Last Updated: September 26, 2022
- 1. Definitions
- 2. Privacy
- 4. Beta Features
- 5. Age Restrictions
- 6. Ownership and Use of the Services and Materials
- 7. Other Online Services
- 8. Business Transactions
- 9. Marketing Messages
- 10. Use of Communication Services
- 11. User-Generated Content
- 12. Restrictions and Prohibited Uses
- 13. Creating an Account
- 14. Payments for In-Game Content
- 15. Procedure for Claims of Copyright Infringement
- 16. Sweepstakes, Contests, and Promotions
- 17. Accuracy and Availability
- 18. Arbitration and Dispute Terms
- 19. Disclaimer of Representations and Warranties
- 20. Limitations of Our Liability
- 21. General Provisions
- 22. Accessibility
- 23. Contact Information
Welcome to the Claire’s Metaverse which is operated by Claire’s Stores Inc. (“Claire’s”, “we”, “us”, “our”). These terms and conditions (“Terms”) govern your use of the Claire’s Metaverse. NOTE THAT THE CLAIRE’S METAVERSE IS CURRENTLY COMPRISED ENTIRELY OF FEATURES CONSIDERED “BETA” (“BETA FEATURES”) AND ALL ELEMENTS OF THESE TERMS SHALL APPLY TO THE BETA FEATURES. FOR MORE INFORMATION ABOUT BETA FEATURES AND ASSOCIATED RISKS, PLEASE REFER TO SECTION 4.
These Terms of set forth a legally binding agreement between you and Claire’s and govern your use of the Services; THESE TERMS LIMIT CLAIRE’S LIABILITY TO YOU AND REQUIRE YOU TO INDEMNIFY US, SETTLE CERTAIN DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT. Please note that these Terms do not affect your mandatory statutory rights under applicable laws, to the extent that such rights apply to you and cannot be limited or excluded. If you do not agree to these Terms and any Additional Terms, do not use the Services.
In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Services (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
These Terms are subject to change without notice, in our sole discretion. Changes to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Services after the “Last Updated” date constitutes your acceptance and agreement to such changes.
- 1. DEFINITIONS
“Account” means, any account you create via the Roblox Platform you use to access the Game.
“Game” means the online computer game operating on the Roblox Platform known as the Claire’s Metaverse and any associated updates, content, or materials therein.
“In-Game Content” means any items that are offered for sale within the Game, which Users may purchase by utilizing Robux.
“Roblox” means the company known as Roblox Corporation, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, oﬃcers, and directors.
“Roblox Platform” means the website https://www.roblox.com/ and any inclusive subdomains as well as the Roblox app on mobile devices, and the Roblox Game download on video game consoles such as Xbox One and any other future console platforms.
“Robux” means the online digital currency offered by the Roblox Platform that can be used to purchase In-Game Content.
“Services” means the Game and, any website, game, device, platform, content, and other related products and services provided by Claire’s, Claire’s affiliates, and any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, oﬃcers, and directors. The Services include, without limitation, any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and Claire’s clients and server software.
- 2. PRIVACY
- 4. BETA FEATURES
As noted above, the Claire’s Metaverse is currently comprised of Beta Features. You acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Services. You are using Beta Features at your own risk. Notwithstanding anything else in these Terms to the contrary, we do not make any warranties or representations with respect to such Beta Features and do not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running of your software and/or hardware. Beta Features are considered part of the Services and all provisions of these Terms relating to the Services will apply to the Beta Features.
- 5. AGE RESTRICTIONS
You acknowledge and agree that Roblox may divide and subsequently provide different services to Users based on their age.
If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
- You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
- You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms;
- You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor; and
- In consideration of Claire’s and Roblox allowing access to the Service by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Claire’s with respect thereto.
- 6. OWNERSHIP AND USE OF THE SERVICES AND MATERIALS
Intellectual Property. The Services may contain materials and other items relating to Claire’s, including the layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Services including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (together the “Materials”), are owned and controlled by Claire’s, our licensors or certain other parties. All rights, title, and interest in and to the Materials available via the Services are the property of Claire’s or our licensors or certain other parties, and are protected by U.S. and international copyright, trademark, trade dress, and/or other intellectual property rights and laws to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms, Claire's grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Services or Materials on a personal device registered with the Roblox platform. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Materials. Your unauthorized use of the Materials may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Reservation of Rights. All rights not expressly granted to you are reserved by Claire’s and its licensors and other parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Services and Materials for any purpose is prohibited.
- 7. OTHER ONLINE SERVICES
- 8. BUSINESS TRANSACTIONS
We reserve the right to sell or transfer any information we obtain through the Services in connection with any joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
- 9. MARKETING MESSAGES
Text Messages. You may be given opportunities to subscribe to various text marketing or other text messaging programs, which may include messages sent using automated technology. These programs may include text messages from our various businesses and affiliates, as well as co-promotions. Your participation in any text message program may be subject to Additional Terms, including terms presented to you at the time you opt in. Your consent to receive text messages is not required to purchase any product or service.
Email Messages. You may modify your email marketing communications preferences by following the instructions contained in our promotional emails. Please note that even if you opt out of receiving marketing communications, we may still send you transactional emails.
- 10. USE OF COMMUNICATION SERVICES
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. CLAIRE’S DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, CLAIRE’S SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
- 11. USER-GENERATED CONTENT
We may provide user comment areas, message boards, or other interactive areas on the Services to give users of the Services a forum to express their opinions and share their ideas, information, materials and other user-generated content (“User-Generated Content”). Unless otherwise specified, you may only post User-Generated Content to the Services if you are a resident of the United States and are eighteen (18) years of age or older. You may only post User-Generated Content that you created or which the owner of the User-Generated Content has given you permission to post. If User-Generated Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the User-Generated Content. You may be required to provide proof of such permission to Claire’s. You may not post or distribute Content that is illegal or that violates these Terms. By posting or distributing User-Generated Content to the Services, you represent and warrant that (a) you own all the rights to the User-Generated Content or are authorized to use and distribute the User-Generated Content to the Services and (b) the User-Generated Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
Waiver of Rights. Whenever you send, post, upload, or otherwise make available User-Generated Content on the Services or directly to Claire’s you grant Claire’s an irrevocable, worldwide, non-exclusive, unrestricted, unconditional, unlimited, perpetual, fully sub-licensable and assignable, royalty-free licence to use, exploit, reproduce, modify, translate, incorporate into other works, create derivative works from, publish, broadcast, advertise, market, promote, and otherwise use and exploit in any manner whatsoever, all or any portion of such User-Generated Content and your name, voice, likeness, and other identifying information in connection with that User-Generated Content, via any media now known or later developed (including on or via the Services, or by other means, including without limitation via our social media pages and accounts), all without any obligation to you except as required by applicable law. You further authorize Claire’s to publish your User-Generated Content in a searchable format that may be accessed by any Internet user.
As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your User-Generated Content. Our receipt of your User-Generated Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your User-Generated Content. You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services.
- 12. RESTRICTIONS AND PROHIBITED USES
Claire’s expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Services or while using the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not:
- Use the Services for any commercial or political purpose.
- Engage in any activities through or in connection with the Services that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane or abusive; violate any right of any other party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to Claire’s.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Services by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Services.
- Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Claire’s, or other users of the Services.
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Services or the Materials.
- Harvest, scrape, or otherwise collect or store any information, including personal information, from the Services.
- Attempt to gain unauthorized access to the Services or other computer systems or networks connected to the Services; attempt to probe, scan, or test the vulnerability of a system or network; or attempt to breach security or authentication measures without proper authorization.
- Use the Services to transmit information that is in any way false, fraudulent, or misleading.
- Monitor, gather, copy, or distribute the Materials (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
- Remove any copyright, trademark, or other intellectual property or proprietary notices or legends contained in the Materials.
- Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any other party or on any Other Online Service or website, or otherwise use or exploit the Materials in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of Claire’s.
- Insert any code or product to manipulate the Materials in any way that adversely affects Claire’s or attempt to interfere with service to any user, host, or network.
- Otherwise violate these Terms.
You agree that if you submit any personal information of another person to Claire’s or to the Services, you represent that you are authorized to provide that individual’s personal information to Claire’s.
- 13. CREATING AN ACCOUNT
- 14. PAYMENTS FOR IN-GAME CONTENT
- 15. PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
We expect users of the Services to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement. In our sole discretion, we may remove content, including User-Generated Content, that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable law, Claire’s has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers.
If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it through the Services, then you may send us a written notice that must include all of the following:
- “DMCA Copyright Infringement Notice” in the heading or subject line.
- A description of the copyrighted work you believe to have been infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (e.g., a screenshot of the location where the material is located or a URL).
- Accurate and adequate information that we can use to contact you (including your full name, postal address, telephone number, and email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed).
- Your physical or electronic signature.
We will respond to notices of claimed copyright infringement in accordance with the DMCA. Our agent for notice of claims of copyright infringement for the Services can be reached at:
Claire's Stores, Inc.
2400 West Central Road
Hoffman Estates, IL 60192
Email: [email protected]
Claire’s may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly materially misrepresents an infringement may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification.
- 16. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or other promotions (any, a “Promotion”) that may be offered via the Services may be governed by Additional Terms that may have rules such as eligibility requirements, including certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User-Generated Content, and disclosures about how your personal information may be used. It is your responsibility to read these Additional Terms to confirm that you are eligible to participate, register, and/or enter, the Promotion. By participating in a Promotion, you will be subject to the applicable Additional Terms and you agree to comply with and abide by rules and the decisions of the identified sponsor(s).
Prohibited US States/Countries. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual U.S. state, country, territory, or jurisdiction. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a prohibited jurisdiction. Claire’s and Roblox reserve the right (but have no obligation) to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any prohibited jurisdiction.
Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to the Services may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Services is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
- 17. ACCURACY; AVAILABILITY
We do not warrant that specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free, whether through the Services, in an order confirmation, in processing an order, delivering a product or otherwise, and we reserve the right to correct such error and otherwise change or update the information on the Services at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged. We make no warranties as to the availability or accessibility of the Services, and (except as otherwise set out in these Terms) we will not be liable for any damages, loss, costs, or expenses incurred by you as a result of any lack of availability or accessibility of the Services.
You further acknowledge and agree that (i) Claire’s or Roblox may, in their absolute discretion, provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services; (ii) access to the Services may be interrupted for reasons within or beyond the control of Claire’s and that Claire’s cannot and does not guarantee you will be able to use the Services whenever you wish to do so; and (iii) the Services may not be offered in all countries or geographic locations.
- 18. ARBITRATION, CLASS ACTION WAIVER AND DISPUTE TERMS
If a dispute arises between you and Claire’s, you and Claire’s agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services through binding arbitration or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at [email protected] to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Claire’s agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.
If any controversy, allegation, or claim relates in any way to your use of the Services (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Illinois except that we may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Illinois. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association; any dispute shall otherwise be governed by the internal laws of the State of Illinois without regard to Illinois choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND CLAIRE’S BOTH AGREE TO GIVE UP THE RIGHT TO A JURY TRIAL. YOU AND CLAIRE’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless you and Claire’s agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding, consolidated action or private attorney general action.
ANY DISPUTE YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE DISPUTE.
- 19. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
CLAIRE’S IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. Claire’s is not a party to any agreement between users, including any agreement between users and Roblox. Claire’s has no control over the conduct of, or any information provided by any user, including any information provided by user directly to Roblox, and Claire’s hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Claire’s through the Services is for informational and entertainment purposes only and Claire’s does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing any In-Game Content, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF CLAIRE’S. CLAIRE’S DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT CLAIRE’S DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS AND CLAIRE’S DOES NOT GUARANTEE ANY UPTIME WITH RESPECT TO THE SERVICES OR THAT THE SERVICES OR THE CLAIRE’S METAVERSE WILL RUN CONTINUOUSLY OR ERROR-FREE. To the fullest extent permissible by applicable law, Claire’s and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Claire’s Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Materials, User-Generated Content or other Claire’s products or services, except as set forth below.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE CLAIRE’S PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF OTHER PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE CLAIRE’S PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY THE CLAIRE’S PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) THE CLAIRE’S PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY THE CLAIRE’S PARTIES, TO THE EXTENT NOT WAIVABLE OR AS CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY OTHER CAUSE OF ACTION YOU MAY HAVE AGAINST THE CLAIRE’S PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
- 20. LIMITATIONS OF OUR LIABILITY
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE CLAIRE’S PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Materials, User-Generated Content or other Claire’s products or services, including subscription services, except, to the extent not waivable or under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold, or provided by Claire’s.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Claire’s parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLAIRE’S PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID CLAIRE’S IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY THE CLAIRE’S PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY THE CLAIRE’S PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) THE CLAIRE’S PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY CLAIRE’S PARTIES TO THE EXTENT NOT WAIVABLE OR AS CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY OTHER CAUSE OF ACTION YOU MAY HAVE AGAINST THE CLAIRE’S PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
- 21. GENERAL PROVISIONS
Severability. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Entire Agreement. Except for any Additional Terms that apply to your use of the Services as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
Assignment. These Terms and all of your rights and obligations under the Terms are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under them.
Termination or Changes. To the extent permitted by law, Claire’s or Roblox reserve the right to terminate your access to the Services or any portion thereof at any time, without notice, for any reason including, without limitation, a breach of these Terms or any Additional Terms that may be provided to you or agreed to by you. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on the Services, without limitation, in whole or in part, including the cessation of all activities associated with the Services, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of the Services or any part thereof. We also reserve the right to charge for use of the Services, in whole or in part, and to change its fees from time to time in its discretion.
Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Claire’s), indemnify, and hold the Claire’s Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Claire’s Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the Claire’s Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Claire’s Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the Claire’s Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Claire’s Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Claire’s Party. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers, licensors, and other Claire’s Parties are intended beneficiaries of these Terms.
No Waiver. Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.
Investigations; Cooperation with Law Enforcement. Claire’s reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Claire’s may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Electronic Contracting. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Services it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Services constitutes agreement to these Terms, and any applicable Additional Terms, then posted without further action by you.
California Notices. In accordance with California Business and Professions Code Section 17538 et al., Claire’s return and refund policy is available here, the legal name under which Claire’s conducts business is Claire’s Stores, Inc. and Claire’s business address is 2400 West Central Road, Hoffman Estates, IL 60192. Within five (5) days of Claire’s receipt of your request, California residents may receive verification of this information by email by contacting us at [email protected]
Residents of California are also entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.
California residents should visit our California Privacy Notice to learn more about their California privacy rights.
Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms or any applicable laws or regulations because of any event beyond our reasonable control.
International Use. The Services are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of the Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Device and Internet Connection. Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
- 22. ACCESSIBILITY
IF YOU ARE HAVING ANY TROUBLE ACCESSING THE SERVICES OR ANY ASSOCIATED WEBSITES, PLEASE CONTACT US TOLL FREE AT 1-800-804-7194, 24 HOURS A DAY, 7 DAYS A WEEK OR VIA [email protected].
- 23. CONTACT INFORMATION
If you have any questions or concerns you may contact us by emailing [email protected].