Effective as of June 13, 2022
Thank you for accessing www.elfcosmetics.com (the “Website”) and/or an e.l.f. Cosmetics mobile application(s) (the “App”).
The Website and App are owned and operated by e.l.f. Cosmetics, Inc., a Delaware corporation (“we” or “e.l.f. Cosmetics”). Our headquarters are located at 570 10th Street, Oakland, CA 94607 USA.
I. USE OF THE WEBSITE AND/OR APP
You may use the Website and/or App only for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website and/or App. You may not:
- misuse or tamper with the Website and/or App (e.g., hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc.);
- use the Website and/or App in any way that breaches any applicable local, national, or international law or regulation;
- use the Website and/or App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- use the Website and/or App for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use, or re-use any material which does not comply with our user-generated content guidelines;
- use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Website and/or App to monitor, extract, copy, or collect information or data from or through the Website and/or App, or engage in any manual process to do the same; or
- use the Website and/or App to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
The Website and/or App is meant for adults. By using this Website and/or App, you are representing that you have reached the age of majority in the state or country in which you reside.
II. AVAILABILITY OF THE WEBSITE and/or app AND ACCESSING THE WEBSITE and/or app
You are responsible for making all arrangements necessary for you to have access to the Website and/or App.
Although we aim to offer you the best service possible, the Website, App, or any content on them, may not always be available or remain uninterrupted. Please note that we may suspend or withdraw or restrict the availability of all or any part of the Website or App for business and operational reasons without notice (e.g., for repairs, maintenance and/or updates). We will attempt to restore the service as soon as we reasonably can. Except where required by applicable law, we will not be liable to you if for any reason the Website and/or App is unavailable at any time or for any period.
We use reasonable efforts to ensure that the Website and the App are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Website and/or App (including any content on either or any Website and/or App accessible from either) will not cause damage to your computer or other device. You should use your own virus protection software. Except where required by applicable law, we are not liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website and/or App.
III. CREATING AND SAFEGUARDING YOUR ACCOUNT
To use certain parts of the Website and/or App, you may need to create an account (“Account”). You agree to provide us with accurate, complete, and updated information for your Account. You can access, edit, and update your Account by logging in at https://www.elfcosmetics.com/login. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us using the information in the “Contact Us” section if you know or have any reason to suspect that your Account or password have been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
IV. USER GENERATED CONTENT
You agree that we may use your comments, reviews, feedback, suggestions, or questions, and any other submissions disclosed, submitted, or offered by you on or through the Website and/or App (collectively, “Submissions”) without compensation, acknowledgement, or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Website, App, or other products or services. When you make a Submission (other than your personal data which is subject to our Privacy Notice), you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferrable license to use reproduce, distribute, prepare derivative works, and display the Submission in connection with our business, including in order to promote our websites or our business. You also grant us the right to sub-license your content to third parties on the same terms granted by you to us.
By posting or submitting Submissions through the Website and/or App, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for your Submissions. You agree that your Submissions will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described in the preceding paragraph.
Submissions should not include:
- abusive, offensive, or otherwise inappropriate language;
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous, or discriminatory comments or content that might be considered to be harassment, abuse, or threats against the personal safety or property of others;
- comments about other reviewers or bloggers;
- remarks that repeat criminal accusations, false, defamatory, or misleading statements;
- material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses, or credit card numbers;
- spam or advertising; or
- HTML code, computer script, or website URLs.
We, in our absolute discretion, reserve the right to not publish any Submission or remove it, take any appropriate action if deemed necessary, or remove reviews which do not comply with the provisions above.
Please note that the views expressed in Submissions are the opinions of those users and do not represent the views, opinions, beliefs, or values of e.l.f. Cosmetics or any of our companies or affiliates.
V. VIRTUAL MAKEUP TRY-ON TOOL
The e.l.f. Virtual Makeup Try-On Tool uses a photo or live camera feed to show a simulation of how a product may look on the user in the image. e.l.f. Cosmetics does not collect, keep, or disclose the photo, image, and/or video feed, or any data associated with them. e.l.f. Cosmetics does not collect, keep, or disclose any biometric information or biometric data in connection with the e.l.f. Virtual Makeup Try-On Tool.
By using the e.l.f. Virtual Makeup Try-On Tool and/or any other applications, programs, or technologies that use your camera and/or device, you consent to the use of your camera and/or device to permit the tool to take or use your image and overlay a portion or region of the face in the image with an image of the selected cosmetic product.
VI. ELECTRONIC COMMUNICATIONS
By using the Website and/or App, you agree that we may send you operational messages. You consent to receiving operational electronic communications and notices from us. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any marketing messages we send to you will be sent in accordance with our Privacy Notice and, with respect to text messages, our SMS Marketing Terms and Conditions. You have the right to opt out of receiving marketing messages at any time. Please see our Privacy Notice (and, with respect to text messages, our SMS Marketing Terms and Conditions) for more information regarding opting out of receiving marketing messages.
VII. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website and/or App, and in the material published on it (the “Material”). The Material is protected by copyright laws and treaties around the world. ALL RIGHTS RESERVED.
We do not grant any implied right to you or any other person and do not transfer or assign any ownership or intellectual property interest or title in or to the Website or App (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Website and/or App (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes and may result in criminal or civil penalties.
You may not alter, delete, or conceal any copyright or other notices contained on the Website, App, or Material, including notices on any audio/visual material you access, download, transmit, display, print, or reproduce from the Website and/or App.
You may not, nor will you allow any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Material without our express prior written consent.
VIII. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use the Website, App, and products do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Website and/or App infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- 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; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Website and/or App is our General Counsel, Scott K. Milsten, who can be reached as follows:
e.l.f. Cosmetics, Inc.
570 10th Street
Oakland, CA 94607
Attn: Legal Department
IX. NO WARRANTY
The Website, the App, and the Material are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website and/or App.
Although we make reasonable efforts to update the information on the Website and App, we make no representations, warranties, or guarantees, whether express or implied, that the Website, App, or the Material is accurate, complete, or up-to-date. Please note that while we have tried to accurately display the colors and other features of our products, the colors and other features you see will depend on your monitor/screen, and the actual colors and features may vary. Further, we try to keep the Website and/or App AVAILABLE, bug-free, and safe, but you use it at your own risk, and we do not guarantee that the Website and/or App will always be available, safe, secure, or error-free, or that the Website and/or App will always function without disruptions, delays, or imperfections.
Without limiting the foregoing, the Website, App, and their content are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, or warranties that may rise from course of dealing or course of performance or usage of trade.
Applicable law in some locations, such as the State of New Jersey, does not allow the waiver of implied warranties set forth above, so this provision may not apply to you.
No advice or information, whether oral or written, obtained from us or through the Website or the App, will create any warranty or representation not expressly made herein. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
X. LIMITATION OF LIABILITY
Applicable law in some locations, such as the State of New Jersey, does not allow the limitation of liability of certain damages set forth above, including the provisions of this section that limit or exclude special, exemplary, consequential, or punitive damages, or limit or exclude the use of any multiplier on or increase to damages, and limit the liability of e.l.f. Cosmetics or any of the e.l.f. Cosmetics Parties, to the greater of either $100 or the amount paid by you for any products purchased through the Website or App. These limitations or exclusions may not apply to you. The provisions of this section do not apply to the extent, and only to the extent, not permitted by applicable law.
XI. FORCE MAJEURE
In no event shall the e.l.f. Cosmetics Parties be DEEMED IN DEFAULT OR OTHERWISE liable to any Member for any delay in or failure to perform due to causes beyond their control, including, without limitation, any act of God, act of war, FIRE, EARTHQUAKE, BLIZZARD, FLOOD, DANGER TO PUBLIC HEALTH OR SAFETY, ACCIDENT, EXPLOSION, CASUALTY, STRIKE, LOCKOUT, LABOR CONTROVERSY, RIOT, CIVIL DISTURBANCE, ACT OF PUBLIC ENEMY, EMBARGO, WAR, LAW, ORDINANCE, REGULATION, LEGAL ORDER (UNLESS CAUSED BY the e.l.f. Cosmetics Parties’ DEFAULT THEREUNDER), FAILURE OR DELAY OF ANY TRANSPORTATION, POWER, OR COMMUNICATION SYSTEM, natural disaster, terrorism, pandemic or epidemic, or any act or omission of a third party.
XIV. LINKS TO OTHER WEBSITES; LINKS TO THIS WEBSITE AND/OR APP
The Website or App may include links to third-party websites. These links are provided for your information only. We do not control and are not responsible for the content or privacy policies of any linked website, and the inclusion of any link on the Website or App does not imply our endorsement or approval of it. We are not responsible for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites.
You may link to this Website or App, as long as you do so in a way that is non-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. You may not link in a way that suggests any form of approval or endorsement by us where none exists. The Website or App may not be framed on any other website without our permission.
We reserve the right to withdraw linking permission without notice.
XV. GOVERNING LAW
XVI. BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Exceptions. Notwithstanding the remainder of this binding arbitration agreement, you and e.l.f. Cosmetics agree that the following types of disputes will be resolved in court, unless both you and e.l.f. Cosmetics agree to submit the dispute to arbitration pursuant to this binding arbitration agreement:
(1) Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual Dispute and not as a class, representative, or consolidated action or proceeding;
(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
(3) Intellectual property disputes.
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver provision below does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and e.l.f. Cosmetics also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and e.l.f. Cosmetics will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution; Class Action Waiver section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, you and/or e.l.f. Cosmetics may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within San Francisco, California, and you and e.l.f. Cosmetics each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, you and e.l.f. Cosmetics agree that the dispute is subject to the class action waiver provision set forth below.
- Informal Dispute Resolution.Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and e.l.f. Cosmetics agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
- WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.To the fullest extent permitted by applicable law, you and e.l.f. Cosmetics each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and e.l.f. Cosmetics AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and e.l.f. Cosmetics EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and e.l.f. Cosmetics agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
e.l.f. Cosmetics, Inc.
Attn: Legal Department
570 10th Street
Oakland, CA 94607
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
XVIII. CONTACT US
e.l.f. Cosmetics, Inc.
Attn: Legal Department
570 10th Street
Oakland, CA 94607