Last Updated: 11/16/2020
- Ownership and Use the Site and Materials
- Other Online Services
- Business Transactions
- Marketing Messages
- User-Generated Content
- Restrictions and Prohibited Uses
- Creating an Account
- Purchases on The Site
- Procedure for Claims of Copyright Infringement
- Sweepstakes, Contests, and Promotions
- Site Accuracy and Availability
- Arbitration and Dispute Terms
- Disclaimer of Representations and Warranties
- Limitations of Our Liability
- General Provisions
- Contact Information
In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Site (“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 of set forth a legally binding agreement between you and Claire’s and govern your use of the Site; these Terms limit Claire’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. 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 Site.
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 Site after the “Last Updated” date constitutes your acceptance and agreement to such changes.
1. Ownership and Use of the Site and Materials
Intellectual Property. The Site 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 Site 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 Site 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 Site or Materials on a personal device, and retain one copy of the Materials as it is displayed to you for your personal, non-commercial use only. 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 Site and Materials for any purpose is prohibited.
Site Availability. Claire’s in its sole discretion and without advance notice or liability, may immediately suspend or terminate the availability of the Site and/or Materials, in whole or in part, for any reason.
2. Other Online Services
3. Business Transactions
We reserve the right to sell or transfer any information we obtain through the Site 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).
4. 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.
5. User-generated Content
We may provide user comment areas, message boards, or other interactive areas on the Site to give users of the Site a forum to express their opinions and share their ideas, information, materials and other user-generated content (“User-Generated Content”).
Waiver of Rights. Whenever you send, post, upload, or otherwise make available User-Generated Content on the Site 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 Site, 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.
6. Restrictions and Prohibited Uses
You agree that you will not:
- Use the Site for any commercial or political purpose.
- Engage in any activities through or in connection with the Site 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 Site 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 Site.
- Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Claire’s, or other users of the Site.
- 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 Site or the Materials.
- Harvest, scrape, or otherwise collect or store any information, including personal information, from the Site.
- Use the Site 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 the 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 Site, you represent that you are authorized to provide that individual’s personal information to Claire’s.
7. Creating an Account
If you register an account on the Site, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your account. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
If you register for an account you represent you are 13 years of age or older. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Site. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
If you use the Claire’s mobile application, information collected through the Site related to your Claire’s account and settings, including any account information changed through the Site, may not be synchronized between the Site and the Claire’s mobile application.
8. Purchases on the Site
Your purchase of any products on the Site is subject to our Terms of Sale. Any other purchases or transactions you conduct or initiate on the Site may be subject to Additional Terms.
Procedure for Claims of Copyright Infringement
We expect users of the Site 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 Site, 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 Site can be reached at:
Claire's Stores, Inc.
2400 West Central Road
Hoffman Estates, IL 60192
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.
10. Sweepstakes, Contests, and Promotions
Any sweepstakes, contests, or other promotions (any, a “Promotion”) that may be offered via the Site 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).
11. Site Accuracy and Availability
We do not warrant that specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. We make no warranties as to the availability or accessibility of the Site, 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 Site.
The information contained on the Site is provided for informational purposes only. The information should not be considered complete and should not be used in place of a visit with, call to, consultation with, or advice from your physician or other health care provider (e.g., any information on treatment of piercings).
12. Arbitration 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 Site 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@example.com 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 Site (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.
If for any reason a claim proceeds to court rather than arbitration, you and Claire’s agree to waive any right to a jury trial.
13. Disclaimer of Representations and Warranties
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. 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 Site, 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.
14. 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 Site, Materials, User-Generated Content or other Claire’s products or 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 Site).
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 SITE 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.
15. 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 Site as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Site, 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, we reserve the right to terminate your access to and use of the Site and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms or any Additional Terms that may be provided to you or agreed upon between you and us.
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 Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, 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 Site or any part thereof. We also reserve the right to charge for use of the Site, 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 Site and your activities in connection with the Site; (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 Site or your activities in connection with the Site; (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 Site 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 Site 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 firstname.lastname@example.org.
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.
Any California residents under the age of eighteen (18) who have registered to use the Site, and who have posted content or information on the Site, can request that such information be removed from the Site by contacting us at the email address set forth in below, making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonably good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, Other Online Services may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
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.
16. CONTACT INFORMATION
If you have any questions or concerns you may contact us by emailing email@example.com.