PLEASE READ THIS POLICY CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE NOTE THAT THIS POLICY CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY. ABOVE ALL, PLEASE EXERCISE DISCRETION IN DECIDING WHAT TO POST ON ANY THERMACELL WEBSITES, AND PLEASE REPORT ANY ABUSES TO US.

User Generated Content Policy Overview. The following policy (the “Policy”) applies to the submission of any User Generated Content to Thermacell Repellents, Inc. and its subsidiaries and affiliates (collectively, “Thermacell”). For the purposes of this Policy, “User Generated Content” includes textual, audio, video, and/or visual content and information, including name, username, voice, picture, portrait and likeness, other identifying information, caption, location, including comments, commentary, ideas, proposals, suggestions, plans, and feedback related to Thermacell’s products and services, entries in contests and promotions, and other content and information submitted, provided, or otherwise made available to Thermacell, including that which is created and publicly posted by you on third-party social media.

Submissions Of User Generated Content. A “Submission” means any inquiry, feedback, suggestion, idea or other information or User Generated Content you provide us, including but not limited to submitting your name, social media handle, any accompanying text, video, or images from your YouTube, Facebook, Instagram, Twitter, SnapChat, TikTok, or other social media site account(s) . When you transmit, upload, post, e-mail, or otherwise make available any User Generated Content or other Submission on or to www.thermacell.com or any other website, microsite, social media channels or any other internet property owned, operated, or sponsored by Thermacell (collectively, “Thermacell Websites”), you agree that your access to and use of any Thermacell Websites are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user’s own risk.

Thermacell’s Rights Regarding Your Submissions of User Generated Content.
Thermacell’s Rights Generally. All Submissions will be treated as non-confidential. By uploading, posting, e-mailing, or otherwise submitting User Generated Content or other Submissions to any of the Thermacell Websites, you grant to Thermacell, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide, unlimited license to make, use, sublicense, copy, distribute, modify, perform, and to prepare derivative works of or otherwise exploit the Submissions, or any portion thereof, in any manner (including for development, commercial, promotional and advertising purposes) in any and all media, and to grant and authorize sublicenses of the foregoing without any notice or compensation to you or to any third party. Any such use will be without payment of money or any other form of consideration to you and will be without the requirement of any permission from or payment to you or to any other person or entity. You agree that Thermacell may pursue patent, trademark, or copyright protection for your User Generated Content, that you will not challenge or object to such protection, and that you will take all actions and sign all documents necessary to apply for and perfect such protection. You acknowledge and agree that any User Generated Content posted to any Thermacell Websites may be copied or exported from any of Thermacell Websites and published elsewhere on the internet, including on any social media sites. You further acknowledge and agree that Thermacell has no control over User Generated Content once it leaves Thermacell Websites, and it is possible that others may duplicate material found on Thermacell Websites, including on other social media sites or other sites on the Internet.

Thermacell’s Right to Change, Remove and Retain Your User Generated Content. You acknowledge that Thermacell has the right, in its sole discretion, to refuse to post or remove any User Generated Content. Thermacell also reserves the right to change, condense, edit, modify, transmit, display, or delete any User Generated Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of the Thermacell Terms of Service (https://www.thermacell.com/pages/legal-privacy), Thermacell has the right to remove any User Generated Content that violates this User Generated Content Policy, is not appropriate for a family audience or otherwise is objectionable. As to the posting of User Generated Content, Thermacell reserves the right to terminate access to submit User Generated Content to Thermacell Websites without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. You also acknowledge that your User Generated Content will not be returned to you.

Your Rights and Responsibilities Regarding Submissions of User Generated Content.
General. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Generated Content. By making a Submission, you warrant that your Submission does not infringe the intellectual property, privacy, or publicity rights, or any other legal rights, of any third party, or violate any applicable laws or regulations. You also represent and warrant that each person in the Submission has given their written permission and consent to be included in the Submission and to be displayed publicly on Thermacell Websites and marketing materials and advertising and that you will furnish such permission and consent promptly to Thermacell upon request.

Restrictions on Submissions of User Generated Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on Thermacell Websites, User Generated Content that: is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate, or misleading; contains restricted or hidden User Generated Content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.

Other Restrictions. You further agree not to post any User Generated Content or mechanism that attempts to gain access to restricted areas of any of Thermacell Websites, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Thermacell Websites. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.

Disclaimer; Release and Indemnification. While Thermacell allows users to post User Generated Content, including images and comments, to Thermacell Websites, Thermacell does not necessarily endorse the User Generated Content transmitted or posted on Thermacell Websites and therefore, Thermacell does not guarantee the accuracy, integrity or quality of User Generated Content. You understand that by using any of the Thermacell Websites, you may be exposed to User Generated Content that is offensive or objectionable to you. Under no circumstances will Thermacell be liable in any way for any User Generated Content, including, without limitation, any errors or omissions in any User Generated Content or for any loss or damage of any kind incurred by you as a result of the use of any User Generated Content transmitted, uploaded, posted, e-mailed or otherwise made available via Thermacell Websites. By using the Thermacell Websites you acknowledge and agree that Thermacell is not responsible for others’ misuse of information publicly disclosed on such Thermacell Websites. You agree to indemnify Thermacell and its affiliates for all claims, losses or damages arising from or in connection with any claims to any rights in any Submission. You further agree to indemnify and hold Thermacell, its affiliates, officers, directors, agents, and employees (collectively, the “Releasees”) harmless from any and all claims causes of action, damages, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, by any third party against any of the Releasees arising out of use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon transmittal of a Submission, you release Thermacell and Releasees from, and irrevocably waive, any and all claims that Thermacell’s use of your User Generated Content with or without your name, including but not limited to use on Thermacell Websites, infringes or violates your rights in your Submission or any work or material contained in your Submission.

User Generated Content Subject to Copyright Protection. If you believe that your User Generated Content is protected by copyright laws and your work has been copied and is accessible on a Thermacell Website in a way that constitutes copyright infringement, you may notify Thermacell by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) by email to customerservice@thermacell.com or by mail to Thermacell, Inc. Attn: Customer Service, 26 Crosby Dr, Bedford, MA 01730. Inquiries not compliant with the procedure outlined may not receive a response. • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • A description of the copyrighted work claimed to have been infringed, or if multiple copyrights works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Thermacell to locate the material; • Information reasonably sufficient to permit Thermacell to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted; • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Thermacell may delete or block an account holder or subscriber to a Thermacell Website if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Thermacell and provide information sufficient for Thermacell to verify that the account holder or subscriber is a repeat infringer.

Limitation of Liability; Disputes. If you choose to make a Submission of User Generated Content to a Thermacell Website, any dispute over User Generated Content is subject to this User Generated Content Policy, including limitations on damages, resolution of disputes, and application of the law of the State of Massachusetts.

Except where prohibited, by making a Submission to a Thermacell Website, you agree that: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this User Generated Content Policy will be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, in Boston, Massachusetts, and will be resolved individually, without resort to any form of class action or representative action, and you agree that you will not seek to aggregate any claims with other individuals; (2) THERMACELL’S LIABILITY ARISING IN CONNECTION WITH THIS USER GENERATED CONTENT POLICY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE WILL NOT EXCEED THE AMOUNT OF $1.00 AND WILL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THERMACELL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

Miscellaneous. You agree that the failure of Thermacell to exercise or enforce any right in this User Generated Content Policy will not act as a waiver of such right, or of any other right in this User Generated Content Policy, and that all rights and remedies under this Policy will still be available to Thermacell. If any section of this User Generated Content Policy is deemed invalid by a court or arbitrator, such section shall be severable from the remainder of this User Generated Content Policy, which shall be enforced according to its terms irrespective of the enforceability of the invalid section, provided such enforcement is consistent with the general intent of the parties as evidenced by the User Generated Content Policy as a whole.

The terms of this User Generated Content Policy are subject to change at any time without prior notice. Any such changes will be reflected on the User Generated Content Policy page of the www.Thermacell.com website.