PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE REVLON WEBSITES.
This Web site (the "Site") is provided by Revlon Australia Pty Ltd. and/or its affiliated companies (collectively "Revlon") for your information, personal entertainment and non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the Site applicable to your use of the Site (as amended by Revlon from time to time, the foregoing being collectively referred to as the "Terms and Conditions").
By using the Site, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the Site and, accordingly, you should not do so. Revlon may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Such changed Terms and Conditions shall be posted on the Site. You should check these Terms and Conditions periodically for changes prior to using the Site. By using the Site following any modifications to these Terms and Conditions, you agree to be bound by any such modifications.
The Site is intended and directed to residents of Australia and New Zealand and all advertising and claims contained in the Site are valid only in Australia and New Zealand.
Unless otherwise noted, the content on the Site is intended for non-commercial purposes only. User agrees to use the Site only for lawful, noncommercial purposes. Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Site.
Impersonation of others, including, without limitation, a Revlon employee, host, or representative, as well as other members or visitors on the Site is prohibited. Users may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other online or offline organization.
All information concerning users of the Site is subject to the Revlon Privacy Policy. Please refer to the Revlon Privacy Policy whenever you provide information to the Site.
Revlon welcomes user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post certain knowledge, material, or commentary on the Site, including, but not limited to, comments on our products, advertising and other promotional materials or events, as well as other facts, advice, "tips," and opinions. Subject to the Revlon Privacy Policy, all information and other content that you post on the Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Site.
By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Site ("User Content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the Site to:
(a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals);
(b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability;
(c) harm any person in any way;
(d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
(e) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
(g) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site;
(h) intentionally or unintentionally violate any applicable law and any rules, regulations, orders, directives and the like having the force of law;
(i) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability;
(j) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or
(k) solicit other guests of the Site to become members of any commercial on line service or other group or organization.
You acknowledge and agree that User Content you view or post on the Site is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Revlon, and Revlon does not support or endorse any User Content or any other content or otherwise posted by you or any other user. You acknowledge that Revlon does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the Site. However, Revlon and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in Revlon's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the Site may be purged periodically in Revlon's sole discretion. Revlon is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the Site, whether created by Revlon or submitted to Revlon.
User Content includes the opinions, statements and other content of third parties, not Revlon. Revlon does not endorse any such opinions, statements or other content posted on or accessible through the Site. Revlon does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Revlon's receipt or acceptance of any such materials.
Any User Content submitted by you to the Site will be deemed non-proprietary and non-confidential and may be used by Revlon without restriction. By submitting or sending information, material, or any other communication to Revlon including User Content, you grant Revlon the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, reproduction, transmission, publication, broadcast and posting. Revlon and its affiliates may use or otherwise transfer or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by Revlon. Notwithstanding the foregoing, personally identifiable data shall be handled in accordance with Revlon's Privacy Policy.
You understand that the technical processing and transmission of the Site may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Revlon assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Revlon Site.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
As between Revlon and you, except for User Content, Revlon is the sole owner of all content on the Site, including, without limitation, all applicable patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Site ("Revlon Proprietary Material"). The compilation (meaning the collection, arrangement and assembly) of all Revlon Proprietary Material on the Site is the exclusive property of Revlon. The contents of the Site are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Revlon Proprietary Material or any portion thereof, for any purpose. You may, however,
(1) print a copy of individual screens appearing as part of the Site solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and
(2) 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 or accessed through the Site and include any author attribution, copyright or trademark notice or restriction in any such material that you download.
You may not use such materials for any commercial purpose. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of Revlon's copyright and other proprietary rights. By using the Site, you agree to defend, indemnify, and hold harmless Revlon, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising in any way from or in connection with your use of the Site or any service available on or through the Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Revlon Proprietary Material, or any violation of these Terms and Conditions, the Revlon Privacy Policy or any other policy posted from time to time on the Site applicable to your use of the Site, by you.
You may be able to link to third party Web sites ("Linked Sites") from the Site. Revlon is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Revlon cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties.
Revlon does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Revlon be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Revlon reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Other sites may link to the Site only through a plain-text link subject to the prior written approval of a duly authorized employee of Revlon. To seek our permission, please contact us at the address below. Revlon reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, with or without cause, at any time.
VISITORS TO THE REVLON SITES AGREE THAT THEIR USE OF THE REVLON SITES IS AT THEIR OWN SOLE RISK. THE REVLON SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, REVLON (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE REVLON SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REVLON ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND REVLON HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE REVLON SITES MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. REVLON AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE REVLON SITES BY ANYONE OTHER THAN AUTHORIZED REVLON EMPLOYEES ACTING IN SUCH CAPACITY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE REVLON SITES, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE REVLON SITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. REVLON DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE REVLON SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE REVLON SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
REVLON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE REVLON SITES. YOU (AND NOT REVLON OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL REVLON OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE REVLON SITES, EVEN IF REVLON SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE REVLON SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REVLON'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING REVLON'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
Revlon controls and operates the Site from our offices in Sydney, Australia. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of New South Wales. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site 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.
You agree that the laws of New South Wales, these Terms and Conditions, Revlon's Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Site shall govern your use of the Site. You agree that the UN Convention on Contracts for the International Sale of Goods does not apply. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Revlon or relating in any way to your use of the Site resides in the courts located in Sydney, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute and including any claim involving Revlon or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose. Revlon's failure to insist upon or enforce any provision of these Term and Conditions shall not be construed as a waiver of any provision or right of Revlon. Revlon may assign its rights under these Terms and Conditions to any party at any time without notice to you.
You agree that Revlon may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or mail to your email or mailing address as appearing in Revlon's records from time to time.
©2002 Revlon Australia Pty Ltd — ABN 18095360731. - All rights reserved
