User Generated Content

CalmCo, LLC (“CalmCo”) has asked for permission to use your photo, video, or other user generated content (including your likeness and persona if embodied in the photo, video, or other user generated content) (your “Content”) for promotional purposes. CalmCo will not claim ownership of your User Generated Content. However, by responding with #ColicCalmContent, #DrKidsContent, or any other response that CalmCo communicates to you as indicating your permission, you:

• A. Grant CalmCo and its authorized representatives a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and sublicensable license to copy, display, perform, distribute, publish, modify, transform, and create derivative works of your Content in all forms and media for promotional purposes on all digital media formats and channel for all CalmCo brands (Colic Calm, Tummy Calm, CoraCue and Dr Kids). Any number of copies may be created without limit to time, manner and frequency of use without notice to you, without attribution (to the extent that is not contrary to mandatory provisions of applicable law) without your permission or payment to you or any other person or entity; and
• B. Agree that by us utilizing your Content, there is no relationship of trust and confidence between you and CalmCo; and
• C. Agree to waive and not enforce any moral rights, ancillary rights or similar rights in or to the Content against us or our licensees, distributors, agents, representatives and other authorized users; and
• D. Represent and warrant that your Content is truthful and accurate, you are the sole and exclusive owner of your Content, and CalmCo’s use of your Content in accordance with the above license will not infringe or violate the rights of any third party, including any third party’s intellectual property rights, rights of publicity, or rights of privacy.

We may monitor, remove, post and modify your Content at any time for any reason, including to ensure that the Content conforms to this Agreement without any prior notice to you. We are not responsible for, and do not endorse or guarantee the opinions, views or recommendations posted or sent by users.

If you have any questions about these Terms and Conditions, contact CalmCo by email at customercare@calmco.com.