U.S. VISITORS: THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRES YOU TO ARBITRATE ANY DISPUTES OR CLAIMS (WITH CERTAIN EXCEPTIONS) YOU MAY HAVE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR DISPUTES AND CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN MORE DETAIL BELOW. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AND/OR THE CLASS ACTION WAIVER, AS EXPLAINED BELOW.

Thank you for accessing one of the e.l.f. Beauty brand’s websites (each, as applicable, a “Website” and collectively, the “Websites”) and/or one of the e.l.f. Beauty brand’s mobile applications (each, as applicable, an “Mobile App” and collectively, the “Mobile Apps”).

The Websites and the Mobile Apps are owned and operated by e.l.f. Cosmetics, Inc., a Delaware corporation, or one of its subsidiaries (collectively, “we” “us” or the “Company”). Our headquarters are located at 570 10th Street, Oakland, CA 94607 USA.

These Website and Mobile App Terms of Use (these “Terms of Use”) apply to and govern your use of any of the Websites and Mobile Apps as well as to any and all purchases of any product from us. These Terms of Use apply every time you access or use any Website or Mobile App, whether you access or use them as a guest or as a registered user. Use of any Website or Mobile App includes accessing, browsing, or registering to the applicable Website or the Mobile App. Please read these Terms of Use carefully before you start to use any Website or Mobile App.

By using any Website or Mobile App, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Websites or the Mobile Apps. Please note that we update these Terms of Use from time to time, so remember to check back in before each use of any Website or Mobile App, as the latest Terms of Use will apply going forward and to any dispute or issue arising after the Terms of Use have been updated, to the extent permitted by applicable law.

Our Privacy Notice and any other policies, rules, or guidelines that may be applicable to a particular offer, product, or feature on any Website or Mobile App are also incorporated into these Terms of Use. You can find our Privacy Notice in the footer of each Website.

Certain provisions of the Terms of Use may be superseded by, or incorporated by reference into, additional legal notices, rules, or other terms applicable to certain other products, promotions, offers, or services we may offer, such as our loyalty program (“Additional Terms”). In order to participate in or use such other products, promotions, offers or services, you may be required to agree to such Additional Terms. Some products or services we offer may also be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with such product or service.

Please note that all orders and purchases made on the Websites or the Mobile Apps are also governed by the applicable Purchase and Sale Terms, which are incorporated by reference. You can find our Privacy Notice in the footer of each Website or before you check-out/finish your transaction.

Non-U.S. Visitors:

Please note that certain of the Websites and Mobile Apps do not provide products or other services to consumers outside of the United States and are not intended for non-U.S. visitors. Also please note that these Terms of Use do not apply to www.elfcosmetics.co.uk, www.elfcosmetics.com/eu, or www.elfcosmetics.com/de, each of which has its own form of terms of use (which is accessible in the footer of the applicable website).

Certain features of the Websites or the Mobile Apps may not be available in the country in which you reside.

USE OF THE WEBSITES OR THE APPS

You must be 16 years of age or older to use the Websites or the Mobile Apps. Minors under the age of majority in their jurisdiction but that are at least 16 years of age are only permitted to use the Websites or the Mobile Apps if the minor’s parent or guardian accepts these Terms of Use on the minor’s behalf prior to use of the applicable Website or Mobile App. For clarity, children under the age of 13 are not permitted to use the Websites or the Mobile Apps. In addition, you may not use or access the Websites or the Mobile Apps if you are a Prohibited Person. A “Prohibited Person” is any person or entity that is (a) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List; (b) located or organized in any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” (currently, the Crimea region of Ukraine, Cuba, Iran, North Korea, and Syria; such countries, “Prohibited Countries”); or (c) owned or controlled by such persons or entities listed in (a)-(b). By accessing or using any Website or Mobile App, you represent and warrant that you meet the foregoing requirements and will not be using the Website or the Mobile App for any illegal activity.

The Websites and the Mobile Apps are made available free of charge for your personal use subject to these Terms of Use. You may not use the content of the Websites or the Mobile Apps for any commercial purposes whatsoever.

You may use the Websites and the Mobile 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 Mobile Apps. You may not:

• download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Websites or the Mobile Apps, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms of Use;

• duplicate, decompile, reverse engineer, disassemble or decode the Website or the Mobile 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 Mobile Apps;

• access or use the Websites or the Mobile Apps in any manner that could disable, overburden, damage, disrupt or impair the Websites or the Mobile Apps or interfere with any other party’s access to or use of the Websites or the Mobile 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 Mobile Apps, accounts registered to other users, or the computer systems or networks connected to the Websites or the Mobile Apps;

• circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Websites or the Mobile Apps;

• misuse or tamper with the Websites or the Mobile 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 Mobile Apps in any way that breaches any applicable local, national, or international law or regulation;

• use the Websites or the Mobile Apps in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• use the Websites or the Mobile 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 Mobile Apps for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Websites or the Mobile 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 Mobile Apps to monitor, extract, copy, or collect information or data from or through the Websites or the Mobile Apps, or engage in any manual process to do the same; or

• exploit the Website or the Mobile Apps for any commercial purpose, including without limitation using the Websites or the Mobile Apps to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

We may end or restrict your use of the Websites or the Mobile Apps, without warning and without liability to you or any third party. You understand that we have the sole right to determine in our reasonable discretion whether you are engaging in any unauthorized activity and/or violating these Terms of Use.

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 Mobile Apps. In order to fully access any Website or Mobile 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 Mobile 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 Mobile 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 Mobile App is unavailable at any time or for any period.

We use reasonable efforts to ensure that the Websites and the Mobile Apps are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Websites and the Mobile 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 Mobile Apps.

CREATING AND SAFEGUARDING YOUR ACCOUNT

To use certain parts of the Websites and the Mobile 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.

Please note that if you are given the option to remain logged into your Account and you select that option, you will remain logged into your Account for the particular browser for the applicable time period noted when you select that option unless you sign out of your Account or clear your browser cache/cookies.

SUBMISSIONS

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 Mobile 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, Mobile Apps, or other products or services.

Submissions will become our property upon submission. By making a Submission, you irrevocably assign, transfer, and convey to us all right, title, and interest in and to the Submission, including all intellectual property rights therein. To the extent that the foregoing assignment of rights is ineffective or prohibited by law, you grant us a non-exclusive, worldwide, transferable, assignable, sublicensable, irrevocable, perpetual, fully paid-up, and royalty-free 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 agree that you will not enforce any moral rights (or similar rights) you may have in any Submission.

By posting or submitting Submissions through the Websites or the Mobile Apps, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to assign, transfer, and convey us ownership of your Submissions or grant the rights granted 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 TRY-ON TOOL

Certain of our Websites or Mobile Apps provide a virtual try-on tool (the “Virtual Try-On Tool”). The Virtual Try-On Tool is an online service that provides a simulation on live video and photos of how a product may look—note that the Virtual Try-On Tool is not available for every product in the e.l.f. Beauty family of brands and the Virtual Try-On Tool provides an illustration of the effect of applying a particular product and does not constitute a guarantee that the result will be exactly the same tone, color and/or result when you actually apply the product in real-life.

You can use the Virtual Try-Tool by using live video using your device’s camera, by using an existing picture, or by taking a new picture using your device’s camera. The Virtual Try-On Tool runs locally on your device—when you first access the Virtual Try-On Tool, your device will download the necessary software and programming code that the Virtual Try-On Tool needs to work.

The Virtual Try-On Tool relies on generalized mathematical and pixel reference points applicable to all human faces, without extracting or analyzing unique facial geometry, biometric identifiers, or personal data. The Virtual Try-On Tool does not perform facial recognition, biometric tracking, identity verification, facial mapping, or any form of tracking beyond the immediate session.

We do not collect, keep, or disclose any biometric information or biometric data in connection with the Virtual Try-On Tool nor do we collect, keep, or disclose the photo, image, and/or video feed, or any data associated with them in connection with the Virtual Try-On Tool.

Once you finish using the virtual Try-On Tool, the processed images are cleaned from your device. If you capture a screenshot or save the image of your Virtual Try-On Tool session, the image is stored exclusively on your device.

By using the Virtual Try-On Tool, you consent to the use of your camera and/or device to permit the Virtual Try-On Tool to take or use your image and overlay a portion or region of your face in the image with a simulation/image of the selected product.

ELECTRONIC COMMUNICATIONS

By using the Websites or the Mobile 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. 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 Mobile 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 Mobile Apps (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Websites or the Mobile 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, Mobile Apps, or any Materials, including notices on any audio/visual material you access, download, transmit, display, print, or reproduce from the Websites or the Mobile 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.

All of our trademarks, service marks, and trade names used on the Websites or Mobile Apps (including all names, logos, and icons identifying the e.l.f. Beauty brands and their products and services) are proprietary trademarks of the Company or its affiliates in the U.S., Europe, and other countries. Except as otherwise permitted by these Terms of Use, they may not be used (including, without limitation, as domain names or account identifiers) without our prior express written permission. All other trademarks (including other product and company names) that appear on the Websites or Mobile App are the property 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).

DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others and require that the people who use the Websites, Mobile 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 Mobile 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 Mobile Apps is our General Counsel, Scott K. Milsten, who can be reached as follows: