Effective Date: September 17, 2023

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A CLASS ACTION WAIVER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

     1. INTRODUCTION

          These are the Terms of Use (“Terms of Use” or “Agreement”), combined with our Privacy Policy (https://fentybeauty.com/pages/privacy-policy), govern your use of services or features on the website(s) owned or controlled by Fenty Beauty, LLC and Fenty Skin, LLC, and its affiliates (“Company” or “We” or “Us”), including fentybeauty.com and fentyskin.com, and your purchase of any products or use of any services provided by Us (the “Products”). We may add additional websites from time to time, and these Terms of Use will govern those new websites when added (collectively with fentybeauty.com and fentyskin.com, the “Website”). You may be accessing the Website from a computer or mobile phone device (through an iPhone or Android mobile application, for example) and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access.

          The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country/region where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country/region. You access the Website at your own risk. You are solely responsible for your compliance with local laws, if and to the extent local laws are applicable.

          All users who are minors in the jurisdiction in which they reside are not permitted to use the Website.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE, OUR PRIVACY POLICY AND ALL OTHER POSTED GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU MUST CEASE AND IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

     2. INTELLECTUAL PROPERTY RIGHTS

          2.1  Company Content and Marks. The content on the Website, including all features, materials, text, logos, software, scripts, data, graphics, photographs, sounds, music, videos, and interactive features (“Company Content”) and the trademarks, service marks and logos on the Website and the Products (“Marks”) are owned by or licensed to Company or its affiliates, and are subject to copyright, trademark, trade dress, patent, trade secret and other intellectual property rights under United States, Canada and foreign laws and international conventions. You may access and use Company Content, the Marks, the Website, and the Products only as permitted under these Terms of Use and Privacy Policy. No right, title, or interest in or to the Company Content or the Marks is transferred to you. Company has granted you a limited license to access and use the Website solely for your personal, non-commercial purposes.

          2.2  Prohibited Uses. Company Content and the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part. You may not download, copy, reproduce, distribute, transmit, broadcast, display, perform, reproduce, publish, sell, license, create derivative works from, or otherwise exploit any Company Content, the Marks, software, products or service contained on the Website without the prior written consent of us or the respective owners or licensors. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein. You agree to use the Marks and any intellectual property on the Website only for your personal, non-commercial use. The modification, reproduction, transmission, distribution, dissemination, selling, publication, broadcasting or circulation this material is strictly prohibited. We reserve all rights not expressly granted in and to Website, Products, Company Content, and the Marks.

          2.3  Your license to us. We may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary and may be freely shared with third-parties.

          By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Company has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

     3. PRODUCT INFORMATION

          3.1  Shipping and Pricing. The Products displayed on the Website can be ordered and delivered only within the United States and select countries. See the Shipping Information section of the Website for more information. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effecti