(Effective Date: September 1, 2017)
These Terms of Use ("Terms") apply to the website located at forever21.com, the Forever 21 mobile applications, and any other websites or applications associated with Forever 21 brands or products that direct the viewer or user to these Terms (collectively, the "Site"). In these Terms, the terms “Forever 21,” “we,” and “us” refers to Forever 21, Inc. and its respective subsidiaries and affiliated companies.
Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you should discontinue access or use of the Site.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND INSTAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ABILITY TO USE THE SITE
In order to accept the Terms and to use the Site, you must be at least 18 years of age ("Minimum Age"). The Site not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable country; (b) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (c) you have all the applicable rights and authority to grant FOREVER 21 the rights granted in these Terms; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site.
USE RESTRICTIONS
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by FOREVER 21 or it’s licensors. You are expressly prohibited from using any Content without the express written consent of FOREVER 21 or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of FOREVER 21, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without FOREVER 21's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
CHANGE IN TERMS
We may from time to time change the terms that govern your use of our Site. We may change, move or delete portions of, or may add to, our Site from time to time. If we make material changes to the Terms, we will notify you by email or through a message posted on the Site. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.
SUBMISSION OF CONTENT, COMMENTS, IMAGES, VIDEOS AND OTHER CONTENT
For any content you provide to FOREVER 21, on or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags such as #F21xME or #F21xMusic (collectively, 'User Content'), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with FOREVER 21 (“IP License”). The IP License includes, for example and without limitations, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances FOREVER 21 may also share your contribution with trusted third parties. You are also granting us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to FOREVER 21 in connection with your content.
FOREVER 21 is not and shall not be under any obligation (1) to maintain any User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content.
You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in FOREVER 21’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.
You are and shall remain solely responsible for any User Content you submit on the Site. You agree that FOREVER 21 may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that FOREVER 21 may use your information for marketing and promotional purposes.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
If you do not want to grant FOREVER 21 the permission set out above on these terms, please do not submit User Content.
FOREVER 21 MOBILE TEXT MESSAGING TERMS AND CONDITIONS
By texting us, you consent to receive up to 5 automated SMS or MMS text messages per week regarding events, offers and promotions from FOREVER 21, even if your mobile number is registered on any state or federal Do Not Call list.. You consent to receive text alerts using automated technology, including through an automatic telephone dialing system. By texting us, you also permit FOREVER 21 to use location information (e.g., GPS) from your mobile device when you are in or near a retail location and to send you additional messages based on your location. These location-based messages, together with our other mobile alerts, may exceed the 5 automated text messages referenced above.
By subscribing to our program, you confirm that you are the current subscriber and/or customary user of the mobile number registered and authorized to incur any message or data charges that may be charged by your mobile carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the program at any time. You understand that you do not have to sign up for this program in order to make any purchases (in-store or online), and your consent is not a condition of any purchase with FOREVER 21. Your participation in our alerts program is completely voluntary.
You may opt-out of text message alerts at any time by texting STOP to 38056. You will receive a text message confirming your opt-out. Please allow up to five (5) business days to process your request. No further messages will be sent to your mobile device, unless initiated by you. You may also text HELP to 38056 for HELP. It is your sole obligation to notify FOREVER 21 that you do not want to receive text alerts by texting STOP to 38056. You waive any rights to bring claims for unauthorized or undesired text messages by failing to opt-out immediately. The program is only available to customers of select carriers with compatible handsets.
If you relinquish ownership of the mobile number associated with your subscription, you agree to immediately notify FOREVER 21 by texting STOP to 38056 or by emailing customerservice@Forever21.com. You agree to indemnify FOREVER 21 for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your provision of a mobile number that is not owned by you and/or your failure to notify FOREVER 21 of any changes in mobile ownership. You must notify FOREVER 21 immediately of any breach of security or unauthorized use of your mobile device. Although FOREVER 21 will not be liable for losses caused by any unauthorized use of your mobile device, you may be liable for the losses of FOREVER 21 or others due to such unauthorized use. If you get a new mobile number, you will need to sign up for the program with your new number.
The program is free, but message and data rates may apply from your carrier. Check your mobile plan and contact your mobile carrier for details. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed to access and use the program, and you are solely responsible for all charges related to them, including charges from your mobile carrier.
Forever 21 respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
FOREVER 21'S COMMUNICATIONS TO YOU
You agree that FOREVER 21 may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of FOREVER 21's products or services, or for such other purpose(s) as FOREVER 21 deems appropriate.
CONTESTS/PROMOTIONS
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
PRODUCT INFORMATION
Most Forever 21 products displayed at the Site are available in select Forever 21 stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in Forever 21 stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
COLORS
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Forever 21 does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. Forever 21 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
DISCLAIMER
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT FOREVER 21 SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
If you are not completely satisfied with your Forever 21.com purchase, you may return it with your invoice to any Forever 21 store or by mail. Please see our Return & Exchanges Policy for details.
INDEMNIFICATION
You (and also any third party for whom you operate an account or activity on the Site or any other third party platform such as social media that may interact with the Site) agree to defend (at Forever 21’s request), indemnify and hold Forever 21 harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your Content or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Forever 21 in the defense of any claim. Forever 21 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Forever 21.
ARBITRATION
Except if you opt-out or for disputes relating to: (1) your or Forever 21's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of the “Content Submission” provision above, ("Excluded Disputes"), you agree that all disputes between you and Forever 21 (whether or not such dispute involves a third party) with regard to your relationship with Forever 21, including without limitation disputes related to these Terms of Use, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Forever 21 hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules, and as long as such matter is only pending in that court. You may bring claims only on your own behalf. Neither you nor Forever 21 will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Forever 21 is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Forever 21 or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
By that small claims court's rules, and as long as such matter is only pending in that court. You may bring claims only on your own behalf. Neither you nor Forever 21 will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Forever 21 is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Forever 21 or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor Forever 21 can require the other to participate in an arbitration proceeding. To opt out, you must notify Forever 21 in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
-
Forever 21, Inc.
ATTN: Privacy
3880 North Mission Road
Los Angeles, CA 90031
You must include your name and residence address, the email address you use for your Forever 21 account (if any), and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Forever 21.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Forever 21 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
You agree that any claim you may have arising out of or related to your relationship with Forever 21 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Forever 21 exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Forever 21's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Forever 21 reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Forever 21.
TERMINATION
The Terms are effective unless and until terminated by either you or Forever 21. You may terminate the Terms at any time. Forever 21 also may terminate or suspend access to this Site at any time and may do so immediately without notice, if in Forever 21’s sole discretion you fail to comply with any term or provision of these Terms. Upon any termination of the Terms by either you or Forever 21, you must promptly destroy all materials, downloaded or otherwise, obtained from this Site, as well as all copies of such materials, whether made under the terms of this these Terms or otherwise.
TRADEMARKS
FOREVER 21 is a registered trademark, service mark, and/or trade name of Forever 21, Inc. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. FOREVER 21 disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of FOREVER 21, except as necessary to accurately identify the products or services of FOREVER 21.
CONTACT US
You may reach us at: customerservice@Forever21.com
Forever 21, Inc.
ATTN: Privacy
3880 North Mission Road
Los Angeles, CA 90031
