The Avon Breast Cancer Crusade, a 501(c)(3) public charity having a place of business at 1201 Connecticut Avenue, NW, Suite 300, Washington DC, 20036 (referred to as “ABCC,” “we,” “us” and “our“), operates the AVON39.ORG, and ALLFORTHEBREAST.ORG websites (the “ABCC Websites”), which are governed by these Terms and Conditions of Use, which include our Privacy Statement (the “Privacy Statement” and collectively, the “Agreement”). By using the ABCC Websites, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use the ABCC Websites.
We reserve the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you notice of the change by any reasonable means, including without limitation posting the revised draft of this Agreement and notice of the changes on the ABCC Websites. You can determine when this Agreement was last revised by referring to the “Last Updated” legend at the top of this Agreement. Your continued use of the ABCC Websites following the posting of changes to this Agreement constitutes your acceptance of those changes.
All material on the ABCC Websites is protected by copyright. Except as stated in this Agreement, none of the material on the ABCC Websites may be copied, reproduced, distributed, republished, modified, adapted, changed, uploaded, displayed, posted or transmitted in any way whatsoever without obtaining our prior written consent. Subject to your compliance with this Agreement, you may download one copy of any particular materials from the ABCC Websites for your own personal, non-commercial use, provided that you do not remove any copyright notice or other restrictions contained in or applicable to those materials, including any author attribution or copyright or trademark notice.
“AVON Breast Cancer Crusade”, “AVON 39”, the ABCC logo, and the other ABCC trademarks, trade names, service marks and logos appearing on the ABCC Websites (“Our Trademarks”) are proprietary trademarks of ABCC. You may not use Our Trademarks without written authorization from us. Additionally, you may not use Our Trademarks: (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that disparages or discredits us. You may not register any domain name containing any of Our Trademarks.
Information Submitted Through the ABCC Websites
Your submission of information through the ABCC Websites is governed by the Privacy Statement (which is incorporated into this Agreement). You represent and warrant that any information you provide in connection with your use of the ABCC Websites is true, accurate and complete, and that you will maintain and update that information as needed, so that the information remains true, accurate and complete.
Registration; User Names and Passwords
You may be required to register with ABCC in order to access certain areas of the ABCC Websites. With respect to any registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that 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 ABCC Websites, and you agree not to transfer or permit the use of your password or user name, or lend or otherwise transfer your use of or access to the ABCC Websites, to any third party. You are fully responsible for all transactions (e.g., donations), including any information transmitted in connection with any transactions and other interactions with the ABCC Websites that occur in connection with your user name. Your obligations regarding transactions are further described below in the “Donations and Other Transactions” Section. You agree to notify us immediately 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 ABCC Websites.
Material Provided By You and Other Users
The ABCC Websites may offer features that allow you to submit and share text, photos, comments, other works of authorship, and other materials (all together, “User Content“).
When you submit User Content to the ABCC Websites, you grant us a non-exclusive, worldwide, royalty-free, license (with the right to sublicense the rights) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed in connection with our operation of the ABCC Websites; to use your name and likeness and the names, likenesses, and other information you submit as part of User Content; and to identify User Content with our description or additional information, provided that those uses will be in connection with the ABCC Websites. When you submit any User Content, you represent and warrant that (A) you have the right to submit it; (B) you have obtained all rights and consents necessary to grant this license, including to any third-party material included in User Content and from any individual depicted in User Content; (C) the User Content does not and will not violate any third party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal, or other right of any kind; (D) you are under no obligation that would in any way interfere with the disclosure or use of User Content; and (E) no User Content contains any material or information furnished to you in confidence or with the understanding that it would not be disclosed or published.
You irrevocably release (on behalf of yourself and your successors, heirs, family members, and executors) the ABCC and its affiliates (and their respective members, managers, directors, officers, employees, and agents) from any claim of any nature that you have or may ever have (based on any cause of action, including rights of publicity or privacy, trademark or service mark, copyright, “moral rights,” false light, libel, defamation, false advertising, or intentional or negligent infliction of emotional distress) arising out of any use of User Content you submit and any use of your name, likeness, or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you reside in any other jurisdiction that places similar restrictions on a general release, you waive those restrictions to the maximum extent permissible under the applicable law.
We have no obligation to display or otherwise use any User Content in any way. We have the right to delete, modify, or supplement User Content at any time for any reason without notice to anyone. User Content is not confidential and may be available to the general public via the ABCC Websites or otherwise. You are solely responsible for any User Content that you submit to the ABCC Websites. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE ABCC WEBSITES, YOU DO SO AT YOUR OWN RISK. We do not endorse or adopt any User Content. We have no obligation to pre-screen, monitor, edit, supplement, or delete User Content, but we reserve the right to do so at any time without notice to anyone. We may restrict you from submitting new User Content or from otherwise participating in the ABCC Websites’ interactive features for any reason at any time. We are not responsible for any failure or delay in removing User Content that does not comply with this Agreement.
While using the ABCC Websites, you agree not to:
Post, transmit, or otherwise make available through or in connection with the ABCC Websites:
Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right;
Any material that you do not have the right to submit or that violates another party’s right or any law or regulation;
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 software, hardware, or other equipment;
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 ABCC in advance;
Any personally identifiable information of another individual, without the prior written consent of that individual.
Use the ABCC Websites for any fraudulent or unlawful purpose.
Use the ABCC Websites to defame, abuse, harass, stalk, threaten 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 users of the ABCC Websites.
Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the ABCC Websites; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the ABCC Websites or the servers or networks used to make the ABCC Websites available; or violate any requirements, procedures, policies or regulations of those networks.
Restrict or inhibit any other person from using the ABCC Websites (including without limitation by hacking or defacing any portion of the ABCC Websites).
Use the ABCC Websites to advertise or offer to sell or buy any goods or services for any business purpose.
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the ABCC Websites.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the ABCC Websites.
Remove any copyright, trademark or other proprietary rights notice from the ABCC Websites or materials originating from the ABCC Websites.
Frame or mirror any part of the ABCC Websites.
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 the ABCC Websites content or reproduce or circumvent the navigational structure or presentation of the ABCC Websites without ABCC’s express prior written consent.
Notice and Procedure for Making Claims of Copyright Infringement
We do not monitor all material posted on the ABCC Websites. If you believe that any material posted on the ABCC Websites infringes your copyright, then you may request the removal of those materials from the ABCC Websites in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to:
Avon Breast Cancer Crusade
PO Box 3535
Grand Central Station
New York, NY 10163
To comply with the Copyright Act, your Notice must be in writing and must include all of the following:
(1) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of those works;
(2) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(3) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(4) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; and
(6) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the “alleged infringer“) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter notice (“Counter Notice“) that the initial infringement notice was erroneous. The Counter Notice must be in writing and must include all of the following:
(1) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(2) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;
(3) The alleged infringer’s name, address, and telephone number; and
(4) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent; and
(5) A physical or electronic signature of the alleged infringer.
Upon receipt of a Counter Notice, we will notify you of the Counter Notice and restore the material within 10 to 14 business days of receipt of the Counter Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the ABCC Websites.
Donations and Other Transactions
If you wish to make a donation through an ABCC Website or to register ABCC events and activities (each, a “Transaction”), you may be asked to supply certain information relevant to your Transaction to our third-party service provider, including without limitation your contact information, 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. All Transactions are processed exclusively by that third-party service provider, who receives the information you provide in connection with the Transaction. For more information regarding the treatment of the information you provide in connection with Transactions, please read our Privacy Statement.
Links to or From Other Sites
The ABCC Websites may contain links to websites operated by third parties, or may embed services operated by third parties (“Third Party Sites/Services“). Except as otherwise expressly stated by the ABCC on an ABCC Website, ABCC is not affiliated or associated with operators of any Third Party Sites/Services. ABCC expressly disclaims any responsibility for the accuracy, content, or availability of information found on or through Third Party Sites/Services. We cannot ensure your satisfaction with any products or services that are available through any Third Party Sites/Services because these Third Party Sites/Services are owned and operated by independent entities. We do not endorse any of the products or services available through those sites or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information made available through those sites and services. 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, including our Transaction service provider.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES/SERVICES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH THOSE SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO THOSE SITES AND RESOURCES.
THE ABCC WEBSITES AND THE SERVICES AND MATERIALS AVAILABLE THROUGH THEM ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE ABCC WEBSITES OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH THEM WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH THE ABCC WEBSITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT ON THE ABCC WEBSITES OR SERVICES AVAILABLE THROUGH THEM OR THROUGH LINKS TO THIRD-PARTY WEB SITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE ABCC WEBSITES AND OUR SERVICES. IF YOU RELY ON THE ABCC WEBSITES AND ANY MATERIALS OR SERVICES AVAILABLE THROUGH THEM, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE ABCC WEBSITES AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH THEM, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE ABCC WEBSITES, WE DO NOT GUARANTEE OR WARRANT THAT THE ABCC WEBSITES, OR SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH THE ABCC WEBSITES, ARE FREE FROM DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THOSE FEATURES.
Limitation of Liability
IN NO EVENT WILL ABCC, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE ” ABCC ENTITIES“) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF THE ABCC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES) ARISING OUT OF (A) THIS AGREEMENT, (B) THE ABCC WEBSITES, OR (C) YOUR USE OF OR INABILITY TO USE THE ABCC WEBSITES. 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. ABCC 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. ABCC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT WILL ABCC ‘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 ABCC WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE ABCC WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE ABCC WEBSITES.
You will indemnify and hold ABCC Entities harmless against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees and court costs) that they incur arising from or related to (a) your use of the ABCC Websites; (b) your violation of this Agreement or any other ABCC terms, conditions or policies; (c) any Transaction; (d) any allegation that any materials that you make available through the ABCC Websites infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any ABCC Website visitor, user, or customer, or any other third party.
This Agreement is effective until terminated by ABCC. You agree that ABCC, at its sole discretion, may terminate your access to or use of the ABCC Websites, at any time and for any reason, including without limitation if ABCC 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 this Agreement). Upon any termination, your right to use the ABCC Websites will immediately cease. You agree that any termination of your access to or use of the ABCC Websites may be effected without prior notice. The “Disclaimer,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous” sections of this Agreement (along with any other provision that by its terms contemplates survival) survive any termination of this Agreement.
This Agreement is governed by the laws of the State of New York, except to the extent that any of those laws would lead to the application of the law of another jurisdiction. You irrevocably agree to bring any claim or dispute relating to your use of the ABCC Websites or this Agreement exclusively in the state or federal courts located in the State and County of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.
If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable for any reason, then that provision will be removed and the remaining provisions will be enforceable to fullest extent permitted by law (unless doing so would deprive either party of a material benefit of this Agreement).
You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
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.
Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision.
This Agreement is the entire agreement between you and the ABCC relating to its subject matter and, except as otherwise provided in this Agreement, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the ABCC relating to that subject matter.
Last Updated: Nov. 18, 2015