Terms of service
Please read these Terms and Conditions of Use (the “Agreement”) carefully before using this website. This Agreement applies to the MyMish website(s), including, without limitation, MyMish.com (collectively, the “MyMish Websites”). If you do not agree to the terms and conditions of this Agreement, please do not use the MyMish Websites.
MyMish (referred to herein as “MyMish,” “we,” “us,” and “our”) reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion. We may provide notice of such changes by any reasonable means, including posting the revised version of this Agreement on the MyMish Websites. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. You should review this Agreement periodically and prior to using the MyMish Websites.
For purposes of this Agreement, the following terms have the following meanings:
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Restricted Uses.
The MyMish Websites are owned and operated by MyMish. The contents of the MyMish Websites are protected under applicable copyright laws. Except as expressly stated herein, none of the material on the MyMish Websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way.
Subject to your compliance with this Agreement, and solely for as long as you are permitted by MyMish to access and use the MyMish Websites, you may download one (1) copy of any particular materials from the MyMish Websites for your personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials. Any modification of the materials, or use of the materials for any other purpose (commercial or non-commercial), is a violation of MyMish’s copyright and other proprietary rights.
“MyMish” and other trademarks, trade names, service marks, and logos appearing on the MyMish Websites are proprietary to MyMish or its licensors. The use of any trademarks or any other content made available through the MyMish Websites, except as expressly permitted in this Agreement, is strictly prohibited.
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Information Submitted Through the MyMish Websites.
Your submission of information through the MyMish Websites is governed by MyMish’s Privacy Policy (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
By submitting any information or material to the MyMish Websites, you represent, warrant, and agree that:
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any information or material you provide in connection with your use of the MyMish Websites is true, accurate, and complete, and you will maintain and update such information as needed;
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you are at least thirteen (13) years old;
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the use of the information or material you supply does not violate this Agreement; and
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if you provide contact information, MyMish may contact you regarding orders, transactions, customer support inquiries, and other matters related to MyMish operations.
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Registration, User Names, and Passwords.
You may be required to register with MyMish to access certain areas of the MyMish Websites, including to purchase products or otherwise initiate transactions (“Transactions”). MyMish 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 used to access the MyMish Websites. You agree not to share or transfer your password or user name, or lend or otherwise transfer your use of or access to the MyMish Websites, to any third party. You are responsible for all Transactions and other interactions that occur under your account. You agree to notify MyMish immediately of any unauthorized use of your account or any other breach of security, and to log off at the end of each session. MyMish is not liable for any loss or damage arising from your failure to comply with these obligations.
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Rules of Conduct.
We expect users of the MyMish Websites to respect the law and the rights and dignity of others. While using the MyMish Websites, you agree to comply with all applicable laws, rules, and regulations. Your access to the MyMish Websites is conditioned on your compliance with the rules of conduct below. Failure to comply may result in termination of your access as described in the Termination section below.
You agree not to:
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Post, transmit, or otherwise make available through or in connection with the MyMish Websites any information or materials that are threatening, harassing, hateful, defamatory, fraudulent, obscene, or otherwise objectionable;
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Post content that infringes a third party’s copyright, patent, trademark, trade secret, or other proprietary rights, or violates privacy/publicity rights;
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Post content you know to be false, inaccurate, or misleading;
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Post content for which you were compensated by a third party without proper disclosure;
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Post or share personal information of another individual without consent;
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Upload or transmit any harmful code (including viruses, worms, Trojan horses, spyware, or other malicious code);
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Send unsolicited or unauthorized advertisements, promotional materials, spam, chain letters, pyramid schemes, or any other solicitation not expressly approved by MyMish;
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Use the MyMish Websites for any unlawful or fraudulent purpose;
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Impersonate any person or entity or misrepresent your affiliation with any person or entity;
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Interfere with or disrupt the operation of the MyMish Websites or associated servers/networks;
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Restrict or inhibit any other person from using the MyMish Websites;
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Use the MyMish Websites to advertise or offer to sell or buy goods or services for any business purpose without MyMish’s prior written consent;
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Reproduce, duplicate, copy, sell, resell, or exploit any portion of the MyMish Websites for commercial purposes;
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Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the MyMish Websites;
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Remove copyright, trademark, or other proprietary rights notices;
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Frame or mirror any part of the MyMish Websites;
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Create a database by downloading and storing MyMish Websites content; or
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Use robots, spiders, scrapers, data-mining tools, or similar automated mechanisms to access or extract content without MyMish’s prior written consent.
You (and not MyMish) are responsible for obtaining and maintaining all telecommunications, internet access, hardware, equipment, and services needed to access and use the MyMish Websites, and for paying all charges related thereto.
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Ratings, Forums, and Submissions.
MyMish may offer features that enable you to post information publicly (e.g., product ratings, reviews, bulletin boards, chat areas, and similar forums) (collectively, “Forums”). All rules of conduct in Section 4 apply to Forums.
When you submit or make available any information or materials through the Forums or otherwise through the MyMish Websites (“Submissions”), you acknowledge and agree that such Submissions are non-proprietary and non-confidential and may be publicly available. You grant MyMish a worldwide, perpetual, royalty-free, irrevocable, nonexclusive license (sublicensable through multiple tiers) to use, reproduce, distribute, adapt, create derivative works of, transmit, publicly display, publicly perform, and otherwise use such Submissions in any media for any purpose, commercial or otherwise, without compensation to you. You represent and warrant that you have all rights necessary to grant the license in this section.
MyMish reserves the right, at its sole discretion, to edit or remove any Submissions, and to choose whether to include any Submission on the MyMish Websites. MyMish is not responsible for screening or verifying third-party content posted on Forums.
If you choose to make personally identifiable information publicly available through Forums or otherwise through the MyMish Websites, you do so at your own risk.
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Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through the MyMish Websites may be governed by specific rules separate from this Agreement. By participating, you agree to become subject to those rules. MyMish urges you to read the applicable rules and review the Privacy Policy, which will also govern any information you submit in connection with such promotions.
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Intended Audience.
MyMish controls and operates the MyMish Websites from the United States. The MyMish Websites are intended to comply with U.S. laws and are not intended to subject MyMish to the laws or jurisdiction of any country other than the United States. Unless otherwise specified, materials made available through the MyMish Websites are presented solely for providing services and promoting products available in the United States. Those who choose to access the MyMish Websites from other locations do so at their own initiative and risk and are responsible for compliance with local laws.
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Links to or From Other Sites.
MyMish is not responsible for the content, accuracy, or availability of third-party websites that link to or are linked from the MyMish Websites. Your use of any third-party sites is at your own risk and is subject to the terms and conditions of those third-party sites.
MyMish may block links to the MyMish Websites at any time and at its sole discretion.
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Disclaimer of Warranties.
THE MYMISH WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYMISH MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE MYMISH WEBSITES. YOUR RELIANCE ON OR USE OF SUCH MATERIALS IS AT YOUR SOLE RISK.
MYMISH DOES NOT WARRANT THAT THE MYMISH WEBSITES WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MYMISH WEBSITES OR THE SERVERS/NETWORKS THROUGH WHICH THEY ARE MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYMISH, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE MYMISH WEBSITES, INCLUDING YOUR USE OF OR INABILITY TO USE THE MYMISH WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYMISH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THIS AGREEMENT OR THE MYMISH WEBSITES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE MYMISH WEBSITES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION/LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
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Indemnification.
You will indemnify and hold harmless MyMish and its affiliates, and their respective employees, officers, directors, and agents, from and against any claims, actions, demands, causes of action, and other proceedings arising from or related to: (a) your use of or activities in connection with the MyMish Websites; (b) any violation of this Agreement; (c) any Transaction; or (d) any allegation that your Submissions infringe or violate the intellectual property, privacy, or other rights of any third party. You agree to reimburse MyMish on demand for any damages, losses, costs, judgments, fees, fines, and other expenses (including attorneys’ fees and court costs) incurred as a result of any claim.
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Termination and Enforcement.
This Agreement is effective until terminated by MyMish. MyMish may terminate your access to or use of the MyMish Websites at any time and for any reason, including if MyMish believes you have violated this Agreement. Upon termination, your right to use the MyMish Websites will immediately cease. MyMish is not liable to you or any third party for any termination of access.
MyMish reserves the right to take steps it deems necessary or appropriate to enforce and verify compliance with this Agreement, including in connection with any legal process relating to your use of the MyMish Websites and/or any third-party claim.
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Claims of Copyright Infringement (DMCA).
If you believe in good faith that materials available on the MyMish Websites infringe your copyright, you (or your agent) may send MyMish a notice requesting removal of the materials or blocking access to them. If you believe someone has wrongly filed a notice against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet applicable DMCA requirements.
DMCA notices should be sent to:
MyMish
Attn: Copyright Agent / Legal
6277 Diamond Way
Dublin, CA 94568
Phone: 302.465.6403
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Information or Complaints.
If you have a question or complaint regarding the MyMish Websites, please contact us at:
MyMish
6277 Diamond Way
Dublin, CA 94568
Phone: 302.465.6403
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Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
[Note: The arbitration section you provided is very specific (JAMS, addresses, New York law/venue, opt-out email addresses). If you want to keep arbitration, we should replace the Avon-specific emails/addresses and confirm the state governing law you want (California vs New York).]
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Miscellaneous.
If any provision of this Agreement is deemed unlawful, void, or unenforceable, that provision will be severed and will not affect the validity and enforceability of the remaining provisions. This Agreement does not create any partnership, joint venture, employment, agency, or franchise relationship between you and MyMish. You may not assign, transfer, or sublicense your rights or obligations under this Agreement without MyMish’s prior written consent. Headings are for convenience only and do not define any section. This Agreement, together with any policies incorporated by reference, is the entire agreement between you and MyMish relating to the subject matter hereof.