Terms and Conditions of Use
This Terms and Conditions of Use (the "Agreement") is a legal agreement between you, an AVON customer ("you" or "your"), and Avon Products, Inc., a company incorporated under the laws of the State of New York, U.S.A. (referred to herein as "AVON," "we," "us" and "our"), regarding your use of AVON's mobile application ("mark. Mobile App") and AVON's website located at the following URL: MEETMARK.COM ("mark. Website"). You may order AVON and mark. products and services from the mark. Website and by means of the mark. Mobile App installed on your AVON Independent Sales Representative or AVON eRepresentative's mobile device ("AVON Services"). If you do not agree to the terms and conditions of this Agreement, please do not use the mark. Mobile App, mark. Website or the AVON Services.
Modifications of this Agreement are discussed in Section 10.
For purposes of this Agreement, the following terms have the following meanings:
1.0 Note Regarding AVON Independent Sales Representatives and AVON Independent Sales Representatives' Personalized Sites.
AVON Independent Sales Representatives are independent third party contractors of AVON and are not otherwise affiliated with AVON. AVON is not responsible or liable for the statements, acts or omissions of AVON Independent Sales Representatives, whether through or in connection with the mark. Website or mark. Mobile App, "offline," or otherwise. Without limiting the foregoing, although AVON enables AVON Independent Sales Representatives to create personalized online sites that contain AVON branding and content and that may share URLs with certain AVON websites), you acknowledge and agree that AVON has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by AVON Independent Sales Representatives to such personalized online sites or any customizations made by AVON Independent Sales Representatives to such personalized online sites (such information, materials, and customizations, "AVON Independent Sales Representative Content") or any materials communicated by an AVON Independent Sales Representative to you. AVON has not taken any steps to confirm the accuracy or reliability of any AVON Independent Sales Representative Content or other materials communicated by an AVON Independent Sales Representative to you, and makes no representations or warranties as to the security of any communications between you and any AVON Independent Sales Representatives undertaken using AVON Independent Sales Representative Content (for example, email links posted by AVON Independent Sales Representatives).
2.0 Restricted Uses.
The AVON Services, mark. Website and mark. Mobile App are owned and operated by AVON. The contents of the mark. Website, AVON Services and mark. Mobile App are copyrighted under United States copyright laws. Except as stated herein, none of the material on the mark. Website, AVON Services or mark. Mobile App may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by AVON to access and use the mark. Website, AVON Services and mark. Mobile App, you may download one (1) copy of any particular materials from the mark. Website or mark. Mobile App for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of AVON's copyright and other proprietary rights.
"AVON" and the other AVON trademarks, trade names, service marks and logos appearing on the mark. Website, AVON Services and mark. Mobile App are proprietary trademarks of AVON. The use of any of our trademarks or any other content made available through the mark. Website, AVON Services or mark. Mobile App, except as expressly provided in this Agreement, is strictly prohibited.
3.0 Information Submitted Through the mark. WebsiteS.
Your submission of information through the mark. Website and mark. Mobile App is governed by AVON's Security and Privacy Statement ("Security and Privacy Statement"), located at http://shop.meetmark.com/shop/landing/mark_privacy_policy.html.
4.0 Registration; User Names and Passwords.
You may be required to register with AVON in order to access certain areas of the mark. Website, for example, to purchase AVON or mark. products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that: (a) belongs to or is already being used by another person; (b) may be construed as impersonating another person; (c) violates the intellectual property or other rights of any person; (d) is offensive; or (e) we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the mark. Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the mark. Website, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the mark. Website that occur in connection with your user name. You agree to immediately notify AVON of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the mark. Website, and to ensure that you "log off" and exit from your account with the mark. Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5.0 Rules of Conduct for the mark. Website and mark. Mobile App.
We expect users of the mark. Website, AVON Services and mark. Mobile App to respect the law as well as the rights and dignity of others. While using the mark. Website, AVON Services and mark. Mobile App, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the mark. Website, AVON Services and mark. Mobile App is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the mark. Website, AVON Services and mark. Mobile App pursuant to Section 17 below. By registering with, using or submitting any information, content, ideas, suggestions or materials (collectively, "Submissions") to the mark. Website, AVON Services or mark. Mobile App, you represent and warrant that:
(a) your Submissions are true, accurate, complete and comply with all applicable laws, rules and regulations;
(b) you will maintain and update your Submissions (including without limitation your contact information) so that they remain true, accurate and complete and we can contact you;
(c) you are eighteen (18) years of age or older;
(d) you will not use the mark. Website, AVON Services or mark. Mobile App for any purpose other than is permitted under this Agreement;
(e) you either own or have a license to provide AVON with the Submissions;
(f) your Submissions do not infringe any third party right (including without limitation third party intellectual property rights, privacy rights or the right of publicity);
(g) your Submissions are not (i) threatening, harassing, degrading, hateful or intimidating, (ii) defamatory or libelous, (iii) fraudulent or tortious or (iv) obscene, indecent, pornographic or otherwise objectionable;
(h) your Submissions and use of the mark. Website, AVON Services and mark. Mobile App do not give rise to criminal or civil liability, encourage conduct that constitutes a criminal offense or provide instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking";
(i) you will not post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
(j) you will not post, transmit or otherwise make available any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by AVON in advance;
(k) you will not submit any personally identifiable information of another individual by means of the mark. Website, AVON Services or mark. Mobile App, without the prior consent of such individual;
(l) you will not submit or disclose any material, non-public information about a company, without the proper authorization to do so;
(m) you will not use the mark. Website, AVON Services or mark. Mobile App for any fraudulent or unlawful purpose;
(n) you will not use the mark. Website, AVON Services or mark. Mobile App to defame, abuse, harass, stalk, threaten, degrade or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about third parties;
(o) you will not impersonate any person or entity, including without limitation any representative of AVON, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the mark. Website, AVON Services or mark. Mobile App or expressly state or imply that we endorse any statement you make;
(p) you will not interfere with or disrupt the operation of the mark. Website, AVON Services or mark. Mobile App or the servers or networks used to make the mark. Website, AVON Services or mark. Mobile App available or violate any requirements, procedures, policies or regulations of such networks;
(q) you will not restrict or inhibit any other person from using the mark. Website, AVON Services or mark. Mobile App (including without limitation by hacking or defacing any portion of the mark. Website, AVON Services or mark. Mobile App);
(r) you will not use the mark. Website, AVON Services or mark. Mobile App to advertise or offer to sell or buy any goods or services for any business purpose, without AVON's express prior written consent;
(s) you will not reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the mark. Website, AVON Services or mark. Mobile App;
(t) you will not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the mark. Website, AVON Services or mark. Mobile App;
(u) you will not remove any copyright, trademark or other proprietary rights notice from the mark. Website, AVON Services or mark. Mobile App or materials originating from the mark. Website, AVON Services or mark. Mobile App;
(v) you will not frame or mirror any part of the mark. Website;
(w) you will not create a database by downloading and storing mark. Website content; and
(x) you will not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather mark. WebsiteS content or reproduce or circumvent the navigational structure or presentation of the mark. WebsiteS without AVON's express prior written consent.
6.1 License Grant. AVON grants you a limited, terminable, non-sublicensable, non-transferable, non-exclusive license to use the mark. Mobile App to order AVON or mark. products and services. AVON has no obligation to provide you with any support services for the mark. Mobile App.
6.2 License Restrictions. You may not download the mark. Mobile App, use the mark. Mobile App on any device other than your AVON eRepresentative or AVON Independent Sales Representative's device, or distribute or make the mark. Mobile App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the mark. Mobile App. You may not copy (except as expressly permitted by this Agreement and usage rules set forth in Section 5), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the mark. Mobile App, any updates or any part thereof (except to extent that any foregoing restriction is permitted by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included within the mark. Mobile App.
7.0 Forums and Submissions; Your License to AVON.
AVON may offer features through the mark. Website and mark. Mobile App that enable you to post Submissions publicly, for example, bulletin boards, chat areas, and similar forums on the Mark. Website (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without AVON's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other mark. Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available Submissions, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by AVON without restriction. You grant to AVON the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
8.0 AVON's Management of the Site; User Misconduct.
8.1 AVON's Management of the mark. Website. We may, but are not required to: (a) edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the mark. Website; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; and/or (c) manage the mark. Website in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the mark. Website. The Forums include the opinions, statements and other content of third parties, including AVON Independent Sales Representatives. We may but are not required to screen, monitor or verify such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including AVON Independent Sales Representatives) through the Forums or otherwise through the mark. Website are those of such third parties and not of AVON, and AVON does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the mark. Website at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
8.2 Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the mark. Website. You are discouraged from publicly posting the following information on the mark. Website: your full name, telephone numbers, email address and location. Other people's Submissions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the mark. Website. We expect that you will use caution and common sense when using the mark. Website, AVON Services and mark. Mobile App. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE mark. Website, AVON SERVICES OR MARK. MOBILE APP, YOU DO SO AT YOUR OWN RISK.
9.0 Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any mark. Website, AVON Services or mark. Mobile App may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. AVON urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
10.0 Modification of the Agreement.
Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Agreement from time to time. If we modify the Agreement, we will alert you by email if you have given us your email address. It is therefore important that you notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this Agreement at http://shop.meetmark.com/shop/landing/mark_terms_conditions.html to ensure that you are informed of any changes.
11.0 Purchases and Other Transactions.
If you wish to purchase any product or service or to make a payment to your AVON account through an mark. Website or the mark. Mobile App via your AVON Independent Sales Representative or AVON eRepresentative's mobile device (each such purchase or other transaction, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any information you provide through the mark. Website or mark. Mobile App will be treated by AVON in accordance with this Agreement and the Security and Privacy Statement at http://shop.meetmark.com/shop/landing/mark_privacy_policy.html. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the right to use any credit card(s) or other payment means used to initiate any Transaction.
AVON reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit you from making any or all Transaction(s); and/or (e) to refuse to provide you with any product or service. Price and availability of any product or service offered through the mark. Website or mark. Mobile App are subject to change without notice, and AVON shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to AVON's refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the mark. Website or mark. Mobile App, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
12.0 Intended Audience.
AVON controls and operates the mark. Website, AVON Services and mark. Mobile App from its offices located in the State of New York, U.S.A., and the mark. Website, AVON Services and mark. Mobile App are not intended to subject AVON to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the mark. Website, AVON Services or mark. Mobile App are presented solely for the purpose of providing services and promoting products available in the United States. AVON makes no representation or warranty that the mark. Website, AVON Services or mark. Mobile App, in whole or in part, or any products, services, or materials made available through the mark. Website, AVON Services or mark. Mobile App, are appropriate or available for use in other locations. Those who choose to access the mark. Websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
13.0 Third Party Sites.
Except as otherwise expressly stated by AVON on the mark. Website, AVON is not affiliated or associated with operators of any third party websites that link to or are linked from the mark. Website or mark. Mobile App. AVON expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the mark. Website or mark. Mobile App. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the mark. Website or mark. Mobile App because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise. Third party materials accessed through or used by means of the third party sites may also be protected by copyright and other intellectual property laws.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
AVON shall have the right, at any time and at its sole discretion, to block links to the mark. Website and mark. Mobile App through technological or other means without prior notice.
AVON has no control over, and DISCLAIMS liability for aLL damages resulting from, YOUR use OF THE mark. Website, AVON SERVICES AND MARK. MOBILE APP INCLUDING WITHOUT LIMITATION ANY DAMAGES THAT MAY OCCUR AS A RESULT OF any SUBMISSIONS YOU MAKE TO AND ANY third party information made public through the Forums or any other part of the mark. Website, AVON SERVICES AND MARK. MOBILE APP. THE mark. Website, AVON SERVICES AND MARK. MOBILE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. AVON MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE mark. Website, AVON SERVICES AND MARK. MOBILE APP. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AVON MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY AVON INDEPENDENT SALES REPRESENTATIVES, AVON EREPRESENTATIVES OR OTHER AVON EMPLOYEES OR CONTRACTORS; (B) THAT THE mark. Website, AVON SERVICES AND MARK. MOBILE APP WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE mark. Website, AVON SERVICES AND MARK. MOBILE APP WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; (D) THAT THE mark. Website, AVON SERVICES AND MARK. MOBILE APP OR THE SERVERS OR NETWORKS THROUGH WHICH THE mark. Website, AVON SERVICES AND MARK. MOBILE APP ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE mark. Website, AVON SERVICES AND MARK. MOBILE APP WILL MEET YOUR REQUIREMENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the mark. Website and the servers from which the mark. Website is operated, the mark. Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the mark. Website. If you become aware of any unauthorized third party alteration to the mark. Website, contact us at firstname.lastname@example.org with a description of the material(s) at issue and the URL or location on the mark. Website where such material(s) appear.
15.0 Limitation of Liability.
IN NO EVENT SHALL AVON, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, "AVON ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE mark. Website, AVON SERVICES AND MARK. MOBILE APP, (C) YOUR USE OF OR INABILITY TO USE THE mark. Website, AVON SERVICES AND MARK. MOBILE APP INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE. LOST PROFITS, LOSS OF DATA AND COMPUTER OR MOBILE DEVICE MALFUNCTION, OR (D) THE ACTS OR OMISSIONS OF AVON INDEPENDENT SALES REPRESENTATIVES, AVON EREPRESENTATIVES OR ANY AVON EMPLOYEE OR CONSULTANT IN EACH EVENT, EVEN IF AVON OR SUCH PARTY 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 FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AVON IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. AVON IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY AVON INDEPENDENT SALES REPRESENTATIVE OR AVON EREPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL AVON'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE MARK. WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE mark. Website, AVON SERVICES AND MARK. MOBILE APP EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE mark. Website, AVON SERVICES AND MARK. MOBILE APP
You will indemnify and hold the AVON Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the mark. Website, the AVON Services or the mark. Mobile App; (b) any violation of this Agreement or any other AVON terms, conditions or policies by you or through any account you may have with any AVON website; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the mark. Website, AVON Services or mark. Mobile App infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any AVON website visitor, user, or customer, or any other third party; and you agree to reimburse the AVON Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
17.0 Termination and Enforcement.
This Agreement is effective until terminated by AVON. You agree that AVON, at its sole discretion, may terminate your access to or use of the mark. Website, Avon Services and mark. Mobile App, at any time and for any reason, including without limitation if AVON believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the mark. Website, AVON Services and mark. Mobile App will immediately cease. You agree that any termination of your access to or use of the mark. Website, AVON Services and mark. Mobile App may be effected without prior notice, and AVON may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and shall not be required to make such information or files available to you after termination. You agree that AVON shall not be liable to you or any third party for any termination of your access to the mark. Website, AVON Services or mark. Mobile App or to any such information or files. AVON reserves the right to takes steps that AVON believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the mark. Website, AVON Services or mark. Mobile App and/or a third party claim that your use of the mark. Website, AVON Services or mark. Mobile App is unlawful or violates such third party's rights).
18.0 Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the mark. Website infringe your copyright, you (or your agent) may send AVON a notice requesting that AVON remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send AVON a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to John Bergin, Avon Products Inc., 1251 Avenue of the Americas, NY, NY 10020; tel: 212-282-7000; email: email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA. We may terminate the account and access rights of any repeat infringer.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that AVON does not endorse, support or approve any of the products or services listed at such site.
20.0 Contacting AVON.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the mark. Website, please send an email to firstname.lastname@example.org. You may also contact us by writing to Avon Products, Inc. 175 Progress Place Springdale, OH 45246 Attn: Customer Service, or by calling us at 1 800 500 AVON. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
21.0 Governing Law, Forum and Venue.
21.1 Disputes with AVON. This Agreement shall be governed by the laws of the State of New York, U.S.A. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the City of New York, State of New York, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
21.2 Disputes with Other Users. You are solely responsible for your conduct. You agree that AVON is not liable for any dispute that arises between you and another user (including without limitation, AVON Independent Sales Representatives and AVON eRepresentatives.)
22.0 Injunctive Relief.
AVON has the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
23.0 Export Controls.
You may not use or otherwise export or re-export the mark. Mobile App except as authorized by United States Law and the laws of the jurisdiction in which the mark. Mobile App was obtained. In particular, but without limitation, you may not export or re-export the mark. Mobile App: (a) into any United States embargoed countries; or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce Denied person's List or Entry List. By using the mark. Mobile App or Mark. Website, you represent and warrant that: (i) you will not use the mark. Mobile App, Mark. Website or AVON Services for any purpose prohibited by United States law, (ii) you are not located in a country that is subject to a United States government embargo or has been designated by the United States government as a "terrorist supporting" country; and (iii) you are not listed on any United States government list of prohibited or restricted parties.
24.1 Severability. If any provision of this Agreement shall be deemed to 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.
24.2 Independent Contractors. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AVON.
24.3 Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
24.4 No Waiver. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
24.5 Section Titles. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
24.6 Entire Agreement. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and AVON relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and AVON relating to such subject matter.
24.7 Patent License. Licensed under U.S. Patent No. 6,594,641, which is owned by Reshare Commerce LLC. AVON makes no representation as to the scope of coverage of this patent and its relationship to AVON's services.
This Agreement ©2010-11 Avon Products, Inc. All rights reserved.