SWITCH TO THE POWER OF MITCHUM
© 2021 MITCHUM SA. ALL RIGHTS RESERVED. | Privacy Policy | Exercise Your Privacy Rights | Terms of Use | Animal Testing | Contact Us
CONTACT US
Consumer Care Line
0800 999978
Address
REVLON, 28 Tungsten Road, Isando. 1601. South Africa.
Any thoughts or comments? Talk to us on our Facebook or Instagram pages.
MITCHUM PRIVACY POLICY
Effective Date: May 03, 2023
We at Revlon South Africa (Proprietary) Limited (the “Company”) respect your concerns about privacy. This Online Privacy Notice describes the types of personal information
we obtain on this website at www.mitchum.co.za (hereinafter the “Site”), how we usethe information, with whom we share it and the rights and choices available to users of
our Site regarding our use of the information. We also describe the measures we take toprotect the security of the information and how users can contact us about our privacy
practices. The entity responsible for the processing of the information (i.e., the datacontroller) is Revlon South Africa (Proprietary) Limited, 28-30 Tungsten Road, Isando,
1601 Gauteng, Republic of South Africa.
The user expressly consents by free will and unequivocally to include all his/her personal data provided to the Company through the Site, e-mail, blog or social media on
a file owned by the Company, as well as to process all his/her personal data byautomatic and non-automatic means, for the purposes indicated in the sections below of
this Online Privacy Notice and subject to the terms and conditions referred therein.
Our privacy practices may vary among the countries in which we operate to reflect local
practices and legal requirements. Click on one of the links below to jump to the listed section:
- Information We Obtain
- Information We Obtain Through Automated Means
- How We Use the Information We Obtain
- Interest-Based Advertising
- Information We Share
- Your Rights and Choices
- Notice to California Residents
- Data Transfers
- How We Protect Personal Information
- Links to Other Websites and Third-Party Plug-ins
- Updates to Our Online Privacy Notice
- How to Contact Us
Information We Obtain
We obtain certain information, including personal information, through our Site. The types of personal information we may obtain include:
Contact information (such as name, postal address, email address and telephone number);Purchase and transaction information, such as payment card details, billing and shipping address, and information about the products, courses and other items you purchase;Login credentials;Demographic information, including age and gender; Social media handles; Product preferences; Information you choose to submit in connection with your inquiries or comments; Photographs and other content you provide; Contact information of others (such as email address) when you use certain featuressuch as “Send This Job to a Friend”; With respect to beauty professionals, occupation, professional license number, license expiration date and license type; and With respect to job applicants, to the extent permitted by applicable law, employment history, education history and other information contained in a résumé uploaded through our Site or submitted through an online application form.
Information We Obtain Through Automated Means
When you visit our Site, we may collect certain information (including IP addresses) by automated means, such as cookies, web server logs, web beacons and JavaScript.
Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your
device. Our Site may use cookies (such as HTTP and HTML5 cookies) and Flash cookies, as well as other types of local storage (such as browser-based or plugin-based
local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies.
You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Panel and Global Storage Settings Panel. Please note, however, that without cookies you may not be able to use all of the features of our Site. In conjunction with gathering information through automated means, we may log information such as your device type and other device characteristics (including identifiers associated with your device), operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located.
We also may record information such as the address of the web page that referred you to our Site and the IP address of the device you use to connect to our Site. We may log information about your interaction with the Site, such as which pages you visit. To control which web servers collect information by automated means, we may place tags on our web pages called “web beacons,” which are small files that link web pages to particular web servers and theircookies. We also may send instructions to your device using JavaScript or other computer languages to gather the sorts of information described above about your interactions with the Site.
How We Use the Information We Obtain
We may use the information described above to; Communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, offers, surveys and market research; In accordance with applicable laws, send you promotional materials and other communications; Respond to your inquiries;Send you email alerts relating to investor relations if you request to receive them; With respect to job applicants, create and manage your account, process your employment application and notify you of future opportunities that may be of interest to you; With respect to beauty professionals, help you locate other professionals and distributors of our products; Customizing our users’ preferences and visits to our Site and delivering content tailored to our users’ interests and the manner in which our users browse or interact with our Site;Operate, evaluate and improve our business (including developing new products and services; managing, enhancing, improving and analyzing our products, services, business and Site; managing our communications; and performing accounting, auditing and other internal functions); Protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities; and Comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies. If we use the information in other ways, we will provide you with specific notice at the time of collection.
We may use third-party analytics services on our Site, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze visitors’ use of our Site. The information collected through these means (including IP address) may be disclosed to these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Site. To learn more about Google Analytics and how to opt out, please visit http://www.google.com/analytics/learn/privacy.html.
Interest-Based Advertising
On our Site, we may obtain information about your online activities for use in providing you with advertising about products and services tailored to your individual interests.
We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Online Privacy Notice provides details and explains
how to exercise your choices. You may see certain ads on other websites because we engage third-party ad buying networks.
Through such buying networks, we can target our messaging to users through demographic, interest-based and contextual means. We can track your online activities over time by collecting information through automated means, including
through the use of third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you advertisements that may be tailored to your
individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve our ads, such as the pages or ads you view
and the actions you take on the websites.
This data collection takes place both on our Site and on third-party websites that participate in these ad networks. This process also
helps us track the effectiveness of our marketing efforts. To learn how to opt out of this ad network interest-based advertising, click here. To the extent required by applicable
law, we will obtain your consent before placing or reading advertising cookies or similar technologies. Our Site is not designed to respond to “do not track” signals or similar mechanisms from
browsers or devices.
Information We Share
We do not disclose personal information we collect about you through the Site, except as described in this Online Privacy Notice. We may share personal information with our
affiliates and subsidiaries for the above purposes. We also will share personal information with service providers who perform services on our behalf based on our
instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal
requirements.
In addition, we will disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials based
on a lawful disclosure request, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an
investigation of suspected or actual fraudulent or illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a
portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
Your Rights and Choices
We offer you certain choices in connection with the personal information we obtain about you on the Site. To update your preferences, ask us to remove your information
from our mailing lists or submit a request, please contact us as indicated in the “How to Contact Us” section of this Online Privacy Notice. To the extent provided by the law of
your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by contacting us
as indicated in the “How to Contact Us” section of this Online Privacy Notice. Where provided by law, you may withdraw any consent you previously provided to us or object
at any time on legitimate grounds to the processing of your personal information by contacting us as indicated in the “How to Contact Us” section of this Online Privacy
Notice, and we will apply your preferences going forward. To learn more about how to opt out of ad network interest-based advertising, please
visit the consumer opt-out page at http://www.aboutads.info/choices/.
Notice to California Residents
Subject to certain limitations, California residents may ask us to provide them with (i) a list of certain categories of personal information that we have disclosed to third parties
for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may
contact us as specified in the How to Contact Us section below.
Data Transfers
We may transfer the personal information we collect about you through the Site to our affiliates, subsidiaries and service providers in the United States and other countries for
the purposes described above. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer
your information to other countries, we will protect that information as described in this Online Privacy Notice.
For residents of the European Union (“EU”) or Switzerland, in accordance with applicable law, we have implemented safeguards to ensure an adequate level of
protection for the data transferred outside of the EU or Switzerland. These safeguards include the European Commission’s Standard Contractual Clauses.
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized
destruction, loss, alteration, access, disclosure or use.
Links to Other Websites and Third-Party Plug-ins
Our Site may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with us. Linked websites
typically have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any
websites that are not affiliated with us, any use of those websites, or the privacy practices of those websites.
The providers of third-party plug-ins on our Site, such as social sharing tools, may use automated means to collect information regarding your use of the Site and your
interactions with these features. This information is subject to the privacy policies or notices of the plug-in providers and is not subject to this Online Privacy Notice.
To the extent permitted by applicable law, we are not responsible for these providers’ information practices.
Updates to Our Online Privacy Notice
This Online Privacy Notice (including any addenda) may be updated periodically and without prior notice to you to reflect changes in our personal information practices. For
significant changes, we will notify you by posting a prominent notice on our Site indicating at the top of the Online Privacy Notice when it was most recently updated.
How to Contact Us
If you would like to contact us to update information we have about you, or to exerciseyour rights under this notice, please send an email to: (customer.care@revlon.com) or
write to us at:
28 Tungsten Road, Isando, Gauteng
P O Box 205, Isando, 1600
South Africa
Thank you for visiting our Site.
MITCHUM TERMS OF USE
Effective Date: May 03, 2023
PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW, SUBJECT TO APPLICABLE LAW.
These Terms of Use (“Terms of Useâ€) govern your access to and use of this website and any other online and mobile websites, blogs and interactive applications operated by Revlon Consumer Products LLC and our subsidiaries and affiliates (“Revlonâ€, “us†or “we,†and such services collectively, the “Sitesâ€). Some of our Sites offer products for sale. If you purchase products from a site where we offer products for sale to consumers, Revlon’s terms of sale posted on the relevant site will apply in addition to these Terms of Use. If you are a business customer, these Terms of Use will govern your purchase of products from our business-facing Sites.
The following topics are covered below:
- Registration
- Third-Party Content
- Use of Content
- Materials You Submit
- Prohibited Activities
- Links
- Product Information
- Sales to Business Customers
- Trademarks and Copyrights
- Infringement Notice
- Termination
- DISCLAIMERS
- LIMITATION OF LIABILITY
- Indemnification
- Jurisdiction, Applicable Law and Arbitration
- Changes to These Terms of Use
- Entire Agreement
- Waiver
- Severability
- How to Contact Us
-
Registration
Certain features of the Sites may require registration or otherwise ask you to provide information to access certain content. The decision to provide this information is purely voluntary. However, if you elect not to provide the requested information, you may not be able to access certain content or use certain features of the Sites. You agree that you will not provide any false personal information to the Sites, or create an account for anyone other than yourself without their permission. You will also not create more than one account for yourself. If you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (e.g., if a trademark owner complains about a username). If you register with the Sites, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Sites. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your account. Revlon may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission. Additional terms and conditions may apply to certain limited-access portions of the Sites.
-
Third-Party Content
Certain content, features and functionality on the Sites (“Third-Party Contentâ€), which may include, for example, general information, information about our company or about third parties, or interactive tools, may be owned and operated by third parties (collectively, “Third-Party Providersâ€). We may, but are not obligated to, monitor or review any areas on the Sites containing Third-Party Content. The inclusion of Third-Party Content is not, and should not be construed as, our endorsement of such Third-Party Content. Your use and interaction with such Third-Party Content may be subject to separate terms and conditions of Third-Party Providers. If you access Third-Party Content, you will comply with the terms and conditions that apply.
WE ACCEPT NO RESPONSIBILITY FOR THIRD-PARTY CONTENT AND HEREBY DISCLAIM ALL LIABILITY RELATED TO IT.
-
Use of Content
The Sites, including but not limited to text, designs, graphics, logos, photographs, videos, audio, downloads, interfaces, software, and features, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing, but specifically excluding Third-Party Content (collectively, the “Contentâ€), are owned by us, our affiliates, and/or our licensors. We grant you a limited, non-transferable, non-sublicensable, non-exclusive license to access and use the Sites, and download and print the Content, for your personal and non-commercial informational use only, provided you do not remove any copyright, trademark or other proprietary notice that appears on the Content. Any other use of the Sites or any Content, including but not limited to the modification, distribution, performance, broadcast, publication, licensing, copying of source code or images, reverse engineering or resale of, or the creation of derivative works from the Sites or any Content, is prohibited, except as expressly permitted by applicable law. You agree to abide by all additional restrictions displayed on the Sites as they may be updated from time to time. We may revoke this license at any time for any or no reason. All rights not expressly granted are reserved by the applicable rights owner. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of the Sites; (ii) intercept any system, data or personal information from the Sites; or (iii) interrupt or attempt to interrupt the operation of the Sites in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Sites, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
-
Material You Submit
You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any material that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.†You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any material. You may not upload commercial content onto the Sites. You grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, transferrable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any material that you submit throughout the world in any media. You further agree that we are free to use, without consideration, any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant and are authorized to grant us the right to use, without consideration, any name or likeness you submit in connection with such material, if the company so chooses. You represent and warrant that you own or otherwise control all the rights to any material you submit; that the material is accurate and noninfringing, and does not otherwise violate the rights of any person or entity and conforms to all applicable law; that use of the material you submit does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us (and our affiliates and subsidiaries) for all claims resulting from any material you submit. We are under no obligation to use, post or disseminate any material you submit, and we have the absolute right to remove any material from the Sites in our sole discretion at any time.
-
Prohibited Activities
You may not use any “deep link,†“page-scrape,†“robot,†“spider†or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any of our servers, or to any of the services offered on or through the Sites, by hacking, password “mining†or other illegitimate means. The consumer-facing portions of the Sites are for the user’s personal and non-commercial use only.
-
Links
The Sites may contain links to other websites, some of which may be operated by us and others of which may be operated or controlled by third parties (“Third-Party Sitesâ€), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third-Party Sites is not, and should not be viewed, as our endorsement of the Third-Party Sites or any content therein. Different terms and conditions apply to your use of Third-Party Sites.
WE HAVE NO CONTROL OVER THE CONTENT OF THIRD-PARTY SITES, AND ACCEPT NO RESPONSIBILITY FOR THEM AND HEREBY DISCLAIM ALL LIABILITY RELATED TO THEM. IF YOU DECIDE TO ACCESS ANY THIRD-PARTY SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY SITES.
-
Product Information
The products displayed on the Sites are only distributed in certain select countries. Except for our business-facing Sites, all information presented on the Sites is intended to be used for personal, educational or informational purposes only. You are responsible for seeking the advice of appropriate professionals concerning information, opinions and products available through the Sites. Our products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions. Minors should use our products only with the permission of a parent or legal guardian.
Products may vary slightly from their pictures. The images of the products on our Sites are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products.
While we will take reasonable care to ensure that the details, descriptions, images and prices appearing on the Sites are correct at the time the information was entered onto the system, to the fullest extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content on the Sites are accurate, complete, reliable, current or error-free.
-
Sales to Business Customers
When the Sites make products available for sale to business customers, that activity is subject to this section of these Terms of Use.
Products can be ordered by business customers and delivered to business customers only within the country targeted by the Sites involved. Except where prohibited by law, we may limit the number of products available for purchase. When you place an order through the Sites, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders, such confirmation does not constitute our acceptance of your order. We reserve the right to reject or cancel any order, or reduce the quantity of any order, in whole or in part, at any time prior to shipping as determined by us in our sole discretion.
All prices displayed on the Sites are quoted in the national currency of the country from which the Site is available, unless another currency is specified, and are valid only in that country. A suggested price refers to the manufacturer’s suggested retail price. The price listed refers to the price at which we are making the product available. If you place an order for a product through the Sites, you agree to pay the price that is stated in your order and any applicable taxes stated in your order. While we try to provide accurate pricing information on the Sites, a price stated on the Sites occasionally may be in error. If we determine that the correct price is higher than the stated price, we are not obligated to fulfill your order at the stated price. Occasionally we may offer special promotions that we refer to as “special offers.†Special offers may be for a limited time only, may be available in limited quantities, and may be subject to additional terms and conditions. Special offers cannot be combined unless we specifically state otherwise.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. In such a case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
-
Trademarks and Copyrights
All trademarks, trade names, service marks, trade dress, Content and Third-Party Content displayed on the Sites, including its look and feel (collectively, the “IPâ€), are our property or the property of our licensors, content providers or other third parties. Except as specifically provided in these Terms of Use, nothing in these Terms of Use or on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any IP without our or the licensor’s prior written consent.
-
Infringement Notice
We respect the intellectual property rights of others and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Revlon Consumer Products LLC
55 Water Street
New York, New York 10041
U.S.A.
Attn.: Legal Department, Trademark & Copyright Counsel
Telephone +1.212.527.4000
Email : copyright@revlon.com -
Termination
You understand and agree that we may terminate your account or password, delete your account information, and/or prohibit you from accessing the Sites, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. We shall not have any liability to you or any other person for any termination of your access to the Sites and/or the removal of information concerning your Account. In addition, any violation of this Agreement may be referred to law enforcement authorities.
-
DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS AND THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS†AND “AS AVAILABLE†BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITES; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITES, CONTENT AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY US. VIEWS AND OPINIONS OF USERS OF THE SITES DO NOT NECESSARILY STATE OR REFLECT OUR VIEWS AND OPINIONS.
-
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF BUSINESS, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SITES, OR ANY CONTENT, SERVICES, LINKS, OR THIRD-PARTY CONTENT MADE AVAILABLE ON THE SITES OR ON ANY THIRD-PARTY SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR AFFILIATES OR APPLICABLE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGESâ€). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. OUR MAXIMUM LIABILITY FOR ANY OTHER DAMAGES RELATED TO YOUR USE OF THE SITES OR ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES WILL BE THE GREATER OF THE AMOUNT YOU PAID IN RELATION TO YOUR CLAIM OR $25 USD.
NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (C) ANY OTHER LIABILITY WHICH WE CANNOT EXCLUDE OR LIMIT BY LAW.
The internet may be subject to breaches of security. Revlon is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet.
-
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless us, our affiliates and our respective officers, directors, shareholders, employees, contractors, agents, licensors, third-party service providers, successors and assigns from and against any claims, judgments, awards, losses, liabilities, expenses, damages, costs, fines, penalties and fees (including reasonable attorneys’ and experts’ fees and court costs) (collectively, “Lossesâ€) arising out of or relating to (i) your use of the Sites, Content or Third-Party Content other than as expressly authorized in these Terms of Use; (ii) your violation of any terms of use or similar terms provided by Third-Party Providers with respect to any Third-Party Content; or (iii) claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all Losses arising or resulting from that disruption. This provision does not apply to intentional or reckless acts or gross negligence on our part. You will cooperate as fully and as reasonably required in Revlon’s defense of any claim.
-
Jurisdiction, Applicable Law and Arbitration
The substantive laws of the State of New York govern these Terms of Use and your use of the Sites. To the maximum extent permitted by law, and solely with respect to any disputes or claims not subject to arbitration, you irrevocably consent to the jurisdiction of the courts located in Manhattan, New York for any action or proceeding arising out of or relating to these Terms of Use.
You and we agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) that you may have against Revlon and/or its parent, subsidiaries, affiliates and each of their respective officers, directors and employees (all such individuals and entities collectively referred to herein as the “Revlon Entitiesâ€), or that any of the Revlon entities may have against you, arising out of, relating to, or connected in any way with the Sites or the determination of the scope or applicability of this agreement to arbitrate, will be resolved either by final and binding arbitration administered by the American Arbitration Association and be conducted in accordance with its Consumer Arbitration Rules (the “Rulesâ€) or by an individual action in small claims court, in which the claim or dispute between you and us is not consolidated with any other person’s claim; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAAâ€), 9 U.S.C. §§ 1-16; (3) in circumstances in which the Rules provide for an in-person hearing, such hearing will, at your request, take place in your hometown area or in New York, New York; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Revlon Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) the arbitrator’s award will consist of a written statement stating the disposition of each claim and provide a concise written statement of the essential findings and conclusions on which the award is based; (6) if you initiate an arbitration against us, the only fee you will be required to pay is $250, and all other costs of the arbitration will be borne by us; (7) if we initiate an arbitration against you, we will be required to pay all costs associated with the arbitration; and (8) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Revlon shall be entitled to arbitrate their dispute.
Contact information for the American Arbitration Association, as well as copies of the Rules and applicable forms, are available at www.adr.org or by calling the American Arbitration Association at (800) 778-7879.
-
Changes to These Terms of Use
To the fullest extent permitted by applicable law, we reserve the right in our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Sites. It is your responsibility to check for any changes we make to these Terms of Use each time you use the Sites or any portion thereof. If you access or use the Sites in any way after the Terms of Use have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms of Use will be available on the Sites and will supersede all previous versions of these Terms of Use. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Revlon.
-
Entire Agreement
These Terms of Use and any policies, operating rules, or Terms of Sale posted on the Sites (but excluding those terms and other conditions offered by the Third-Party Providers, as described in the paragraph entitled “Third-Party Contentâ€) constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
-
Waiver
No waiver by us of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
-
Severability
If any provision of these Terms of Use 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.
-
How to Contact Us
If you have any questions or comments about these Terms of Use or the Sites, please contact us via this link or write to us at:
Revlon – Consumer Information Center
1501 Williamsboro Street
Oxford, North Carolina 27565
U.S.A.Thank you for visiting our Sites.