Effective as of January 9, 2015
Important - This is a legal agreement between you (”you”) and J.A. Cosmetics US, Inc. (”we” or ”e.l.f. Cosmetics”). Please read the following terms and conditions contained in this document (”Agreement”) carefully as they govern your access to and use of this www.elfcosmetics.com (the ”Site”). e.l.f. Cosmetics is willing to license the use of the Site to you only on the condition that you accept and agree to all of the terms and conditions contained in this Agreement. This document contains important information about your rights and obligations. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement provides you with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Site solely for your personal use.
The foregoing license is limited. You therefore may not: (1) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Site (or any part thereof) in any manner not expressly permitted by this Agreement; (2) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Site (or any part thereof); (3) access, link to, or use any source code from the Site (or any part thereof); or (4) erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof). In addition, you acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
LIMITATIONS ON USE
You must be at least thirteen (13) years old to use the Site. We make no representations that the Site is appropriate or available for use in locations outside of the United States. If you access the Site from outside of the U.S., you do so voluntarily and at your own risk, and you are responsible for compliance with applicable law.
YOUR ACCOUNT INFORMATION
If you choose to register on the Site, you will set up an account by submitting your contact information and selecting a password (together, your "Account Information"). If you fail to sign into the Site using your Account Information for a period of one year, we reserve the right to deactivate your account, without notice or liability to you. The Site is limited to one (1) active account per person. We reserve the right to deactivate multiple accounts established by the same person. It is your responsibility to maintain the confidentiality of your Account Information, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account or Account Information or any other actual or suspected breach of Site security.
USE OF THE SITE
Subject to our right to monitor or audit compliance, you acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Site, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Site. We maintain the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only with our prior written consent. Without limiting the foregoing, you agree not to: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others' use of the Site; (3) impersonate another person while using the Site, including, but not limited to, an official or representative of e.l.f. Cosmetics; (4) impair the Site's operation or interfere with or disrupt the servers or networks connected to it; (5) interfere with our intellectual property rights; (6) frame or otherwise co-brand the Site or any of its content; (7) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (8) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ”junk mail” ”spam” ”chain letters” ”pyramid schemes” or any other form of solicitation; (9) upload, post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or network; or (10) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
All transactions made through the Site are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
By using the Site, you consent to receiving 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.
The contents of the Site, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, ”look and feel” and arrangement of the Site (collectively, ”Material”) unless otherwise indicated, are owned, controlled, and licensed by e.l.f. Cosmetics or its licensors. Any rights granted hereby are expressly licensed. e.l.f. Cosmetics does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Site (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Site (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site and Material is Copyright ©2015 J.A. Cosmetics US, Inc. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Site or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Site. You shall 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 the express prior written consent of e.l.f. Cosmetics or its owner if e.l.f. Cosmetics is not the owner. e.l.f. Cosmetics and all other names, logos, and icons identifying e.l.f. Cosmetics and its products and services are proprietary trademarks of e.l.f. Cosmetics (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of e.l.f. Cosmetics is strictly prohibited. Other product and company names mentioned herein or on the Site may be the trademarks and/or service marks of their respective owners, who may or may not be affiliated with or sponsor or endorse us (and who may or may not be endorsed by us). You may print a copy of the Material on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Material. Any other use of the Material is strictly prohibited. The Site may also contain content that is owned by third parties. You may use such third-party content only as expressly authorized by the applicable owner.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to e.l.f. Cosmetics that (1) you are at least age thirteen (13), (2) you are authorized to enter into this Agreement, (3) you will access and view the Site and the Materials for your personal, non-commercial use only; (4) you will not use the Site or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of e.l.f. Cosmetics or any third party; (5) any information or data provided to e.l.f. Cosmetics by you will not violate any law or regulation or infringe the rights of e.l.f. Cosmetics or any third party; (6) all information that you provide to us in connection with the Site (e.g., name, e-mail address, and/or other information) is true and accurate; and (7) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant, guarantee or make any representations regarding the use, or the results of the use, of the Site or Materials in terms of availability, accuracy, reliability, currentness, completeness, functionality, intended purpose, or otherwise. e.l.f. Cosmetics also does not represent or warrant that the Site will always operate error-free, uninterrupted, or in a manner that will meet your requirements. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, the Site and its content are provided ”as is” and ”as available” without warranty of any kind, either express of implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
LIMITATION OF LIABILITY
You acknowledge and agree that in no event shall e.l.f. Cosmetics, it’s related companies, and each such company’s directors, officers, employees and agents be liable for any claim, damage, or loss resulting from a cause beyond e.l.f. Cosmetics’ control, including, but not limited to, offers or promotions made available on the Site, failure of electronics or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage or loss arising out of transactions or interactions between you, third party merchants or anyone else. You specifically acknowledge that e.l.f. Cosmetics shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Moreover, you agree that in no event shall e.l.f. Cosmetics be liable for any indirect, punitive, incidental, special, or consequential damages, including, without limitation for lost profits, for lost data, arising out of or in any way connected with your use of the Site, or for any information or materials available through the Site, whether based in contract, tort, strict liability, or otherwise, even if e.l.f. Cosmetics has been advised of the possibility of damages. Without limitation of the foregoing, the total liability of the e.l.f. Cosmetics for any reason whatsoever related to use of the Site, results from use of the Site, or for any claims relating to this Agreement shall not exceed one hundred dollars ($100.00 USD). This liability, if any, shall be complete and exclusive.
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of New York, U.S.A., as applied to agreements entered into and completely performed in the State of New York. The state or local courts in the State of New York will have exclusive jurisdiction and venue over all controversies in connection with this Agreement, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you might have against e.l.f. Cosmetics must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact e.l.f. Cosmetics if you wish to receive a printed copy of this Agreement.
You have no reasonable expectation of privacy while using the Site because e.l.f. Cosmetics reserves the right to view, monitor, and/or record activity on the Site (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Site may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by e.l.f. Cosmetics for use of or with the Site. Moreover, you also acknowledge that any breach, threatened or actual, of this Agreement by you may cause irreparable injury to e.l.f. Cosmetics and/or its licensors, such injury would not be quantifiable in monetary damages, and e.l.f. Cosmetics and/or its licensors would not have an adequate remedy at law. You therefore agree that e.l.f. Cosmetics and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that e.l.f. Cosmetics or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to e.l.f. Cosmetics to enforce any provision of this Agreement.
USE OF INFORMATION SUBMITTED
You agree that we may use any comments, information or ideas contained in any communication you may send to us, 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 Site or other products or services.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER SITES
The Site may include links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it. e.l.f. Cosmetics expressly disclaims any responsibility 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.
We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You acknowledge and agree that e.l.f. Cosmetics shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. You may also terminate at any time by ceasing to use the Site. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from e.l.f. Cosmetics and any right to use the Site shall immediately cease upon termination of this Agreement. The provisions concerning feedback, e.l.f. Cosmeticsâ€™ ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.
All offers are valid while supplies last. e.l.f. Cosmetics reserves the right to substitute any product at its discretion and the right to limit quantities and discounts without notice. Not valid for bulk orders. Discounts and coupons are not valid for gift card purchases. Only one coupon code may be applied per order. Free or discounted shipping offers are only valid for orders within the United States and Canada.