to be enforceable.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in the state of Delaware  or, if sought by Henkel such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Wilmington, Delaware or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. 

D.    Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICE, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HENKEL PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY HENKEL PARTY. 

E.    Governing Law.  For users for are not individual residents of the province of Quebec, these Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Henkel or by Henkel against you pursuant to this Section 11, or otherwise related to the Service, Content, Henkel Licensed Elements, UGC or other Henkel products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.  This Section 11 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Henkel agree that We intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 11 can only be amended by mutual agreement.  Either party may seek enforcement of this Section 11 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.  

F.    Class Action Waiver.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, both you and Henkel waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 11 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

G.    Jury Waiver.  AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

H.    Small Claims Matters.  Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 11(f).

I.    Supersede. The provisions of this Section 11 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 11 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

12. Downloaded Software

If you download software from the Service, the software and all files, images and data relating to the software is subject to the license terms in the software license that accompanies or is provided with the software. You may only use the software pursuant to the terms of such software license. You do not own the downloaded software, and Henkel does not transfer ownership of the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

13. Update to Terms

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use this  SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised or additional terms by discontinuing use of the Service.

14. Forward-looking Statements

The Service may contain statements that involve Henkel´s intentions, expectations or predictions. Such statements reflect the views of Henkel as of the date made with respect to future events and are subject to risks and uncertainties. These statements could be inaccurate or could become inaccurate as a result of developments occurring after their respective dates. Henkel disclaims any intention or obligation to update or revise these statements.

15. Severability/No Waiver, Entire Agreement

If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Henkel to enforce these Terms shall constitute a waiver of any of Henkel´s rights under these Terms, whether for past or future actions on the part of any person. These Terms shall be the entire agreement between Henkel and you with respect to the subject matter hereto, and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Terms will be binding unless provided as an update by Henkel to this document, or signed in writing by an authorized officer of  Henkel.

// End Terms Effective as of:  September 19, 2017












PrivacyDisclosureAbout UsTermsDO NOT SELL MY PERSONAL INFORMATIONContact Us


<br> Privacy Statement






























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Privacy Statement

Thank you for visiting a website, mobile app or other online service (“Service”) that belongs to Us and is operated by Henkel Corporation or one of its subsidiary or affiliated companies ("Henkel", “Us”, “We”, “Our”).  This Privacy Statement outlines the information Henkel may be collecting and how We use and protect that information.

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Click here to view Our Terms of Use. California residents, see Section 12A to view your California privacy rights.

Effective as of:  November 14, 2017

1. Scope

This Privacy Statement applies to your use of any Service (e.g., website, mobile app or internet-connected product) that posts a link to, or otherwise provides notice of the applicability of, this Privacy Statement, regardless of how you access or use it. It does not apply to information We obtain in Our capacity as an employer except with respect to employment applications and inquiries received via the Service. This Privacy Statement applies to Our collection, use and disclosure of information about you through the Service and does not apply to Our activities off of the Service or third party websites accessible via hyperlinks found on a Henkel Service.

For certain aspects of the Service, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By using Our Service in any way, such as browsing or interacting, you signify that you agree with the terms of Our current Privacy Statement as posted here and Our Service Terms of Use found here. If you do not consent to Our practices as described in this Privacy Statement, you may and should not use Our Service.

2.  Revisions

Henkel reserves the right to change this Privacy Statement prospectively effective upon the posting of the revised Privacy Statement and your use of the Service indicates your consent to the privacy statement posted at the time of use.  However, We will not use your previously collected Henkel-Collected PI (defined below), to the extent it is not collected under the new privacy statement, in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Statement is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

3. Information Collected

You can visit Our Service without telling Us who you are or revealing personal information about yourself, however, doing so may render certain Henkel service’s unavailable to you. You may, however, choose to provide (“Personal Information”) (defined as information that identifies you personally, such as your first and last name, e-mail address, phone number, address, and full payment account number).

The types of information that Henkel may collect about you include, but are not limited to:

  • Contact information (such as name, address, city, state, province/territory, Postal/ZIP code, email address and telephone number).
  • Product preferences.
  • Demographic information” such as age range, gender, date of birth, marital status, Postal/ZIP code, and household composition). Except to the extent required by applicable law, Demographic Information is “non-Personal Information” (i.e., data that is not Personal Information under this Privacy Statement).
  • Usage Information” such as IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Henkel with Personal Information, Henkel does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Henkel-Collected PI.
  • Social Security Number (“SSN”)(in limited circumstances Henkel may collect SSN, for example if you win a sweepstakes or receive compensation that must be reported for government tax purposes).
  • Photographs and videos (e.g., that are submitted by customers via websites such as part of contests or sweepstakes).
  • Employment application information (such as SSN, Driver’s license, financial information, background screening, and gender or race [as permitted by law]).

If you choose to participate in the Service activities such as website registrations, contests, sweepstakes, questionnaires, surveys, consumer service contacts, product purchases, mobile applications, social media platforms, or through Our Career Center or employment inquiries, Henkel will collect the Personal Information that you provide (“Henkel-Collected PI”). We may enhance or merge the information that you provide to Us directly with information from other sources, including third parties for the purposes described below. To the extent any information is combined by or on behalf of Henkel with Henkel-Collected-PI, Henkel will treat the combined data as Henkel-Collected PI under this Privacy Statement.

4. Information Use

We collect, maintain and use your Henkel-Collected-PI, other Personal Information, and other information, for purposes not inconsistent with this Privacy Statement or any written statements We make at the time of collection, such as for:

  • establishing and verifying the identity and eligibility of users;
  • uploading and displaying your postings and similar submitted content (“User Generated Content” or “UGC”). (For more information on how UGC is treated under the Service’s Terms of Use click here [Section 6 of ToU]. For more on the public nature of UGC, see Section 5);
  • opening, maintaining, administering and servicing users profiles, accounts or memberships;
  • processing, servicing or enforcing transactions and sending related communications;
  • providing products, services and support to users;
  • conducting sweepstakes, surveys and contests, and providing the results thereof;
  • operating and improving the Service, including tailoring it to users' preferences;
  • providing users with product or service updates;
  • sending promotional notices, offers or other targeted marketing, and other information;
  • responding to your questions, inquiries, comments and instructions;
  • maintaining the security and integrity of Our systems;
  • understanding consumer preferences across multiple brands;
  • maintaining customer relationships;
  • evaluating product performance and safety;
  • complying with policies, procedures and legal requirements; and
  • improving or products and services and Our other business purposes.

Information that you provide when applying for a job or an internship via Our Careers Center is used to provide you with information about employment opportunities, to administer the application process and consider you for employment. Where applicable, in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, We may ask you to provide Us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide Us with such information, We may submit that information, to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints. 

5. Information You Disclose Publicly or to Others

The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information.  If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including Henkel.  Notwithstanding anything to the contrary, and subject to the applicable law, unless otherwise explicitly agreed by Us, Personal Information included in UGC is not subject to Henkel’s usage or sharing limitations, or other obligations, regarding Henkel-Collected-PI or other Personal Information under this Privacy Statement or otherwise, and may be used and shared by Henkel and third parties to the fullest extent not prohibited by applicable law.  Henkel encourages you to exercise caution when making decisions about what you disclose in such public areas.  For more information on how UGC is treated under the Service’s Terms of Use click here [Section 6 of ToU].

Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Henkel relies on you to only send to people that have given you permission to do so.  The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Henkel for any other marketing purpose unless Henkel obtains consent from that person. Your full name, contact information and message may be included in the communication.  For residents of Canada, you may only provide us with the contact information of friends with whom you have had direct voluntary two way communications, and with whom it is reasonable to conclude you have a personal relationship considering shared interests, experiences, opinions and other relevant factors. You may only provide email addresses of family members to whom you are related by marriage, a common-law partnership, or parent-child relationship, and with whom you have had direct voluntary two way communications.

6. Technology Logging, Cookies, and Related Techniques

When you interact with Our Service, your browser or device may communicate with the technology that We use as part of Our Service. For example, as you use Our Service, your browser communicates with Our technology, which in turn keeps records of your interactivity and requests for services and content to assist Us in managing and improving the utility of Our Service, and to conduct research and analysis on its use. The types of such Usage Information may include your Internet Protocol (IP) address, browser type, URL, requests made, pages visited, activities conducted on the page, day and time of visit and related technical usage information.

Cookies and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior, to authenticate you to the Service, to analyze how the Service is used, to link information about how you use the Service with your account, and to help tailor Our services. We use these technical means and so do Our Affiliates, business partners, and Service Providers. To help Us measure Service activity and provide a better user experience, We may allow Our Service Providers or business partners to compile information such as that identified above from Tracking Technologies. We may also allow Our third party advertising and personalization partners to collect and use this information to develop personalized content and appropriate advertising (including for companies not affiliated with Us) based on your visits over time on Henkel and non-Henkel websites, apps and other online services. You may see these advertisements on other websites, apps and online services. This information may also be used to evaluate Our and third party online advertising campaigns or to tailor promotions and other marketing messages to you on Our Service and other websites apps and online services.

A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices. Other types of Tracking Technologies may include web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, and in-app tracking methods. See Section 11 regarding certain choices regarding these activities.

7. Data Sharing and Storage

Henkel may disclose your information to third parties to the extent not inconsistent with this Privacy Statement or other written statements made by Us at the time of collection, and not prohibited by applicable law, including without limitation as follows:

  • Henkel’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including, without limitation, Henkel-Collected-PI and other Personal Information, Demographic Information, and Usage Information, in connection with their work on Henkel’s behalf, provided however, Henkel does not authorize its Service Providers to use Henkel-Collected-PI to send you direct marketing messages other than related to Henkel and Henkel Affiliates absent your consent. For more information on choices Service Providers may offer you see Section 11.
  • We reserve the right to release your Henkel-Collected-PI and other Personal Information if required to do so by law, search warrant, subpoena, court order or upon request of government authorities.
  • We may provide your Henkel-Collected-PI and other Personal Information, and other information, to third parties in connection with the reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Our business, assets, or stock, including any such activities associated with a bankruptcy or similar proceeding.
  • Henkel may share your Personal Information with its affiliated companies and subsidiaries (“Affiliates”), and other third parties, some of which may be located outside of the United States, for marketing and other business activities, subject to certain rights of residents of California and Connecticut  [see Section 12].

Your Personal Information may be stored for a reasonable amount of time in Henkel databases, some of which are located outside of the United States and Canada, and will be automatically transferred to these databases for storage and maintenance. The Service is based in the U.S., intended for residents of the U.S. and Canada and for persons outside Canada, the information Henkel and its Service Providers collect via the Service is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence and provide a lower level of consumer protection, and information transferred to the U.S. may be accessed by U.S. governments and law enforcement in accordance with U.S. laws. Your use of the Service, or provision of any information via the Service, therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Statement.

8.  Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics

The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technologies to independently collect information about you and may solicit Personal Information from you.  Henkel is not responsible for the privacy practices or the content of the Third-Party Services. Please note that the privacy statements applicable to such Third-Party Services may differ significantly from the Henkel Privacy Statement, so We advise you to read them carefully before using those services. You agree that Henkel shall not be held liable for any actions by or content of such Third-Party Services.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third party social networks (“Social Features”).  Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Henkel’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service).  If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Henkel or other Henkel Affiliates in a tweet or status update), you agree that your post may be used on or in connection with the Service or otherwise by Henkel or other Henkel Affiliates. Also, both Henkel and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

Henkel may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services.  Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a Third-Party Service after you have left the Service (i.e., “retargeting”).  As an example, the Service may employ a “DoubleClick id-Cookie,” which may assign a pseudonymized identifier to, among other things, track DoubleClick advertising. DoubleClick is a service provided by Google. For information on your ability to opt-out of Interest-based Advertising see section 11 below.

Henkel may use Google Analytics, Adobe Analytics or other Service Providers for analytics services.  These analytics services may use cookies and other Tracking Technologies to help Henkel analyze Service users and how they use the Service.  Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage. 

Except to the extent We combine information We receive from Service Providers, Third-Party Services, or other third parties with Henkel-Collected PI, in which case Henkel will treat the combined information as Henkel-Collected PI under this Privacy Statement, data obtained by Henkel from a third party, even in association with the Service, is not subject to Henkel’s limitations regarding Henkel-Collected PI under this Privacy Statement, however such data remains subject to any restrictions imposed on Henkel by the third party, if any.  Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Henkel, the types of information shared, and your choices on what is visible to others on Third-Party Services.    

Henkel is not responsible for and makes no representations regarding the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use.  See Section 11 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

9. Security and Monitoring

Henkel will take reasonable precautions to protect your Personal Information (excluding public UGC) from loss, misuse or alteration.  Personal Information may be accessed by persons within Our organization, or Our third party service providers, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law. Please be aware, however, that any email or other transmission you send through the Internet cannot be completely protected against unauthorized interception and that the internet and online digital storage are not completely secure and We do not guarantee the security of your information collected through the Service.

To help protect you and others, We and Our Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Henkel-Collected PI and other Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Statement, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of the Service; ensure compliance with the Terms of Use and this Privacy Statement; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of Henkel, our Affiliates third parties, and other users.  Monitoring may result in the collection, recording, and analysis of online activity or communications through Our Service.  If you do not consent to these conditions, you must discontinue your use of the Service.

10. Children

The Service is intended for a general audience and not directed to children less than 13 years of age. Henkel does not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If We obtain knowledge that We have collected Children’s Personal Information in a manner not permitted by COPPA or other applicable law, We will remove such data to the extent required by COPPA or such other applicable law.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting Henkel here detailing where the content or information is posted and attesting that you posted it. Henkel will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that Henkel does not control.

11. Your Choices Regarding Your Personal Information

A. Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Henkel currently does not alter Henkel’s practices when Henkel receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but We are not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on Our Site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Henkel is not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

B. Analytics and Advertising Tracking Technologies

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled “Tell Our customers not to measure your use of their websites or tailor their online ads for you.” You may exercise choices regarding the use of cookies from Google DoubleClick by going to http://www.google.com/settings/ads?hl=en&sig=ACi0TCgXcUy18Z6Kz1pyakm7pX-B1M877ZOZM4fyhX3MaQy-Iki2ybWNEgma-KMfvA7dEIUaKxnTeqojTguFHK3SeHycKTZ1Ew. Henkel is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

You may choose whether to receive some Interest-based Advertising by submitting opt-outs to industry programs. Some of the advertisers and Service Providers that perform advertising-related services for Us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Some companies also provide a specific opportunity to opt-out. For information on the Interest-based Advertising choices offered by DoubleClick, see here. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your browser-based opt-out may not, or may no longer, be effective. Henkel supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Henkel directly engages to serve you Interest-based Advertising will do so as well, though Henkel cannot guaranty their compliance. Henkel is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

C. Mobile Apps

With respect to Henkel’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app.  Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/phots, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to wi-fi, Bluetooth, beacons, or Our networks) may persist.  See also the prior section regarding the DAA’s mobile Interest-based Advertising choices.

D. Communications

You can opt out of receiving certain promotional communications (emails or text messaging) from Henkel at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages from Henkel to text the word, “STOP”; and (iii) for app push notifications turn off push notifications on the settings of your device and/or the app, as applicable.  Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions.  If you opt-out of only certain communications, other subscription communications may continue.  Even if you opt out of receiving promotional communications, Henkel may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Our ongoing business relations.  

E. Careers Center

If you have created a resume using Our Careers Center you may access, review, correct, update, change or delete your account profile information or resume at any time. Simply log into your account, go to your profile or resume, and make the necessary changes. You may delete your resume from Our online database at any time by accessing your account; provided, however, that We reserve the right to maintain a copy (a) as required by applicable law; and (b) for so long as reasonably necessary for record keeping purposes except to the extent prohibited by applicable law.

12. States Rights

A.             California Rights: Henkel provides California residents with the option to opt-in or opt-out to sharing of “personal information” as defined by California’s “Shine the Light” law with third parties, other than Henkel Affiliates, for such third parties own direct marketing purposes.  California residents may exercise that opt-out, and/or request information about Henkel’s compliance with the Shine the Light law, and obtain disclosure of third parties Henkel has shared information in accordance with the law for their direct marketing purposes absent your choice and the categories of information shared, by contacting Henkel here or by sending a letter to Henkel at:

Attention: Henkel Privacy Inquiries
Communications Department
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067

Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that Henkel is only required to respond to one request per customer each year, and Henkel is not required to respond to requests made by means other than through the provided e-mail address or mail address.

B.            Connecticut Rights: Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly.  It is Our policy to protect the confidentiality of Social Security numbers in Our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure.  Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.

13. Mobile Applications Privacy Statement

Henkel has developed certain mobile applications that you may download to your mobile device. When you download a mobile application there may be an opportunity for you to provide Us with or for Us to obtain information about you such as contact information, product preferences, photographs, or other information. In addition, We may obtain information about the mobile device, such as device ID and operating system, and app usage. Information obtained through a mobile application will be used in accordance with this Privacy Statement and may be subject to additional terms posted within the mobile application.

14. Accessing and Changing Information

Henkel may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Henkel-Collected PI, and potentially certain other information about you (e.g., profile and account information). You may also request access to your Personal Information and to request a correction to it if you believe it is inaccurate using the contact information provided below. We may require you to verify your identity before allowing you to access your information. Henkel will make good faith efforts to make requested changes in Henkel’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Henkel’s databases Further, We reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

15. Questions

Please send Us your questions or comments regarding Our privacy practices by emailing Us at PrivacyNA@henkel.com, or sending Us a letter addressed to:

Henkel Privacy Inquiries
Compliance Officer
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067

//End Privacy Statement of November 14, 2017// 















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New Terms of Use

Effective Date: November 14, 2017

        <div>

Introduction

Thank you for visiting a website, mobile app or other online service (“Service”) that belongs to and is operated by Henkel Corporation or one of its subsidiary or affiliated companies ("Henkel", “Us”, “We”, “Our”)

These Terms of Use (“Terms”) affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Henkel’s liability to you and require you to indemnify us and, in certain jurisdictions, to settle certain disputes through individual arbitration.

By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them.  You also acknowledge, agree and consent to Our data practices as described in Our Privacy Statement.

If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained [Section 13].

Full Terms of Use

1. Ownership and Operation

The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Henkel, Our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Henkel, Our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  Henkel owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  Henkel, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Henkel’s sole discretion, and without advance notice or liability.

2. Intended Geographic Scope

The Service and its Content are controlled from within the United States of America and Canada. Access to the Service from territories where its Content is illegal is prohibited. Those who choose to access the Service from outside the United States and Canada are responsible for compliance with all local laws applicable to them with respect to the Content and operation of the Service. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by U.S. and Canadian law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. and/or Canadian export controls or sanctions.
The brands / products shown on the Service are examples of the brands / products available from companies of Henkel worldwide. Henkel does not warrant that a brand / product shown is also available in your country.

3. Privacy

By visiting or otherwise using the Service in any manner, you agree to the then posted Privacy Statement and consent to data practices as described therein.

 4. Limited Permission to Access and Use the Service

It is Henkel policy to enforce its Intellectual Property rights to the fullest extent of the law, including seeking criminal sanctions. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by Us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Henkel Licensed Elements”):

A.    Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

B.    Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;

C.    Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post Our content to Third-Party Services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on Us, and only send to recipients you have permission to contact;

D.    If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;

E.    Download, install and use one copy of any software, including apps, that We make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Henkel does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Henkel  and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software,  except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Henkel: (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

F.    If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;

G.    Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Henkel names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Henkel or cause any other confusion, and (c) the links and the content on your website do not portray Henkel or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Henkel. Henkel reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party, and;

H.    Use any other functionality expressly provided by Henkel on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms. 

Any unauthorized use or abuse of these intellectual property or works is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.

5. Service and Content Restrictions

A.    Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Henkel; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Henkel, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B.    Content Use Restrictions.  You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of Our or Our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted by Us, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Henkel or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.

6. User-Generated Content

A.    General.  Henkel may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to Our pages or posts on any third-party platforms or in connection with any of Our promotions by any media or manner, or otherwise submit to Us (e.g., on Our Facebook or other social media pages, in response to Our tweets, through a sweepstakes or contest, or by otherwise sending it to Us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Henkel Licensed Elements included therein, “User-Generated Content” or “UGC”).  You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact Us tools, email, and other communications functionality.  Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

B.    Non-Confidentiality of Your User-Generated Content.  Except as otherwise described in the Service’s posted Privacy Statement, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by Us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Henkel does not assume any obligation of any kind to you or any third-party with respect to your UGC.  Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms.  You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk. 

In your communications with Henkel, please keep in mind that We do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to Us as set forth below.  In addition, Henkel retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Henkel’s receipt of your Unsolicited Ideas and Materials is not an admission by Henkel of their novelty, priority, or originality, and it does not impair Henkel’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

C.    License to Henkel of Your UGC.  Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in Our Privacy Statement, you hereby grant Henkel the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to Henkel to your UGC, you also, as permitted by applicable law, hereby grant to Henkel and agree to grant to Henkel the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution, anonymity, and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(c).

D.    Henkel’s Exclusive Right to Manage Our Service.  Henkel may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Henkel may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with Our operation of UGC venues in an appropriate manner.  Without limitation, We may do so to address content that comes to Our attention that We believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.  Such UGC submitted by you or others need not be maintained on the Service by Us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Statement.

E.    Representations and Warranties Related to Your UGC.  Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Henkel the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Henkel obligation to obtain consent of any third-party and without creating any obligation or liability of Henkel (b) the UGC is accurate; (c) the UGC does not and, as to Henkel’s permitted uses and exploitation set forth in these Terms, will not, infringe any intellectual property or other right of any third-party or any applicable law or regulation; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

F.    Enforcement.  Henkel has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant Us the right to protect and enforce Our rights to your UGC, including initiating actions in your name and on your behalf (at Henkel’s cost and expense, to which you hereby consent and irrevocably appoint Henkel as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).  

7. DMCA Copyright Policy and Copyright Agent

Henkel respects the Intellectual Property rights of others and expects users of its Service to do the same.  Henkel may remove content that in its sole discretion appears to infringe the Intellectual Property rights of others.  In addition, Henkel, in its sole and absolute discretion, may terminate the accounts of users who infringe the Intellectual Property rights of others.
If you believe that a user of the Service has infringed your copyright rights, please notify Henkel’s Copyright Agent (contact information below) and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright right; (b) an identification of the copyright protected property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that We may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyright(s) involved.


Copyright Agent
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067
860/571-2661
CopyrightAgent@henkel.com

8. Links and Third-Party Services

We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”).  For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that We do not control.  Similarly, We may make ads and third-party content or services, which We also may not control, available to you on or via Our Service.  This may include the ability to register or sign in to Our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on Our Services.  Use caution when dealing with third parties and consult their terms of use and privacy policies.  We take no responsibility for Third-Party Services. In addition, while Henkel may provide you with a link to a third party web site, it is understood that Henkel does not endorse, approve, sponsor or support such sites.
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.  If you access Our Apps via Apple, click here for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.

9. Disclaimer of Warranties

We strive to accurately describe Our products or services offered on the Service; however, We do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free and products may not be available in all areas.  For online orders, if available, Additional Terms apply. 

AS PERMITTED BY APPLICABLE LAW, THE MATERIALS AND INFORMATION ON THE SERVICE, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENKEL AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “HENKEL PARTIES”)  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AS PERMITTED BY APPLICABLE LAW, HENKEL PARTIES DISCLAIM ALL LIABILITY AND ASSUME NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SERVICE OR FROM ITS OPERATION. HENKEL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER´S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT HENKEL) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL HENKEL PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THE SERVICE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE IN THE SERVICE.  THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A HENKEL PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID HENKEL IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF HENKEL PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

11. Arbitration and Dispute Terms

A.    Forum Selection/Jurisdiction.  For users for are not individual residents of the province of Quebec, Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Wilmington, Delaware. Each party submits to personal jurisdiction and venue in Wilmington, Delaware for any and all purposes.

B.    Pre-Arbitration Notification.  Henkel and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Henkel need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Henkel – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Henkel is making a claim, the letter shall be sent, via email, to the email address listed in your Henkel account, if applicable. If no such information exists or if such information is not current, then We have no notification or delay obligations under this Section 11(b).  If you are making a claim, the letter shall be sent to Henkel Corporation, One Henkel Way, Rocky Hill, CT 06067 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 11, or permitted by the applicable law. Either you or Henkel however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 11(d)) before the expiration of this sixty (60)-day period.

C.    Arbitration of Claims.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware before a single arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  We may have the right to pay the JAMS fees if required for arbitration to be enforceable.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in the state of Delaware  or, if sought by Henkel such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Wilmington, Delaware or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. 

D.    Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICE, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HENKEL PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY HENKEL PARTY. 

E.    Governing Law.  For users for are not individual residents of the province of Quebec, these Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Henkel or by Henkel against you pursuant to this Section 11, or otherwise related to the Service, Content, Henkel Licensed Elements, UGC or other Henkel products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.  This Section 11 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Henkel agree that We intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 11 can only be amended by mutual agreement.  Either party may seek enforcement of this Section 11 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.  

F.    Class Action Waiver.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, both you and Henkel waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 11 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

G.    Jury Waiver.  AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

H.    Small Claims Matters.  Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 11(f).

I.    Supersede. The provisions of this Section 11 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 11 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

12. Downloaded Software

If you download software from the Service, the software and all files, images and data relating to the software is subject to the license terms in the software license that accompanies or is provided with the software. You may only use the software pursuant to the terms of such software license. You do not own the downloaded software, and Henkel does not transfer ownership of the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

13. Update to Terms

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use this  SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised or additional terms by discontinuing use of the Service.

14. Forward-looking Statements

The Service may contain statements that involve Henkel´s intentions, expectations or predictions. Such statements reflect the views of Henkel as of the date made with respect to future events and are subject to risks and uncertainties. These statements could be inaccurate or could become inaccurate as a result of developments occurring after their respective dates. Henkel disclaims any intention or obligation to update or revise these statements.

15. Severability/No Waiver, Entire Agreement

If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Henkel to enforce these Terms shall constitute a waiver of any of Henkel´s rights under these Terms, whether for past or future actions on the part of any person. These Terms shall be the entire agreement between Henkel and you with respect to the subject matter hereto, and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Terms will be binding unless provided as an update by Henkel to this document, or signed in writing by an authorized officer of  Henkel.

// End Terms Effective as of:  September 19, 2017













<br> Terms of use






























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New Terms of Use

Effective Date: November 14, 2017

        <div>

Introduction

Thank you for visiting a website, mobile app or other online service (“Service”) that belongs to and is operated by Henkel Corporation or one of its subsidiary or affiliated companies ("Henkel", “Us”, “We”, “Our”)

These Terms of Use (“Terms”) affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Henkel’s liability to you and require you to indemnify us and, in certain jurisdictions, to settle certain disputes through individual arbitration.

By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them.  You also acknowledge, agree and consent to Our data practices as described in Our Privacy Statement.

If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise. 

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained [Section 13].

Full Terms of Use

1. Ownership and Operation

The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Henkel, Our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Henkel, Our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.  Henkel owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  Henkel, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Henkel’s sole discretion, and without advance notice or liability.

2. Intended Geographic Scope

The Service and its Content are controlled from within the United States of America and Canada. Access to the Service from territories where its Content is illegal is prohibited. Those who choose to access the Service from outside the United States and Canada are responsible for compliance with all local laws applicable to them with respect to the Content and operation of the Service. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by U.S. and Canadian law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. and/or Canadian export controls or sanctions.
The brands / products shown on the Service are examples of the brands / products available from companies of Henkel worldwide. Henkel does not warrant that a brand / product shown is also available in your country.

3. Privacy

By visiting or otherwise using the Service in any manner, you agree to the then posted Privacy Statement and consent to data practices as described therein.

 4. Limited Permission to Access and Use the Service

It is Henkel policy to enforce its Intellectual Property rights to the fullest extent of the law, including seeking criminal sanctions. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by Us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Henkel Licensed Elements”):

A.    Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

B.    Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;

C.    Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post Our content to Third-Party Services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on Us, and only send to recipients you have permission to contact;

D.    If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;

E.    Download, install and use one copy of any software, including apps, that We make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Henkel does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Henkel  and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software,  except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Henkel: (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

F.    If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;

G.    Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Henkel names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Henkel or cause any other confusion, and (c) the links and the content on your website do not portray Henkel or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Henkel. Henkel reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party, and;

H.    Use any other functionality expressly provided by Henkel on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms. 

Any unauthorized use or abuse of these intellectual property or works is expressly prohibited and constitutes a violation of trademark law, copyright law, other intellectual property rights or unfair competition law.

5. Service and Content Restrictions

A.    Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Henkel; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Henkel, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B.    Content Use Restrictions.  You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of Our or Our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted by Us, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Henkel or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.

6. User-Generated Content

A.    General.  Henkel may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to Our pages or posts on any third-party platforms or in connection with any of Our promotions by any media or manner, or otherwise submit to Us (e.g., on Our Facebook or other social media pages, in response to Our tweets, through a sweepstakes or contest, or by otherwise sending it to Us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Henkel Licensed Elements included therein, “User-Generated Content” or “UGC”).  You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, gameplay, social communities, contact Us tools, email, and other communications functionality.  Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

B.    Non-Confidentiality of Your User-Generated Content.  Except as otherwise described in the Service’s posted Privacy Statement, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by Us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Henkel does not assume any obligation of any kind to you or any third-party with respect to your UGC.  Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms.  You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk. 

In your communications with Henkel, please keep in mind that We do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to Us as set forth below.  In addition, Henkel retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.  Henkel’s receipt of your Unsolicited Ideas and Materials is not an admission by Henkel of their novelty, priority, or originality, and it does not impair Henkel’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

C.    License to Henkel of Your UGC.  Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in Our Privacy Statement, you hereby grant Henkel the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to Henkel to your UGC, you also, as permitted by applicable law, hereby grant to Henkel and agree to grant to Henkel the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you.  Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution, anonymity, and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(c).

D.    Henkel’s Exclusive Right to Manage Our Service.  Henkel may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC, and Henkel may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with Our operation of UGC venues in an appropriate manner.  Without limitation, We may do so to address content that comes to Our attention that We believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.  Such UGC submitted by you or others need not be maintained on the Service by Us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display as provided for in the Privacy Statement.

E.    Representations and Warranties Related to Your UGC.  Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Henkel the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Henkel obligation to obtain consent of any third-party and without creating any obligation or liability of Henkel (b) the UGC is accurate; (c) the UGC does not and, as to Henkel’s permitted uses and exploitation set forth in these Terms, will not, infringe any intellectual property or other right of any third-party or any applicable law or regulation; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

F.    Enforcement.  Henkel has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant Us the right to protect and enforce Our rights to your UGC, including initiating actions in your name and on your behalf (at Henkel’s cost and expense, to which you hereby consent and irrevocably appoint Henkel as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).  

7. DMCA Copyright Policy and Copyright Agent

Henkel respects the Intellectual Property rights of others and expects users of its Service to do the same.  Henkel may remove content that in its sole discretion appears to infringe the Intellectual Property rights of others.  In addition, Henkel, in its sole and absolute discretion, may terminate the accounts of users who infringe the Intellectual Property rights of others.
If you believe that a user of the Service has infringed your copyright rights, please notify Henkel’s Copyright Agent (contact information below) and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright right; (b) an identification of the copyright protected property claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that We may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyright(s) involved.


Copyright Agent
Henkel Corporation
One Henkel Way
Rocky Hill, CT 06067
860/571-2661
CopyrightAgent@henkel.com

8. Links and Third-Party Services

We are not responsible for third parties or their content, advertisement(s), apps or sites (“Third-Party Services”).  For instance, portions of the Service may be integrated into or linked to third-party sites, platforms and apps that We do not control.  Similarly, We may make ads and third-party content or services, which We also may not control, available to you on or via Our Service.  This may include the ability to register or sign in to Our Services using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on Our Services.  Use caution when dealing with third parties and consult their terms of use and privacy policies.  We take no responsibility for Third-Party Services. In addition, while Henkel may provide you with a link to a third party web site, it is understood that Henkel does not endorse, approve, sponsor or support such sites.
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.  If you access Our Apps via Apple, click here for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.

9. Disclaimer of Warranties

We strive to accurately describe Our products or services offered on the Service; however, We do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free and products may not be available in all areas.  For online orders, if available, Additional Terms apply. 

AS PERMITTED BY APPLICABLE LAW, THE MATERIALS AND INFORMATION ON THE SERVICE, AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS IS", “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENKEL AND ITS DIRECT AND INDIRECT PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “HENKEL PARTIES”)  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AS PERMITTED BY APPLICABLE LAW, HENKEL PARTIES DISCLAIM ALL LIABILITY AND ASSUME NO RESPONSIBILITY FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SERVICE OR FROM ITS OPERATION. HENKEL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE SERVICE WILL MEET THE USER´S REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT HENKEL) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SERVICE.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, SHALL HENKEL PARTIES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THE SERVICE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE OR INFORMATION AVAILABLE IN THE SERVICE.  THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A HENKEL PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100), OR THE AMOUNT YOU HAVE PAID HENKEL IN CONNECTION WITH A PRODUCT OR SERVICE UNDERLYING THE CLAIM, AND ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF HENKEL PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY HENKEL OR ITS SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY HENKEL TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) HENKEL PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY HENKEL PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST HENKEL PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

11. Arbitration and Dispute Terms

A.    Forum Selection/Jurisdiction.  For users for are not individual residents of the province of Quebec, Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Wilmington, Delaware. Each party submits to personal jurisdiction and venue in Wilmington, Delaware for any and all purposes.

B.    Pre-Arbitration Notification.  Henkel and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Henkel need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Henkel – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Henkel is making a claim, the letter shall be sent, via email, to the email address listed in your Henkel account, if applicable. If no such information exists or if such information is not current, then We have no notification or delay obligations under this Section 11(b).  If you are making a claim, the letter shall be sent to Henkel Corporation, One Henkel Way, Rocky Hill, CT 06067 (Attn: General Counsel). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 11, or permitted by the applicable law. Either you or Henkel however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 11(d)) before the expiration of this sixty (60)-day period.

C.    Arbitration of Claims.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Delaware before a single arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  We may have the right to pay the JAMS fees if required for arbitration to be enforceable.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in the state of Delaware  or, if sought by Henkel such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Wilmington, Delaware or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. 

D.    Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICE, OR ANY ASPECT THEREOF, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY HENKEL PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY HENKEL PARTY. 

E.    Governing Law.  For users for are not individual residents of the province of Quebec, these Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Henkel or by Henkel against you pursuant to this Section 11, or otherwise related to the Service, Content, Henkel Licensed Elements, UGC or other Henkel products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Delaware, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.  This Section 11 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Henkel agree that We intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 11 can only be amended by mutual agreement.  Either party may seek enforcement of this Section 11 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.  

F.    Class Action Waiver.  As permitted by applicable law, and for users who are not individual residents of the province of Quebec, both you and Henkel waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 11 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

G.    Jury Waiver.  AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

H.    Small Claims Matters.  Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 11(f).

I.    Supersede. The provisions of this Section 11 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 11 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

12. Downloaded Software

If you download software from the Service, the software and all files, images and data relating to the software is subject to the license terms in the software license that accompanies or is provided with the software. You may only use the software pursuant to the terms of such software license. You do not own the downloaded software, and Henkel does not transfer ownership of the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

13. Update to Terms

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use this  SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.  Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised or additional terms by discontinuing use of the Service.

14. Forward-looking Statements

The Service may contain statements that involve Henkel´s intentions, expectations or predictions. Such statements reflect the views of Henkel as of the date made with respect to future events and are subject to risks and uncertainties. These statements could be inaccurate or could become inaccurate as a result of developments occurring after their respective dates. Henkel disclaims any intention or obligation to update or revise these statements.

15. Severability/No Waiver, Entire Agreement

If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No failure on the part of Henkel to enforce these Terms shall constitute a waiver of any of Henkel´s rights under these Terms, whether for past or future actions on the part of any person. These Terms shall be the entire agreement between Henkel and you with respect to the subject matter hereto, and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Terms will be binding unless provided as an update by Henkel to this document, or signed in writing by an authorized officer of  Henkel.

// End Terms Effective as of:  September 19, 2017












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