Effective as of March 31, 2023
Thank you for accessing www.elfcosmetics.com, www.keyssoulcare.com, or www.wellpeople.com (each, as applicable, a “Website” and collectively, the “Websites”) and/or one of our e.l.f. Cosmetics, Keys Soulcare, or W3LL PEOPLE mobile application(s) (each, as applicable, an “App” and collectively, the “Apps”).
The Websites and the Apps are owned and operated by e.l.f. Cosmetics, Inc., a Delaware corporation, or its affiliates (collectively, “we” “us” or “Company”). The Website, www.wellpeople.com, and any W3LL PEOPLE App are operated by e.l.f. Cosmetics Inc.’s wholly-owned subsidiary, W3LL People, Inc. a Delaware corporation. e.l.f. Cosmetics, Inc. and W3LL People, Inc. headquarters are located at 570 10th Street, Oakland, CA 94607 USA.
Please note that all orders and purchases made on the Websites or the Apps will also be governed by the applicable Purchase and Sale Terms, which are incorporated by reference:
Certain features of the Websites or the Apps may not be available in the country in which you reside.
Only for purposes of law in the country in which you reside, (a) e.l.f. Cosmetics, Inc. is the publisher of www.elfcosmetics.com, www.keyssoulcare.com, and the e.l.f. Cosmetics and Keys Soulcare Apps; and (b) the publication manager for those Websites and Apps is Scott Milsten.
The Company produces cosmetic and skin care products and tools. The Websites and Apps are mainly intended for the online sale of our products.
The Websites are hosted by Salesforce Commerce Cloud, a division of Salesforce.com, Inc., located at The Landmark at One Market, Suite 300, San Francisco, CA 94105, USA Salesforce Commerce Cloud’s telephone number is 1-800-667-6389.
USE OF THE WEBSITES OR THE APPS
You may use the Websites and the Apps only for lawful purposes and you may not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Websites or the Apps. You may not:
duplicate, decompile, reverse engineer, disassemble or decode the Website or the Apps (including any underlying idea or algorithm), or attempt to do any of the same;
use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Websites or the Apps;
access or use the Websites or the Apps in any manner that could disable, overburden, damage, disrupt or impair the Websites or the Apps or interfere with any other party’s access to or use of the Websites or the Apps or use any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt the Websites or the Apps, accounts registered to other users, or the computer systems or networks connected to the Websites or the Apps;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Websites or the Apps;
misuse or tamper with the Websites or the Apps (e.g., hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc.);
use the Websites or the Apps in any way that breaches any applicable local, national, or international law or regulation;
use the Websites or the Apps in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
use the Websites or the Apps for the purpose of harming or attempting to harm minors in any way;
submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Websites or the Apps for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Websites or the Apps in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
use any robot, spider, crawlers, or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Websites or the Apps to monitor, extract, copy, or collect information or data from or through the Websites or the Apps, or engage in any manual process to do the same; or
exploit the Website or the Apps for any commercial purpose, including without limitation using the Websites or the Apps to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
AVAILABILITY OF THE WEBSITES AND THE APPS; ACCESSING THE WEBSITES AND THE APPS
You are responsible for making all arrangements necessary for you to have access to the Websites and the Apps. In order to fully access any Website or App, you will need a computer, tablet, mobile phone or other device that can connect to the Internet with the minimum system requirements to operate a web browser.
Although we aim to offer you the best service possible, the Websites, the Apps, 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 any 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 any Website or App is unavailable at any time or for any period.
We use reasonable efforts to ensure that the Websites and the Apps are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Websites and the Apps (including any content thereon) 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 Websites and the Apps.
CREATING AND SAFEGUARDING YOUR ACCOUNT
To use certain parts of the Websites and the Apps, 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 the applicable account login page. 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.
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 Websites or the Apps (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 Websites, Apps, 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 Websites or the Apps, 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.
There is no compensation (monetary or otherwise) provided in exchange for your Submissions.
Please note that the views expressed in Submissions are the opinions of those users and do not represent our views, opinions, beliefs, or values or the views, opinions, beliefs, or values of any of our companies or affiliates.
VIRTUAL MAKEUP TRY-ON TOOL
The 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. Except in the limited circumstance where you provide the Company with a photo in connection with your access and use of the NFTs provided by us as part of the Beauty Squad Loyalty Program (which is governed by the e.l.f. ), the Company does not collect, keep, or disclose the photo, image, and/or video feed, or any data associated with them in connection with the Virtual Makeup Try-On Tool. In addition, the Company does not collect, keep, or disclose any biometric information or biometric data in connection with the Virtual Makeup Try-On Tool.
By using the 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.
Please note that the Virtual Makeup Try-On Tool may not be available on all of the Websites or the Apps.
By using the Websites or the Apps, 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 (if available in your country in which you reside), the applicable terms and conditions for the text message program (e.l.f. Cosmetics: Text Message Terms and Conditions; and Keys Soulcare: Messaging Terms & 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, the applicable terms and conditions for the text message program) for more information regarding opting out of receiving marketing messages.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Websites and the Apps, and in the material published on them (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 Websites or the Apps (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Websites or the Apps (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 Websites, Apps, or any Materials, including notices on any audio/visual material you access, download, transmit, display, print, or reproduce from the Websites or the Apps.
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.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use the Websites, Apps, and our 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 Websites or the Apps 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 Websites or the Apps is our General Counsel, Scott K. Milsten, who can be reached as follows:
570 10th Street
Oakland, CA 94607
Attn: Legal Department
The Websites, Apps, and Materials 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 Websites or the Apps.
Although we make reasonable efforts to update the information on the Websites and the Apps, we make no representations, warranties, or guarantees, whether express or implied, that the Websites, Apps, or Materials are 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 Websites and the Apps available, bug-free, and safe, but you use them at your own risk, and we do not guarantee that the Websites or the Apps will always be available, safe, secure, or error-free, or that the Websites or the Apps will always function without disruptions, delays, or imperfections.
Without limiting the foregoing, the Websites, Apps, 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 Websites or the Apps, 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.
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 any of the Company Parties, to the greater of either $100 or the amount paid by you for any products purchased through the Websites or the Apps. 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.
In no event shall the COMPANY 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 COMPANY 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.
LINKS TO OTHER WEBSITES; LINKS TO THE WEBSITES OR THE APPS
The Websites or the Apps 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 Websites or the Apps 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 the Websites or the Apps, 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 Websites and the Apps may not be framed on any other website without our permission.
We reserve the right to withdraw linking permission without notice.
The Company contracts with US Direct E-Commerce Limited (trading as eShopWorld) to sell and deliver our products purchased on the Websites or the Apps to consumers in certain countries/regions outside of the United States. If your order is shipping to one countries/regions where our international shipping is supported by eShopWorld, the contract for the purchase, sale and delivery of our products will be between you and eShopWorld, and subject to the eShopWorld Terms and Conditions (located here).
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 the Company agree that the following types of Disputes will be resolved in court, unless both you and the Company agree to submit the Dispute to arbitration pursuant to this binding Arbitration Agreement:
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;
Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
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 the Company also agree that for Disputes where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, you and the Company will first submit the Dispute for non-injunctive relief to arbitration pursuant to this Binding Arbitration Agreement; 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 the Company 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 the Company 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 the Company 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 the Company 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 the Company each agree that any proceeding to resolve any dispute 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 the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Company 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 the Company 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.
Attn: Legal Department
570 10th Street
Oakland, CA 94607
You agree that you will not export or re-export, directly or indirectly, the Websites, Apps, and/or other content, tools, features, functionality, information, or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the foregoing may not be exported or re-exported to any Prohibited Person or Prohibited Country. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations.
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.
e.l.f. Cosmetics / e.l.f. SKIN
Phone: (212) 239-1530
Writing: e.l.f. Cosmetics, Inc.
570 10th Street
Oakland, CA 94607
ATTN: Legal Department
Phone: (212) 239-1530
Writing: Keys Soulcare
c/o e.l.f. Cosmetics, Inc.
570 10th Street
Oakland, CA 94607
ATTN: Legal Department
Phone: (212) 239-1530
Writing: W3LL People, Inc.
570 10th Street
Oakland, CA 94607
ATTN: Legal Department