Claires.com Website Terms of Use

Last Updated: 9/21/2021

These Terms of Use (“Terms”) governs your use of claires.com and clairesstylebook.com (the “Site”), which is operated by Claire’s Stores Inc. (“Claire’s”, “we”, “us”, “our”).

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.

By visiting or otherwise using the Site, you acknowledge and accept these Terms, including the binding arbitration terms in Section 12, and any applicable Additional Terms. Please also review the Privacy Policy, which describes our data practices with respect to personal information obtained through the Site.

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, 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 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.

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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

We are not responsible for other online services or their content, advertisement(s), apps, or websites (“Other Online Services”). For instance, portions of the Site may be integrated into or linked to other websites, platforms, and apps that we do not control. Similarly, we may make ads and non-Claire’s content or services available to you on or via the Site. This may include the ability to register or sign in to the Site using your Facebook account or other online tools, and to post content on other websites and services using plug-ins made available on the Site. Please note that Other Online Services have their own privacy policies and terms of use and Claire’s is not responsible or liable for these policies or terms.

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.
• Attempt to gain unauthorized access to the Site or other computer systems or networks connected to the Site; 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 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 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 .

9. 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:

Hristo Bankov
Claire's Stores, Inc.
2400 West Central Road
Hoffman Estates, IL 60192
Phone: 847-765-2543
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.

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, 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 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 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 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.

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.

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