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website terms of use

European Union
e.l.f. Cosmetics
Effective as of June 15, 2020

Thank you for accessing www.elfcosmetics.com/eu (the “Website”).

The purpose of these Terms of Use (these “Terms of Use”) is to define the terms and conditions of use of the Website and the content made available on the Website, by the users of the Website.

The Website is owned and operated by e.l.f. Cosmetics, Inc. (“we” or “e.l.f. Cosmetics”), a corporation registered in the state of Delaware, USA. e.l.f. Cosmetics is the Website publisher. Our headquarters are located at 570 10th Street, Oakland, CA 94607, USA. You can contact us using the contact information detailed in the “Contact Us“ section. We produce cosmetic and skin care products and tools. The Website is mainly intended for the online sale of our products.

The Website’s publication manager (only for purposes of law in the country in which you reside) is Scott Milsten.

The Website is 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.

When you use the Website, these Terms of Use apply, whether you access or use the Website as a guest or as a registered user. Use of the Website includes accessing, browsing, or registering to the Website. Please read these Terms of Use carefully before you start to use the Website.

Your use of the Website is subject to the Terms of Use in effect at the relevant time. We may revise these Terms of Use and amend them from time to time, please remember to check this page regularly.

Please note that all orders and purchases made on the Website will be governed by the Term of Sale.

USE OF THE WEBSITE

The Website is made available free of charge for your personal use subject to these Terms of Use. You may not use the content of the Website for any commercial purposes whatsoever.

You may use the Website 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. You may not:

  • misuse or tamper with the Website (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 in any way that breaches any applicable local, national, or international law or regulation;
  • use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • use the Website for the purpose of harming or attempting to harm minors in any way;
  • use the Website to send, knowingly receive, upload, download, use or re-use any material which does not comply with our user generated content guidelines (see the “User Generated Content“ section); or
  • use the Website 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 Website, with reasonable notice, if you are engaging in any unauthorized activity and/or violating any term or conditions of these Terms of Use. If you disagree with our decision, you can contact us using the contact information detailed in the “Contact Us“ section or bring a claim before the competent court (please see the “Governing Law and Dispute Resolution“ section).

The Website is meant for adults. If you have not reached the age of majority in the country in which you reside yet, you must not use the Website.

AVAILABILITY OF THE WEBSITE AND ACCESSING THE WEBSITE

You can freely access the Website, without registration or creation of account.

You are responsible for making all arrangements necessary for you to have access to the Website. In order to fully access the Website, 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 Website, or any content on it, 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 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 reasonably feasible.

We use reasonable efforts to ensure that the Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Website (including any content on it or any Website accessible from it) will not cause damage to your computer or other device. You should use your own virus protection software.

USER GENERATED CONTENT

You have the possibility to submit comments, reviews, feedback (“Reviews”), suggestions, or questions, and any other submissions disclosed, submitted through the Website (collectively, “Submissions”).

There is no compensation (monetary or otherwise) provided in exchange for your Reviews or Suggestions.

Reviews are kept on the Website for three years. During this period, you grant us a worldwide, non-exclusive, royalty-free, transferrable license to display the Review in connection with our business.

Reviews and 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 reserve the right to not publish any Review or Submission or remove it if it does not comply with the rules above.

Please note that the views expressed in Reviews and 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 its group companies.

ELECTRONIC COMMUNICATIONS

You may receive operational messages in relation with your use of the Website.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Website, and in the material that we publish 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 (including the Material) (or any part thereof) to you or anyone else. Accordingly, your unauthorized use of the Website (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 or Material, including notices on any audio/visual material you access, download, transmit, display, print or reproduce from the Website.

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 Website (including 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, Inc. (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 Website 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).

NO RELIANCE

The Website and the Material is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

LIMITATION OF LIABILITY

We are only liable for intent and gross negligence. The aforesaid limitation of liability shall not apply to any mandatory statutory liability pursuant to any mandatory provisions of consumer law in the country in which you reside, including any product liabilities laws, and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent we have assumed a specific guarantee.

LINKS TO OTHER SITES; LINKS TO THIS WEBSITE

The Website 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 site, and the inclusion of any link on the Website 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, 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 may not be framed on any other site without our permission.

GOVERNING LAW

These Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use or their subject matter or formation or the use of the Website shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, subject only to mandatory provisions of consumer law in the country in which you reside.

You may bring the dispute before a competent court.

MISCELLANEOUS

These Terms of Use do not affect your statutory rights including your legal rights as a consumer.

If a court finds any part of these Terms of Use to be invalid or unlawful, the remainder of this contract shall remain in full effect. Should individual clauses of these Terms of Use be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.

Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.

These Terms of Use represent the entire agreement between you and us in connection with your use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and e.l.f. Cosmetics with respect to the Website.

Any rights not expressly granted herein are reserved by e.l.f. Cosmetics.

CONTACT US

If you have any questions, concerns or complaints about these Terms of Use, please contact us here, at +1 212-239-1530 (Weekdays 9:30am-5:30pm Eastern Time), or via physical mail at:

e.l.f. Cosmetics, Inc.
Attn: Legal Department
570 10th Street
Oakland, CA 94607, USA