3. General Terms and Conditions
5. User Content Guidelines
We welcome user comments, information and submissions. Please follow these guidelines when sharing, tagging, privately messaging, submitting, writing, and/or posting photographs, video, your social media handle or other content (“User Postings”) the Avanza Skin site and other social media pages (e.g. Facebook, Instagram, Twitter, Pinterest, Tumblr).
The comments and views expressed in User Posts do not necessarily reflect Avanza Skin’s views or opinions. We are not responsible for content submitted to the page. While we do not monitor every User Posting, please be aware that we may remove, without notice, any post that does not comply with the guidelines listed below.
When creating your Post, please:
Focus on the product and your individual experience using it
Provide details about why you like or disliked a product
Do not make any reference to medical conditions
Do not make any drug claims
Don’t include any sensitive or Personal Information
By sharing a User Posting you agree:
You are at least 18 years old and the sole author of the User Posting
All content you post is accurate and truthful
To disclose any connection to Avanza Skin including receipt of free product samples or compensation or affiliation with the brand
You have permission from any other person(s) featured in your submission
Your posting does not infringe any third party's copyright, patent, trademark, trade secret, other proprietary rights or rights of publicity or privacy or violate any law or contain false, misleading content;
You agree to indemnify and hold Smart Skin Solutions, LLC and any affiliates and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.
6. Review of Submissions
7. User Conduct
8. No Endorsement
We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
9. Our Right to Use User Content
You do not have to submit anything to us, but if you choose to submit any User Content to the Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.
By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, 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, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
You grant to Smart Skin Solutions LLC and its affiliates and or related entities (collectively “Avanza Skin”) the right to use your social media handle, moniker, name and/or your photographs(s), upload, video, comment, testimonial, likeness and other submissions in addition to those you have tagged with #avanzaskin or a Avanza Skin-campaign hashtag (“Your Post”) in perpetuity and for any brand marketing, advertising and promotional purposes, including but not limited to on www.avanzaskin.com, in social media, on third party retail sites featuring Avanza Skin, print materials, in-store or digital advertising. Avanza Skin may use, reproduce, distribute, combine Your Post with other materials, alter and/or edit it in any manner in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your posts, (ii) you have permission from any person(s) appearing in Your Post to grant the rights herein, (iii) you are not a minor, (iv) Avanza Skin’s use of Your Post will not violate the rights of any third party or any law and, (v) if Your Post contains a testimonial you further agree that it is a true and accurate expression of your honest belief based on use of Avanza Skin products and that you have disclosed receipt of any free product or incentives in exchange for providing Your Post.
You hereby release, discharge and agree to hold Avanza Skin and any person acting on Avanza Skin’s behalf harmless from any liability related in any way with the use of Your Post.
10. Transmitting Materials
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. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the 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 advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
11. Product Availability
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing.
12. Orders, Prohibition on Reselling
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
You may not purchase any item from this Site for resale by you or any other person. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
13. Intellectual Property Rights
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Smart Skin Solutions, LLC or by other parties that have provided rights thereto to Smart Skin Solutions, LLC.
14. Third Party Websites and Links
You may be able to link to third party websites, services or resources on the Internet from the Site, and third party websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we 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.
15. Third Party Merchants
The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
16. Advertisements, Sponsorships, Co-promotions and Other Partnerships
We may display advertisements for the goods and services of a third party on the Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.
You may be invited or asked to attend events we sponsor or events held by other members and users of the Site which are not in any way associated with us (collectively, “Events”). Your participation in any Events is at your own risk.
19. Governing Law; General Information
We control and operate the Site from our offices in the State of New York, United States of America. 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 the United States of America and the laws of the State of New York. 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.
Please feel free to contact us via one of the methods described on our Contact Us page. You agree that we 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 U.S. mail to your email or mailing address as appearing in our records from time to time.
These Terms and Conditions were last updated March 2020.