The following terms and conditions (“Testimonial Terms and Conditions”) apply to the
submission of written, picture or video testimonials (“Testimonials”) for use on this
Website (the “Website”) and elsewhere by DERMAPEN® (“DERMAPEN®” or the
“Company”). By submitting a Testimonial, you agree to these Testimonial Terms and
Conditions.
- Ownership of Testimonials
Upon submitting your Testimonial, you hereby assign to DERMAPEN® all of your right,
title, and interest in and to your Testimonial, including all copyrights and other
intellectual property rights therein, with full authority to copyright, reproduce, publish,
make derivative works of, or otherwise use, in any manner and via any form of media
DERMAPEN® deems advisable, for any purpose, throughout the world, all or any part
of your Testimonial. - Testimonial Release
By submitting a Testimonial, you agree that DERMAPEN® may use and publish your
name, voice, photograph, drawing or other likeness of you and any descriptive,
biographical, or other written materials you provide, and all associated rights of
personality or publicity, in any manner DERMAPEN® may deem advisable in
connection with its use of your Testimonial. You agree that you are not entitled to any
financial compensation for DERMAPEN®’s use of your Testimonial. You agree that
DERMAPEN® may use your Testimonial with or without your name and may make
reasonable edits or alterations to your Testimonial, provided that the meaning of your
comments and statements is not substantially changed.
You hereby waive any right of approval with respect to use of your Testimonial and any
materials created by DERMAPEN® in connection with your Testimonial, and you hereby
release and agree to hold harmless DERMAPEN®, its agents, employees and assigns,
and anyone authorized by any of them, from any and all claims, rights, demands,
damages, actions or liability which you, your heirs, executors, administrators or assigns,
may have in connection with such use, the resulting advertising, or these Testimonial
Terms and Conditions. You understand that DERMAPEN® has no obligation to use
your Testimonial and may elect to use or not to use your Testimonial (or any derivative
work created from your Testimonial) in DERMAPEN®’s sole discretion. - Representations and Warranties
You represent and affirm that:
(i) you, and only you, made your Testimonial voluntarily;
(ii) it contains your own opinion;
(iii) it is based on your own experience(s) with DERMAPEN® or one of its
partners, clients and/or its services; and it is true and correct to the best of
your knowledge.
(iv) You represent and affirm that you will contact DERMAPEN® in writing
addressed to DERMAPEN® if at any time your opinion about DERMAPEN®
or its services, as expressed in your Testimonial, should change and you wish
to retract your Testimonial.
(v) You represent and affirm that your beliefs were not influenced in any manner
and that, other than as expressed in these Testimonial Terms and Conditions,
you have not received nor have been promised anything of value in exchange
for making your Testimonial.
(vi) You further represent and affirm that the facts stated about you in your
Testimonial are substantially true and accurate, and that neither you nor any
member of your family is an employee of DERMAPEN®.
You represent and warrant that you are the original creator of your Testimonial, and that
your Testimonial does not:
(i) infringe any copyright or other intellectual property right of any other
person or company;
(ii) contain defamatory, vulgar, obscene, libelous, hateful, or racially,
ethnically or otherwise objectionable material;
(iii) violate the privacy of any individual;
(iv) disparage or otherwise refer to any other company, product, or service;
or
(v) contain any malicious code or other technical means of impairing,
damaging, or obtaining unauthorized access to any computer or computer
system. You further represent and warrant that these Testimonial Terms and
Conditions, and your compliance with them, do not in any way conflict with
any existing commitments on your part; and that you have the full right to
enter into this agreement without violating the legal or equitable rights of any
third party. - Indemnity
You agree to indemnity and defend the Company against any and all claims by third
parties arising out of or in connection with your Testimonial, except to the extent such
claims arise from the Company’s editing or alteration of your Testimonial. - Privacy
Information you provide in connection with your Testimonial will be stored and used in
accordance with DERMAPEN®’s Privacy Policy. - Video Service
DERMAPEN® may engage with any 3rd party provider in connection with accepting,
storing, processing, posting, and using video Testimonials. By uploading a video
Testimonial, you agree to such 3rd party provider’s additional terms and conditions
regarding your Testimonial (“Provider Terms”). In the event of any conflict, these
Testimonial Terms and Conditions shall govern.