Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

1. Introduction

MySoftsoap.com (the “Website”) is a website owned by Colgate-Palmolive Company and operated on our behalf by our service provider, Suresource, LLC dba BrandShop (“BrandShop”). All references to ‘Colgate’, ‘our’, ‘us’, ‘we’ or ‘company’ within this policy are deemed to refer to Colgate-Palmolive Company, or, as the context requires, BrandShop, acting in its capacity as its service provider.

Products sold through this Website, which bear the Softsoap brand and have labels customized by you, the user of the website (“you”), are referred to as “Customized Softsoap Products”.

Please read these Terms of Use carefully before you start to use the Website. By accessing the Website, you signify your acceptance of these Terms of Use, and agree to be bound by the Terms of Use and all additional terms incorporated by reference. If you do not agree to these Terms of Use, please do not access or otherwise use the Website. Please also read our Privacy Statement, which is incorporated into, and made part of, these Terms of Use.This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Website and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.

Access to the Website may not be legal by certain persons or in certain countries. If you access the Websie from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

We may amend and update these Terms of Use from time to time, in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued access to the Website following the posting of changes to these Terms of Use constitutes your acceptance and agreement to such changes. If you object to any of the changes to these Terms of Use, please stop accessing the Website. Please check this page frequently and review any changes to these Terms of Use carefully so you are aware of any changes, as they are binding on you.

From time to time, Colgate may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the Website to be viewed in connection with such specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

You also acknowledge and agree that, unless we specifically provide otherwise, these Terms of Use only apply to this Website and our online activities through this Website, and does not apply to any of our other online or offline activities, products or services.

2. Use of Website

You acknowledge and agree that all materials, including, without limitation, content, data, software, information, products and services, trademarks, service marks, and trade names contained on or provided through this Website ("Materials"), are owned by Colgate, BrandShop, its licensors or other providers of such material and are protected by U.S. and/or foreign copyright, trademark, service mark, patent, trade secret, or other intellectual property or proprietary rights laws and that, except as specifically permitted by these Terms of Use, any use of Materials is strictly prohibited. You further agree that, except if we and/or the applicable rights holder(s) give you express prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any Materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories). You may freely browse the Website and may download material we make available for download on the Website. Any and all downloaded materials, and any Colgate Customized Softsoap Products you create or purchase through the Website, may only be used by you for personal, non-commercial use. You may not sell, distribute, modify, transmit, reuse, repost or use (as applicable) any of such materials or the Colgate Customized Softsoap Products for public or commercial purposes without the express written permission of Colgate, except where such functionality is offered by us through the Website. All copyright and other proprietary notices contained in downloaded materials or on the Colgate Customized Softsoap Products are preserved and retained.

You agree that you will not use the Website for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind, including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You will not transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Website in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Website. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Website. If you download software or any other content from the Website, you do so at your own risk. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

3. This Website Does Not Provide Any Medical Advice

You acknowledge and agree that information on this Website is provided for informational purposes only and is not a substitute for the advice provided by your physician or other healthcare professional or for any information contained on or in any product label or packaging. The Website is provided for general information and educational purposes only. Information on this Website is not intended to create any physician-patient relationship. Neither this Website nor any information provided hereon, is intended to constitute, and does not constitute, the practice or furnishing of medical or professional health care, advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services. We assume no responsibility for how you use the information you obtain from this Site. If you have or suspect that you have a medical problem, promptly contact your doctor or other healthcare provider.

4. Privacy Statement

Please refer to our Privacy Statement for information about the information we collect on this Website and how we treat your personal information.

5. Termination; Loss of Use

You may discontinue your use of the Website at any time. You do not need to specifically inform us when you stop using the Website. We reserve the right, in our sole discretion, to immediately, without notice, suspend or terminate your registration(s) with or ability to access the Website and/or any other service provided to you by Colgate or through the Website.

Colgate reserves the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

6. Electronic Communications

When you use the Website, or send e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail or by posting notices and messages on or through the Website. You agree that all agreements, notices, disclosures, and other communications that we or BrandShop provide to you electronically satisfy any legal requirement that such communications be in writing.

7. User Communications

You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with us on the Website, by electronic mail or otherwise, including but not limited to, any data, images, artwork, User Generated Content (as defined below), questions, comments, suggestions or the like (collectively "User Communications"), and you, not Colgate or BrandShop, have full responsibility for such content.

By transmitting or posting any User Communications (if and where permitted), you represent and warrant that such User Communications are your own original work and will not and do not infringe or violate any copyright, trademark, service mark, trade secret, rights of privacy, rights of publicity or other proprietary rights or laws. Neither Colgate nor BrandShop endorses or sponsors any such User Communications submitted by you or other users of the Website.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Colgate and BrandShop will fully cooperate with any law enforcement authorities or court order requesting or directing Colgate or BrandShop to disclose the identity of anyone posting any such information or materials.

All User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to Colgate, and its affiliates, designees, licensees, successors and assigns a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to all User Communications to use, transmit, copy, modify, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications (including, but not limited to, labels for Customized Softsoap Products) in any and all media now known or hereafter to become known, for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. Further, Colgate and its affiliates, designees, licensees, successors and assigns are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. We may, but are not obligated to, monitor or review any User Communications directly or through a third party. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify Colgate of any objectionable User Communications. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

8. User Generated Content

“User Generated Content” is any content (i.e., information, data, software, photographs, graphics, audio, videos, text, images, typefaces, sounds, and other material) you upload to the Website or otherwise provide to us or our agents for the purpose of creating Customized Softsoap Product or any other purpose. The ultimate decision of whether or not to approve User Generated Content will always rest with the Colgate User Generated Content guidelines team, BrandShop, and their respective affiliates. Colgate and BrandShop retain the right to refuse any User Generated Content, for any or no reason, and to take any action with respect to any User Generated Content that we deem necessary or appropriate in our sole discretion. Below are examples of “Acceptable Custom Content” and “Unacceptable Custom Content”. These lists are not exhaustive and should be used by you to develop designs that are lawful, appropriate and non-offensive.

Acceptable Custom Content - Content That
  • Uses language and images appropriate for adults and children of all ages.
  • Creates a sense of community and is not likely to offend individuals or groups.
  • Respects intellectual property rights by using authorized images and content, including those owned or legally authorized to be used by the customer.
Unacceptable Custom Content - Content That
  • Violates the intellectual property rights of others.
  • Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
  • Attacks, harasses, or defames others based on race, religion, ethnicity, gender, disability, national origin, or sexual identity.
  • Includes hate speech or symbols (including but not limited to swastikas, iron crosses, etc.).
  • Promotes any illegal activity, or advocates, promotes or assists any unlawful act.
  • Features explicit sex acts or nudity of a non-artistic or health/medical nature.
  • Includes sexually suggestive images or text involving children (including nudity).
  • Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
  • Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Involves firearms or other weapons.
  • Involves tobacco, alcohol or other controlled substances.
  • Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Products and Transactions

Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of items purchased from Colgate’s sites by each customer or to refuse to provide any customer with any such items. Your properly completed online order information constitutes your offer to purchase the goods or services referenced in your order. The Company and BrandShop attempt to be as accurate as possible with product, information and other content presented on the Website. We are not under any obligation to update the content and make no guarantees whatsoever as to the usefulness, correctness or accuracy of the information on this Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We do not warrant that product or other content on the Website is accurate, complete, reliable, current, or error-free. If a product offered on the Website arrives damaged or incomplete, we will replace it as your sole remedy, provided you notify us of the problem within 14 business days after your receipt of your order.

10. Links to Other Websites

The Website may contain links or references to other websites outside of our control (“Third Party Websites”). You acknowledge and agree that, unless we specifically provide otherwise, any links on this Website to Third Party Websites do not imply our endorsement of such sites or that we have any association whatsoever with the operators of such sites. You further acknowledge and agree that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) contained on or provided through Third Party Websites, or the appropriateness, functionality, decency, legality, copyright compliance, accuracy or any other aspect of such sites. If you decide to access any Third Party Websites linked to the Website, you do so entirely at your own risk. No representations or warranties of any kind are made in connection with Third Party Websites or any content thereon.

1. Disclaimer of Warranties

When using the Website, information will be transmitted in such a way that may be outside the control of Colgate and/or BrandShop. As such, no warranty is made concerning the delay, failure, interruption, or corruption of any data, Materials, or other information transmitted in connection with the use of the Website. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLGATE AND BRANDSHOP EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

COLGATE AND BRANDSHOP DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOAD FROM THIS WEBSITE WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.

COLGATE AND BRANDSHOP MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEBSITE, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ALL "MATERIALS". IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WE AND OUR SUBSIDIARIES’, AFFILIATES’, LICENSORS’ AND SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY STATED ON THIS WEBSITE, COLGATE MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE.

12. Indemnification

You agree to indemnify, defend, and hold harmless each of Colgate and BrandShop, and its respective parents, subsidiaries, successors, assigns, affiliates, licensors, vendors and suppliers, together with all of their respective officers, directors, employees and consultants, from and against all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Colgate or BrandShop, directly or indirectly, with respect to or arising out of your use or misuse of this Website or any Materials, the violation of these Terms of Use by you, or the infringement or other violation by you, or any other user using your account, of any intellectual property or other right of any person or entity. Colgate and BrandShop reserve the right to exclusively defend and control any such indemnification matters and you agree to fully cooperate with us in any such defenses.

13. Applicable Law

You acknowledge and agree you are accessing this website from the United States. You may not use or export the Materials in violation of United States export laws and regulations. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for, entering or using the Website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York.

14. Remedies for Breach of these Terms by You

In the event that Colgate or BrandShop determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of the Website, we reserve the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Website; (iii) discontinue your registration(s) with the Website and/or any other Colgate community; (iv) discontinue your access to the Website, (v) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (vi) any other action which we deem to be appropriate.

If your registration(s) with or ability to access the Website, any other Colgate community and/or any other service provided to you by Colgate is discontinued by Colgate hereunder, then you agree that you shall not attempt to re-register with or access the Website, any other Colgate community and/or any other service provided by Colgate, through use of a different member name or otherwise.

15. Miscellaneous

In the event that any provision of the Terms of Use conflicts with any applicable law or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. Any failure by Colgate or BrandShop to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of such right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Website by Colgate) constitute the entire understanding between you and Colgate as to the subject matter hereof, and supersede all prior agreements and understandings whether oral or written. These Terms of Use may not be modified, in whole or in part, except by us and as otherwise might be specifically described elsewhere in this Terms of Use. Anything contained on or provided through this Website that is inconsistent with or conflicts with the terms of this Terms of Use is superseded by the terms of this Terms of Use.

16. Copyright Complaints

Each of Colgate and BrandShop own, protect and enforce copyright and other rights in their own intellectual property, and respects the intellectual property rights of others. Materials may be made available or submitted on or through the Website by third parties not within the control of the Company or BrandShop. It is our policy not to permit materials known by us to be infringing to remain on or available through the Website. Please notify our copyright agent promptly if you believe that any materials on or available through the Website infringe on your intellectual property rights or the intellectual property rights of anyone else. Please provide our copyright agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; Identification of the URL or other specific location on our Website where the material that you claim is infringing your copyright interest is located; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Colgate may, in its sole discretion (but, for clarity, is not required to) investigate such matter and take whatever action, if any, it deems appropriate in its sole discretion.

Our agent for notice of claims of copyright infringement on our Website can be reached as follows:

By mail:

Colgate-Palmolive Company
300 Park Avenue
New York, NY 10022
By email: colgate-palmolive_consumer_affairs@colpal.com

17. Contact Us

We welcome your comments and questions. Please contact us at:

Colgate-Palmolive Company
300 Park Avenue
New York, NY 10022
1-800-468-6502
colgate-palmolive_consumer_affairs@colpal.com

COPYRIGHT NOTICE

Copyright © 2016 Colgate-Palmolive Company. All rights reserved. Any rights not expressly granted herein are reserved.