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.

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.


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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.
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