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By uploading your photograph tagged with #F21xME, you grant Forever 21, Inc., its agents, affiliates, and /or related entities (“Forever 21”) a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, and modify your uploaded photograph along with your handle in both digital and physical owned channels for all promotional, marketing, advertising, and other commercial purposes.
By responding #yesF21 to our request, you grant Forever 21 an non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use your name, handle, and photographs tagged with #F21xME (“User Content”) in any media, including but not limited to on its webpages, social, marketing, third party materials, promotional materials, advertising, and other commercial usages. Forever 21 may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation or additional permission from you.
You represent and warrant to Forever 21 that (i) you are over the age of 18, (ii) have the requisite right to transmit, distribute, replicate, and post the User Content, (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content provided herein, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content, (vi) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the User Content, and (vii) the User Content, and Forever 21’s use of the User Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party.
You agree to indemnify, defend, and hold harmless Forever 21 from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from any breach of any of the above representations and warranties.
You expressly release Forever 21 from any claims, damages, actions, or liabilities arising from Forever 21’s use of the User Content as permitted herein.
If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to F21xMe@Forever21.com and identifying the User Content along with an explanation of the issue.
COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe any photograph, image, or User Content posted on the “Shop the Gram” portion of the Forever 21 website infringes on your trademark, copyright or other intellectual property right, please send an email to F21xMe@Forever21.com containing the following information:
This Privacy Policy (“Privacy Policy”) applies 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 this Privacy Policy (collectively, the “Sites“).
In this Privacy Policy, the terms “Forever 21,” “we,” and “us” refers to Forever 21, Inc. and its respective subsidiaries and affiliated companies. The term “your device" refers to any computer, tablet, smart phone or other device you are using to access our websites or to operate the Forever 21 mobile applications. Websites that are owned and operated by Forever 21 may contain links to websites that are owned and operated by other companies. This Statement does not apply to websites and services that are owned and operated by third parties.
We understand the importance that our customers place on privacy and have designed this Privacy Policy to describe our information-gathering and dissemination practices. You agree to this Privacy Policy when you: 1) access or use any Site; and/or 2) agree to receive e-mail from us. If you do not agree to this Privacy Policy, please do not use this Site.
This Privacy Policy went into effect on the date noted above. Please note that we reserve the right to review and update this Privacy Policy from time to time. If we make any material changes to the Privacy Policy, we will notify you by means of a general notice on the Sites prior to the change taking effect. If you use a Site after the updated Privacy Policy becomes effective, you will be deemed to have agreed to the amended Privacy Policy.
This Privacy Policy addresses the following:
INFORMATION THAT WE COLLECT ABOUT YOU
Information Provided by You Upon Registration. When you register for an account on a Site, we may collect the following information that allows us to identify you ("Personal Information"):
COOKIES AND OTHER TRACKING TECHNOLOGIES THAT WE USE
We and our service providers use cookies, beacons, embedded scripts and local shared objects in connection with the Sites.
The above technologies are used in analyzing trends, administering the Sites, services and products, tracking users’ movements around the Sites and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We use cookies to remember users’ settings, market products and services to users, and for authentication purposes. To manage the cookies that are placed on your computer, you may configure your internet browser to refuse, accept or delete cookies from our Sites at any time. Some of the cookies we use may be more persistent in nature. These persistent cookies may not be deleted when other cookies are deleted. Please check your browser and browser settings to determine where these types of cookies are stored and whether and how they may be deleted. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable most cookies altogether. Please note that if cookies are disabled or removed, not all features of our Sites will operate as intended.
WHAT WE DO WITH THE INFORMATION WE COLLECT
As examples of how we may use Personal Information that we collect, we use Personal Information in the following ways:
WITH WHOM WE SHARE THE INFORMATION WE COLLECT
We may share your Personal Information with third parties as described in this Privacy Policy or otherwise with your permission. We reserve the right to transfer and/or sell other data, including aggregate or de-identified data derived from Personal Information, for lawful purposes in our discretion.
OUR OPT-OUT POLICY
Sharing with Third Parties for Marketing. As noted above, we may disclose your information to third parties for their direct marketing purposes. If you would like to opt out of such disclosures, lease contact us at privacy@forever21.com
Email Marketing. To stop receiving newsletters or marketing communications from us or to opt out of having your email address shared with third parties, please use the “unsubscribe” mechanism provided in the communication (such as the “unsubscribe” link at the bottom of the marketing email) or send an e-mail to customerservice@forever21inc.com along with the information necessary for us to process your request.
Direct Mail. To stop receiving direct mail from us, fill out the form here with the words “DIRECT MAIL OPT-OUT” in the subject line.
Service-Related Announcements. We will also send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these emails, which are not promotional in nature.
OUR POLICY ON CORRECTING AND UPDATING PERSONAL INFORMATION AND DEACTIVATING YOUR ACCOUNT
You may request to access, correct, update or delete your Personal Information, or deactivate your account, by emailing our Customer Support at customerservice@forever21inc.com with information necessary for us to process your request. We will respond to your request to access your Personal Information within 30 days. We may need to verify your identity before granting access to Personal Information in our custody or control. Please see below regarding our retention policy.
CALIFORNIA RESIDENTS
Your California Privacy Rights. Forever 21 collects information that you provide to us or that we learn about you from your use of our Websites or shopping at our stores, as described in this Privacy Policy. Under California law, once a year, Forever 21 customers who are California residents may request certain information about our disclosure of your personal information to unaffiliated third parties for direct marketing purposes. Forever 21 does not disclose any personal information to unaffiliated third parties for these purposes.
To request your personal information under California Law, please contact us via the following methods, using “California Privacy Rights” as the heading:
EU RESIDENTS
International Transfers of EU Customers’ Personal Information. The Personal Information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") in reliance on a variety of compliance mechanisms. including data processing agreements based on the EU Standard Contractual Clauses. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. If you are from the EEA or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the U.S. which does not have the same data protection laws as the EEA and may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. With knowledge of these risks, by providing your personal information you consent to: (i) the use of your personal information for the uses identified above in accordance with this Privacy Policy; and (ii) the transfer of your personal information to the U.S. as indicated above.
MISCELLANEOUS
Links to Other Websites. The Sites may contain links to third party owned and/or operated websites. We are not responsible for the privacy practices or the content of such websites. We suggest that you contact these third parties directly for information regarding their privacy, security and data collection and distribution policies prior to providing them with any information.
Blogs and Public Features of the Sites. Some of our Sites offer publicly accessible blogs, community forums, or public comments sections. You should be aware that any Personal Information you submit there can be read and collected by other users of these forums and could be used to send you unsolicited messages and for other purposes. Our blog and comments section of our site is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. NONE OF THE INFORMATION THAT YOU PROVIDE USING THESE FEATURES IS PROTECTED BY THIS PRIVACY POLICY. WE ARE NOT RESPONSIBLE FOR THE PERSONAL INFORMATION YOU CHOOSE TO SUBMIT IN THESE FORUMS OR THE USE OF THAT INFORMATION BY ANY THIRD PARTY. You will need to contact or log into the third party application if you want the Personal Information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.
Social Media Widgets. Our Sites may include social media features, such as the Facebook Like button and widgets such as the share this button or interactive mini-programs that run on our Sites. These features may collect your IP address, which pages you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy policy of the company providing them.
Security and Retention. We take commercially reasonable steps to help protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from a Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to us or to any other party via the Internet. The security of your Personal Information is important to us. When you enter sensitive information (such as a credit card number) on our order forms or login credentials (such as username and password) on our platform login, we encrypt the transmission of that information. Your Personal Information will be stored in the United States and will be subject to laws applicable in that country. If you have any questions about security on our Sites, you can contact us at privacy@forever21.com. We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice on the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Children’s Privacy. Visitors under 13 years of age are not permitted to use and/or submit their Personal Information at any Site. We do not knowingly solicit or collect information from visitors under 13 years of age. If you are under 13 years of age, please do not submit any information to us. In the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Assignment. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personal information collected via the Sites.
Disputes, Agreement to Arbitrate, and Choice of Law. By using the Sites, you and Forever 21 agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
to Forever 21 at:
Forever 21, Inc.
3880 North Mission Road
Los Angeles, CA 90031
Both you and Forever 21 agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Trademark Notice. Forever 21, Fashion 21, XXI, XXI Forever, Love & Beauty, Life in Progress, 21 Men, F21 Red, and its related domains (including, but not limited to, www.forever21.com and canada.forever21.com) are tradenames and/or trademarks of Forever 21, Inc. and its affiliates.
Contacting Us. Our “contact us” page contains e-mail links that allow you to contact us directly with any questions or comments that you may have. If you have any questions about this Privacy Policy or our privacy practices, please feel free to contact us at privacy@forever21.com or at:
Forever 21, Inc.
ATTN: Privacy
3880 North Mission Road
Los Angeles, CA 90031
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 FOREVER 21 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@forever21inc.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@forever21inc.com
Forever 21, Inc.
ATTN: Privacy
3880 North Mission Road
Los Angeles, CA 90031
This Returns and Exchanges Policy applies to all purchases made through the website Forever21.com, the Forever 21 mobile applications, and any other website or application that directs you to this Returns and Exchanges Policy (collectively, the “Site”).
All Forever 21 purchases may only be returned to stores within the original country of purchase. Please contact your local store for any store-specific return policy information.
Online purchases made through the Site are valid for exchange, credit, or refund within 30 days from the ship date.Your return form and invoice provide a postmark date that specifies the last day you have to return your merchandise by mail or to one of our stores.
Items must be returned unwashed, unworn, undamaged, and with all tags attached. Jewelry must be in its original packaging. All returned items must be accompanied by the return form and customs documents (if applicable).
SALE MERCHANDISE, COSMETICS, UNDERWEAR, SELECT LINGERIE AND SWIMWEAR, EARRINGS, BODY PIERCINGS, AND GIFT CARDS / E-GIFT CARDS ARE ALL FINAL SALE ITEMS AND CANNOT BE RETURNED OR EXCHANGED, UNLESS REQUIRED BY LAW.
Cosmetics may be returned if gently used, with the original packaging, and with the original receipt. All other returned or exchanged items must be unwashed, unworn, and undamaged, with all tags attached. Food items, sale merchandise, clearance items, and gift cards / e-gift cards are all final sale items and cannot be returned or exchanged, unless required by law.
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 FOREVER 21 WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
RETURNS BY MAIL
Your package includes an order invoice, return form, customs documents (if applicable), and a pre-printed merchandise return label.
Forever 21
Attention: Online Returns
3880 N. Mission Rd Dock H4-1
Los Angeles, CA 90031
Refunds will be issued in the original form of payment. Please allow 2-3 weeks from the return ship date for your account to be credited, and 1-2 billing cycles for the credit to appear on your statement. For returns from international and APO/FPO addresses, please allow 4-6 weeks from the return ship date for your account to be credited, and 2-3 billing cycles for the credit to appear on your statement. If you made your purchase using a gift card, e-gift card, or store credit, refunds will be issued to the original card that was used. The refund amount will include only the amount paid by you after any discount or reward was applied to the returned item(s) and it will not include any shipping charge paid by you unless you are returning a damaged, defective, or the wrong item was sent to you.
RETURNS TO A STORE
You must provide your order invoice and the form of payment used to make the purchase when returning merchandise to a store. You may return your merchandise to any Forever 21, XXI, For Love 21, F21 Red, or Forever 21 “$10 and Under” location within the United States. Refunds for online purchases returned in store will be issued in the original form of payment, except for online purchases made using PayPal. At this time, all store returns of online purchases using PayPal are valid for exchange or store credit only. Please allow 1-2 billing cycles for the credit to appear on your statement.
If you made your purchase using a gift card, e-gift card, or store credit, refunds will be issued to the original card that was used. The refund amount will include only the amount paid by you after any discount or reward was applied to the returned item(s) and it will not include any shipping charge paid by you unless you are returning a damaged, defective, or the wrong item was sent to you.
DAMAGED, DEFECTIVE, OR WRONG ITEM(S)
BY MAIL: Exchanges by mail are only processed for damaged, defective, or the wrong item(s) shipped.
Should you receive damaged, defective, or the wrong item(s), please return the merchandise to our Online Returns address above within 30 days from the ship date. The refund amount will include the amount paid by you after any discount or reward was applied to the returned item(s) plus any original shipping charge paid by you and the return shipping costs ONLY if a copy of the shipping receipt is attached to the return form. We recommend using a carrier service that provides tracking. Please note: only standard carrier services will be refunded
To ensure proper processing, please select the appropriate Return Reason Code listed on your return form. In addition, please specify the damage, defect, or wrong item(s) on the return form. Upon receipt of your return, our Online Returns Department will inspect your merchandise to confirm that the item is damaged, defective and/or the wrong item. If you would like a replacement of the item(s), please write Exchange on the return form in the notes section. We will gladly send out a replacement of the original item(s) purchased, at no cost, as long as the merchandise is available. If the merchandise is not available for an exchange, you will receive a refund to the original form of payment used to make your online purchase.
IN STORES: Damaged, defective, or the wrong item(s) may be returned to any Forever 21, XXI, For Love 21, F21 Red, or Forever 21 “$10 and Under” location within the United States for an exchange or refund. You must provide your order receipt / invoice and the form of payment used to make the purchase. Refunds will be issued in the original form of payment, except for online purchases made using PayPal.At this time, all store returns of online purchases using PayPal are valid for exchange or store credit only. The refund amount will include the amount paid by you after any discount or reward was applied to the returned item(s) plus any original shipping charge paid by you.
RETURNS FOR ONLINE PURCHASES MADE WITH GIFT CARDS / E-CERTIFICATES / STORE CREDITS
Refunds can only be made to the exact gift card, e-gift Certificate or store-credit used for the original purchase. Please retain the gift card, e-gift certificate and/or store credit after your online purchase, for return refunds and future purchases.
ARBITRATION
Except if you opt-out or for disputes relating to your or Forever 21's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) (“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 this Returns and Exchanges Policy, your use of the Site, purchase of products, 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 this Returns and Exchanges Policy, or the website 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
Attention: Online Returns
3880 N. Mission Rd Dock H4-1
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.
GOVERNING LAW & VENUE
For any action at law or in equity relating to the arbitration provision of this Returns and Exchanges Policy, 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 Returns and Exchanges Policy 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 this Returns and Exchanges Policy 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 this Returns and Exchanges Policy will not be construed as a waiver of any provision or right. No waiver of any of this Returns and Exchanges Policy 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.
QUESTIONS OR COMMENTS?
For further assistance, contact us at (888) 494-3837 for U.S. and Canada, or (213) 741-8257 for International shoppers. You can also contact us through our customer service portal.
