All content of this Internet site is owned or controlled by Soma+Soul LLC and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.

The owners of this site will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. The owners of this site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet site, or from your reliance on any information provided at this Internet site. This site is for residents of the United States.

This Internet site may provide links or references to other sites but the owners of this site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Internet site. The trademarks, service marks, trade names, trade dress and products in this Internet site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of the company.

Any personally identifiable information in electronic communications to this Internet site is governed by this site’s Privacy Policy. The owners of this site shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

The sender of any communications to this Internet site or otherwise to the owners of this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

WEBSITE TERMS OF USE

SOMA+SOUL

Effective as of December 16, 2021

Thank you for accessing www.somaandsoul.co (the “Website”).

When you use the Website, these terms of use (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.

By using the Website, 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 Website.

Please note that we may modify these Terms of Use from time to time, so remember to check back in before you use the Website, as the latest version will apply.

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;
• 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).

We may end or restrict your use of the Website, 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 any term or conditions of these Terms of Use.

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.

ELECTRONIC COMMUNICATIONS

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

All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Material”) is the property of e.l.f. Cosmetics, Inc. (or its affiliates) or the property of our partners or licensors. 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). The Material is protected by copyright laws and treaties around the world. ALL RIGHTS RESERVED. Except as otherwise permitted by these Terms of Use, the Material may not be used (including, without limitation, as domain names or account identifiers) without our prior express written permission.

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.