Effective as of September 22, 2020
Thank you for accessing www.keyssoulcare.com (the “Website”).
The Website is operated by e.l.f. Cosmetics, Inc., the owner and operator of Keys Soulcare (“we” or “us”).
Please note that all orders and purchases made on the Website will also be governed by the Purchase and Sale Terms and Conditions.
USE OF THE WEBSITE
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;
- to send, knowingly receive, upload, download, use, or re-use any material which does not comply with our user generate content guidelines;
- use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same; 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).
The Website is meant for adults. By using this Website, you are representing that you have reached the age of majority in the state or country in which you reside.
AVAILABILITY OF THE WEBSITE AND ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website.
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 it reasonably can. Except where required by applicable law, we will not be liable to you if for any reason the Website is unavailable at any time or for any period.
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. 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.
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 (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 or other products or services. When you make a Submission (other than your personal data that you submit directly to us 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, 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 rules 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 Keys Soulcare or any of its corporate affiliates or other brands in the e.l.f. Beauty portfolio.
By using the Website, 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. You have the right to opt out of receiving marketing messages at any time. Please see our Privacy Notice for more information regarding opting out of receiving marketing messages
INTELLECTUAL PROPERTY RIGHTS
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.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use the Website 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 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 is the General Counsel of e.l.f. Cosmetics, Inc., Scott K. Milsten, who can be reached as follows:
570 10th Street, 3rd Floor
Oakland, CA 94607
Attn: Legal Department
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 Websites.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the Website or the Material is accurate, complete, or up-to-date. Please note that while we have tried to accurately display the colors of our products, the actual colors you see will depend on your monitor and may not be accurate.
Without limiting the foregoing, the Website and its 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, and non-infringement.
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, will create any warranty or representation not expressly made herein.
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, so this limitation of liability may not apply to you.
LINKS TO OTHER WEBSITES; 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 Website, 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 Website without our permission.
We reserve the right to withdraw linking permission without notice.
BINDING ARBITRATION AGREEMENT
As used in this section, “Arbitration Provisions” refers to the provisions under this section entitled “Binding Arbitration Agreement.”
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.
- 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, Inc. 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. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and e.l.f. Cosmetics, Inc. also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and e.l.f. Cosmetics, Inc. hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
e.l.f. Cosmetics, Inc.
Attn: Legal Department
Re: Keys Soulcare Arbitration Opt-Out
570 10th Street, 3rd Floor
Oakland, CA 94607
- Governing Law and Other Terms. These Arbitration Provisions are governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Arbitration Provisions, or to any disputes and claims that are covered by these Arbitration Provisions, the law of the state of California will apply. We will provide notice of any material changes to these Arbitration Provisions, in which case you will have the right to opt out of these Arbitration Provisions within 90 days after such change. Except as set forth above regarding the class action waiver provision, if any portion of these Arbitration Provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these Arbitration Provisions. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of these Arbitration Provisions, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
- Intellectual Property Disputes. If you have in any manner violated or threatened to violate any of e.l.f. Cosmetics, Inc.’s intellectual property rights (with respect to Keys Soulcare), we may bring suit in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in these courts.
The Website is owned and operated by e.l.f. Cosmetics, Inc., a Delaware corporation, who is the owner and operator of Keys Soulcare. e.l.f. Cosmetics, Inc.’s headquarters are located at 570 10th Street, 3rd Floor, Oakland, CA 94607 USA.
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.
Attn: Legal Department
570 10th Street, 3rd Floor
Oakland, CA 94607