1. Terms of Use
Any access or use of this site (“Site”), or the services contained therein, are subject to the following terms of use (“TOU”, “Terms of Use” or “Terms”). Brand reserves the right to alter the Terms of Use at any time, without notice, by posting a revised Terms of use, therefore, it is your obligation to stay informed of any changes. By accessing or using this Site or the services contained herein, you are accepting the Terms of Use. If you do not agree with the Terms of Use, do not use or access this Site or services.
2. User Content
By accepting the Terms of Use or uploading User Content to this Site or otherwise making User Content available to Brand and/or Social Native, you grant to the Brand (including all subsidiaries, affiliates, and parents), and all of their respective licensees, agents, assigns, contractors, successors, legal representatives, its third-party service providers who provide content management services including Social Native, and its retail partners (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails, and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location, or other identifying information, including your voice, in connection with any use of your User Content. You agree that the license granted above applies whether you provide direct or implied permission to your User Content, or if you have granted the right for someone to act on your behalf.
You hereby represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive, (v.) you are solely responsible for the User Content, (vi) and the Licensed Parties’ use of your User Content as described herein will not violate any other laws, including but not limited to copyright, trademark, patent, trade secret, privacy, moral, or any other rights, of any third party, law, rule, or regulation. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content, and you agree to indemnify Licensed Parties from and against any claims in connection with your User Content, and for the representations and warranties contained herein.
The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and/or discontinue the Services at any time, for any reason. If you believe any content, including User Content, residing on the Site or the Services infringes a copyright, please refer to our Copyright Policy below.
You are solely responsible for your use of the Services. You certify to Brand and Social Native that you are at least 18 years of age, and that you have the right to contract in your own name. You also certify that you are legally permitted to use the services and access the Site.
3. Privacy
You hereby agree that the User Content that you submit or upload is not confidential and the Licensed Parties do not have an obligation to maintain the confidentiality of any information, in whatever form, contained in any submission. By accessing or using this Site or the services contained herein, you hereby consent and agree to Brand and the Licensed Parties’ use and collection of any personal information you provide. If you do not agree to use and collection of your personal information, please do not use this Site (or the services contained herein), or otherwise provide Brand with personal information.
4. Disclaimers
This Site and related services are provided AS-I without representations or warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. The Licensed Parties make no representation or warranty of any kind regarding your use of this site, services, or products, and all such warranties are expressly disclaimed to the maximum extent allowed by law.
5. Intellectual Property Rights
Brand owns all rights, title, and interest in and to its Intellectual Property. Brand’s content is protected by copyright, trademarks, and other intellectual property laws. You hereby acknowledge and agree that your use of this Site does not grant you any rights in proprietary information of Brand. Further, Brand reserves all rights in connection with its intellectual property and proprietary information.
6. Copyright Policy
Brand respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with written notification of your claim, as follows, and in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that any content, including User Content or other materials posted on or accessible through the Site infringes a copyright, please provide written notification by regular mail or courier to the following address:
Masimo Corporation
52 Discovery
Irvine, CA 92618
The written notice MUST include the following information:
1.) Identification of the alleged copyrighted work claimed to have been infringed and the corresponding site;
2.) A physical or electronic signature of a person with authority who can act on behalf of the alleged copyright owner whose copyright is allegedly infringed;
3.) Contact information of the complaining party, including email, address, and phone number.
4.) A statement made under penalty of perjury that the complainant has a good faith belief that the material used is not authorized by the copyright owner, its agent, or by law; and that the information contained in the notice is accurate.
7. Brand
Once Brand receives proper notification, Brand will review the notice and where appropriate: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access ; (c) terminate repeat infringers’ access to the Site.
For erroneous claims, a counter notification may be submitted within thirty (30) days of the date the material was removed from the site. The counter-notice must be in writing and provide:
1.) A physical or electronic signature of the person submitting the counter notification;\
2.) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3.) A statement made under penalty of perjury that the person submitting the counter-notification has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4.) The contact information, including, name, address, and phone number of the person submitting the counter-notification.
8. Limitation of Liability
IN NO EVENT WILL THE LICENSED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, AND/OR PRODUCTS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT ON THE SITE. FURTHER, THE LICENSED PARTIES SHALL NOT BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS OCCURRING IN CONNECTION WITH THE SITE, FOR ANY DELAY OR INTERRUPTION THEREOF; OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE LICENSED PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW IN ANY JURISDICTION.
9. Indemnity
You agree to defend, indemnify, and hold harmless the Licensed Parties from and against any and all claims and expenses, including attorney’s fees, arising out of or related to use of the Site, services, or products, by you or any person using an account of yours, and/or posting or use of your User Content, and/pr breach of any of the representation and warranties contained herein. Brand reserves the right to take over and/or defend any claim brought against it for which we are entitled to indemnification under this section, and you agree to cooperate as reasonably requested by Brand.
These Terms of Use are personal in nature and may not be assigned or transferred by you without Brand’s written consent. The Terms of Use shall be governed by the laws of the State of California without regard to conflict of law rules. If you access the Site or post User Content from any location other than in the United States, you accept full responsibility for compliance with local laws. You agree to submit to the exclusive jurisdiction of Orange County, California. You agree that Brand, in its sole discretion, may terminate your use of the Site or services contained therein. You agree that Brand may terminate your access to the Site or services without notice and that all information associated with your use of the Site may be removed.
