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 effective only in the U.S.

          3.2  Personal Cosmetic Use Only. All material and information presented by Company is intended to be used for personal or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. The Products are not intended to be used on minors without prior discussion with the minor’s doctor and under the supervision of the minor’s parent or legal guardian.

          All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Company does not give or intend to give any answers to medical-related questions. Company does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

          3.3  Resales Prohibited. The Products available on the Website, including any samples Company may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Company. Company reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Company in its sole discretion.

          3.4  No Guarantee Of Color. While Company has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

     4. PURCHASES; PAYMENT

          Company will bill you through an online billing account for purchases of Products. You agree to pay Company all charges at the prices then in effect for the Products You or other persons using your account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

     5. RETURNS AND EXCHANGES

          Please review the Return and Exchanges policy posted on the Website (https://fentybeauty.com/pages/returns) prior to making any purchases. The Return and Exchanges policy is expressly incorporated into these Terms of Use.

     6. MOBILE SERVICES

          Please be aware that if you access the Website via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will apply.

     7. THIRD PARTY CONTENT AND THIRD PARTY SITES

          7.1  No Representations Or Warranties Regarding Third Parties. We may interact with you on third party websites where we post content or invite your feedback, such as Facebook, Instagram, Twitter and YouTube ("Third Party Sites"). Company does not control those Third Party Sites. References on our Website to Third Party Sites, marks, names, products, or services, or link to Third Party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products or services.

          Company does not monitor, approve or control any Third Party information that it links to (“Third Party Content”) or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Company and such third party.  

          You use Third Party Content and Third Party Sites at your own risk. You should always check the terms of use and privacy policies posted on Third Party Sites. Company does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Company is not responsible for updating or reviewing Third Party Content or Third Party Sites. Third Party Content, including comments from third party users submitted to Company, do not reflect the views of Company.

          7.2  Company reserves the right, at any time and for any reason not prohibited by law, to deny permission to anyone linking to the Website.

     8. YOUR REPRESENTATIONS AND WARRANTIES TO US

          8.1  By using the Website, you represent and warrant that:

• All information you submit is truthful and accurate;
• You will maintain the accuracy of account information that you provide to Us;
• You will keep your password confidential and will be responsible for all use of your password and account;
• You are not a minor in the jurisdiction in which you reside; and
• Your use of the Website does not violate any applicable law or regulation.

          When you create or make available a Contribution, you represent and warrant that:

• The creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
• You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and users of the Website to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
• You have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
• Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
• Your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
• Your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
• Your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
• You have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Company or third parties as to the origin of any Contribution.

          8.2  We reserve the right, but undertake no obligation, to remove Contributions that violate these Terms of Use or otherwise in our discretion to remove or edit any Contributions at any time for any reason without prior notice to you.

          8.3  We reserve the right, but undertake no obligation, to remove or reclaim or change a username you select if we determine in our discretion that it is inappropriate, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

     9.  PROHIBITED ACTIVITIES

          You may not access or use the Website for any purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:

• Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
• Attempting to impersonate another user or person or using the username of another user;
• Criminal or tortious activity;
• Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a