| terms and conditions of
use |
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| PLEASE read these terms
and conditions of use carefully before using this website.
By using AVON.COM,
YOURAVON.COM, or any other Website owned or operated by Avon Products,
Inc. ("AVON WEBSITES"), you agree to be bound by these Terms and
Conditions of Use. If you do not agree to these Terms and Conditions of
Use, please do not use the AVON WEBSITES. We reserve the right to change
these Terms and Conditions of Use, in whole or in part, at any time with
or without notice. You should always check these Terms and Conditions of
Use prior to using the AVON WEBSITES. Your continued use of the AVON
WEBSITES following the posting of changes to these Terms and Conditions of
Use will mean you accept those changes.
If you are an eRepresentative, you have additional
terms and conditions contained in Avon's eRepresentative Policies and
Procedures and in your Avon Independent Sales Representative Sales
Contract. |
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| restricted
uses |
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The AVON WEBSITES are owned and
operated by Avon Products, Inc. (referred to as "AVON", "we", "us" and
"our"). The contents of the AVON WEBSITES are copyrighted under United
States copyright laws. Except as stated herein, none of the material on
the AVON WEBSITES may be copied, reproduced, distributed, republished,
uploaded, displayed, posted or transmitted in any way whatsoever. However,
you may download material for your own personal, non-commercial use,
provided that you agree to abide by any copyright notice or other
restrictions contained in any material included in or accessed through the
AVON WEBSITES and include any author attribution, copyright or trademark
notice or restriction in any such material that you download. You may not
use such downloaded material for any commercial purpose. Modification of
the materials or use of the materials for any other purpose is a violation
of AVON's copyright and other proprietary rights.
"AVON" and the other AVON trademarks, trade names,
service marks and logos appearing in the AVON Website are proprietary
trademarks of Avon Products, Inc. The use of any of our trademarks or any
other content on the AVON WEBSITES, except as expressly provided in these
Terms and Conditions of Use, is strictly prohibited. |
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| bulletin board and
e-mail |
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AVON may offer features such as
bulletin boards or e-mail functions as part of the AVON WEBSITES (referred
to as "Interactive Medium"). You may not submit any material that is
unlawful, harmful, harassing, threatening, abusive, hateful, libelous,
defamatory, obscene, pornographic, profane, vulgar, indecent, sexually
explicit or otherwise objectionable that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
law. Please do not submit any material that is protected by copyright,
patent, or other proprietary right without obtaining permission of the
copyright or patent owner or rightholder.
The Interactive Medium shall not be used for any commercial
purposes. You will not submit any material to solicit funds or to promote,
advertise, or solicit the sale of any goods or services. You are expressly
prohibited from soliciting other guests of the AVON WEBSITES to become
members of any commercial online service or other organization.
Any information or material submitted by you to the AVON WEBSITES
through the Interactive Medium will be deemed non-proprietary and
non-confidential, and may be used by AVON without restriction. Without
limiting the foregoing, by offering any information or material through
the AVON Website (e.g., through chat, bulletin boards, e-mail, contests or
otherwise), you grant to AVON the worldwide, perpetual, royalty-free,
irrevocable, nonexclusive right and license to use, reproduce, modify,
edit, publish, make derivative works from and distribute such information
or materials in any and all forms and media, now or hereafter discovered.
Notwithstanding the foregoing, all personal data (e.g., name, address and
telephone number) provided to AVON will be handled in accordance with
Avon's Security and Privacy Statement.
We reserve the right, in our sole discretion, to
edit any submission, and to choose to include or not include such
submission in the Interactive Medium. The Interactive Medium includes the
opinions, statements and other content of third parties. We are not
responsible for screening, monitoring or verifying such content, including
such content's accuracy, reliability or compliance with copyright or other
laws. Any opinions, statements or other content expressed by third parties
are those of such third parties and not of AVON. AVON does not endorse any
such opinion, statement or other material posted on or accessible through
the Interactive Medium. |
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| intended
audience |
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| Unless otherwise specified, the
materials in the site are presented solely for the purpose of promoting
products available in the United States and its territories and
possessions. AVON controls and operates this Website from its offices
located in the State of New York, United States of America. AVON makes no
representation that materials contained in this Website are appropriate or
available for use in other locations. Those who choose to access this
Website from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. |
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| disclaimer |
 |
| THE AVON WEBSITES ARE PROVIDED
"AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVON MAKES NO
REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR
COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE AVON WEBSITES.
ANY RELIANCE ON OR USE OF SUCH MATERIAL SHALL BE AT YOUR SOLE RISK. AVON
MAKES NO REPRESENTATION OR WARRANTY THAT THE AVON WEBSITES WILL BE
AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE AVON WEBSITES OR THE SERVERS THAT
MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. |
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| hyperlinks to or from
other sites |
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| AVON is not affiliated or
associated with sponsors or producers of any third-party websites that
hyperlink to or from the AVON WEBSITES. We explicitly disclaim any
responsibility for the accuracy, content, or availability of information
found on sites that link to or from the AVON WEBSITES from such third
parties. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from
the AVON WEBSITES, since these third-party sites are owned and operated by
independent retailers. We do not endorse any of the merchandise, nor have
we taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites. We do not make any
representations or warranties as to the security of any information
(including, without limitation, credit card and other personal
information) you might be requested to give any third party. |
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| limitation of
liability |
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| IN NO EVENT SHALL AVON BE LIABLE
FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE
USE OF OR INABILITY TO USE THE AVON WEBSITES, EVEN IF AVON OR AN AVON
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AVON'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
USING OR ACCESSING THIS SITE. |
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| indemnification |
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| You will indemnify and hold
AVON, and its subsidiaries, affiliates, directors, officers, agents,
contractors or other partners, and employees, harmless from and against
any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of material or information you submit,
post to or transmit through a Interactive Medium, your use of the AVON
WEBSITES, your connection to the AVON WEBSITES, your violation of the
Terms and Conditions of Use, or your violation of any rights of another.
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| miscellaneous |
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| These Terms and Conditions of
Use shall be governed by the laws of the State of New York, without regard
to its conflicts of laws principles. You agree that any lawsuit arising
out of or relating to these Terms and Conditions of Use shall be filed
only in the courts located in the City of New York, State of New York and
you hereby consent and submit to the jurisdiction of such courts for the
purposes of litigating any such lawsuit. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. This is the
entire agreement between us relating to the subject matter herein and
shall not be modified except in writing, signed by both
parties. |
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