#YesHilfiger TERMS AND CONDITIONS

THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE TOMMY OLAPIC GALLERY WEBSITE (SOMETIMES REFERRED TO AS THE "WEBSITE" or “TOMMY OLAPIC GALLERY”) OR PROVIDING SUBMISSIONS (AS DEFINED BELOW). BY ACCESSING OR USING THE WEBSITE OR BY AGREEING TO PROVIDE SUBMISSIONS TO TH, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (WHICH MAY BE UPDATED AS DESCRIBED BELOW), AND HAVE ACKNOWLEDGED YOUR ACCEPTANCE OF THEM. YOU MAY USE THE TOMMY OLAPIC GALLERY ONLY IF YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE YOU MAY MAKE SUBMISSIONS ON THE TOMMY OLAPIC GALLERY ONLY IF YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.

Tommy Hilfiger U.S.A., Inc., located at 601 West 26th Street, New York, NY 10001, USA and any of its parents, affiliates or subsidiaries ("TH,", "us" or "we"), may revise these Terms of Use at any time by updating this posting. Your use of the Tommy Olapic Gallery after any changes have been posted or failure to notify us that you desire that we discontinue use of any submissions provided to us will constitute your agreement to the modified Terms of Use and all of the changes. You should check this page from time to time and the date of the Terms of Use (which appear above) to review the current Terms of Use and any changes since your last visit, because they are binding on you.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

Overview

The Website allows you to upload your photographs and/or videos of yourself and features certain photographs and videos from your hard drive and Instagram, Facebook, and Youtube accounts in the Website's gallery. If your content uploaded to the Website or otherwise provided as a Submission is selected by TH, in TH’s sole discretion, it may be displayed or appear on the Website or as otherwise described in these Terms of Use for other users to see together with your name and associated Instagram, Facebook, and Youtube account (if applicable) profile information (such as your handle and profile picture). TH is under no obligation to feature or post any photograph or video on the Website or otherwise, but may do so at its sole discretion.

After you submit a Submission (as defined below) and your Submission is posted on the Website, you will have the opportunity to share your general participation in accordance with these Terms of Use, including but not limited to on the Website, on Facebook and Instagram. By clicking the "Facebook" or "Instagram" icons on your Submission posted on the Website, a post will be posted to your Facebook Timeline or your Instagram feed, respectively, to let your network of friends or followers know that you made a Submission, which may be viewed by others according to your Facebook and/or Instagram settings.

Rights

The content of this Website includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content original to TH, are protected by copyright (and, if applicable, similar foreign laws). All trademarks, service marks and logos, text, copyrightable subject matter, images, graphics, designs, and products appearing on the Tommy Olapic Gallery belong to TH or in some cases to the party that authorized such use by TH.

All rights are reserved. Use of any of TH's, or any other trademarks, service marks, or names appearing on the Website as metatags on other websites is prohibited.

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content on the Tommy Olapic Gallery, nor will you attempt to do so. You agree not to copy, redistribute, publish, or otherwise exploit material which you download from the Tommy Olapic Gallery without the express prior written permission of TH. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Tommy Olapic Gallery.

Content

Content on the Tommy Olapic Gallery is TH proprietary information or the proprietary information of the party that provided the information to us. TH or such other parties retain all rights, title, and interest in that material and content. You may not copy, distribute, republish, upload, post, or transmit this content without getting TH's approval in writing first. If you modify or use the Tommy Olapic Gallery in ways that TH has not approved in writing, you violate TH's intellectual property rights, or those of its third party providers.

Submissions

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us via the Website or otherwise by using the #TommyHilfiger hashtag [or other hashtags related to TH] (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us, our affiliates, licensees and third-party service providers who provide content management services, a nonexclusive, royalty-free, worldwide, perpetual, transferable, fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, Tumblr, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works without further notice or compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products and in any manner determined in our sole discretion, including but not limited to on the Website or other TH websites, social media websites operated by TH, and in our other marketing, promotional and advertising initiatives.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, LLC, Twitter Inc., Vine Labs, Inc., Tumblr Inc., and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, Tumblr or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. You acknowledge that TH is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Tommy Olapic Gallery visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization. In addition, you may not use the Website to upload, post, email, or otherwise transmit any materials or provide any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, violent, politically-sensitive, vulgar, obscene, libelous, invasive of another's privacy, or infringing on third party property rights, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion); to "stalk" or otherwise harass another user or employee of this Website; and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

When you make a Submission, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by TH without restriction. You represent and warrant that your provision of Submissions through the Tommy Olapic Gallery complies with all applicable laws, rules and regulations, Instagram's Terms of Use, Twitter's Terms of Service, Vine's Terms of Service, and Tumblr’s Terms of Service any third party agreements to which you are subject. To the fullest extent permitted by applicable law, you further irrevocably waive any all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of "moral rights", defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action under any applicable law or under any legal theory (“Claims”) arising directly or indirectly from TH’s exercise of its rights under these Terms of Use and the use and exploitation of any Submission, and whether resulting in whole or in part by the negligence of TH or any other person and you covenant not to make or bring any such Claim against TH or our parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, and forever release and discharge all such parties from liability under such Claims. This section will survive termination of this Agreement for any reason.

TH reserves the right, at its sole discretion, to edit, modify, delete or remove any Submission and to choose to include or not include such Submission in the Tommy Olapic Gallery or otherwise. The Website may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Tommy Olapic Gallery are those of such third parties and not of TH, including its licensors and/or other third party providers, and TH does not endorse any such opinions, statements, or materials. TH may remove objectionable statements or other content from the Tommy Olapic Gallery at any time if it deems removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that TH has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Tommy Olapic Gallery. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION AND OR CONTENT PUBLICLY AVAILABLE THROUGH THE TOMMY OLAPIC GALLERY, YOU DO SO AT YOUR OWN RISK.

DMCA Policy

TH respects the intellectual property rights of others. TH, at its discretion and when appropriate, may terminate the accounts of users who may infringe the copyrights of third parties.

To submit a copyright infringement notification to TH, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By Email: copyright@tommy.com
By Mail:
DMCA Designated Agent
Attn: Legal Department
Tommy Hilfiger U.S.A., Inc.
601 West 26th Street
New York, NY 10001
United States

Disclaimer

You understand that TH cannot and does not promise, guarantee or warrant that files you download through the Internet will be free from viruses, worms, Trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. TH does not assume any responsibility for your use of the Internet.

USE OF THE TOMMY OLAPIC GALLERY IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TH DOES NOT WARRANT THAT THE TOMMY OLAPIC GALLERY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TOMMY OLAPIC GALLERY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. TH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. TH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE TOMMY OLAPIC GALLERY OR ITS CONTENT. TH MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. TH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information on the Tommy Olapic Gallery is current only as of the date it is posted.

Commentary and other materials posted on this Website are not intended to amount to advice on which reliance should be placed.

Limitation of Liability

TH SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, NOR FOR ANY LOSS OF REVENUE, PROFIT, BUSINESS, DATA, GOODWILL OR ANTICIPATED SAVINGS SUFFERED BY ANY PERSON AS A RESULT OF RELIANCE ON A STATEMENT OR OMISSION ON, OR THE USE OF, THIS WEBSITE. NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT TH'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY A PARTY'S OWN NEGLIGENCE;(B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

If any part of these limitations of liability is found to be invalid or unenforceable for any reason or if TH is otherwise found to be liable to you in any manner, then TH's aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10.00 USD).

Hyperlinks

TH may have hyper-links on the Tommy Olapic Gallery to other sites that we think you might find interesting. Such other sites are not under our control and therefore we have not reviewed them and we are not responsible for their content. You click through at your own risk, and TH makes no representation or warranties about the content, completeness or accuracy of the sites hyper-linked to the Tommy Olapic Gallery. A link to the site does not imply TH's endorsement or approval of its content or source.

Governing Law; Exclusive Jurisdiction

These Terms of Use will be governed and interpreted pursuant to the laws of New York, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and TH. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the courts located in New York, New York.

To obtain further information you must contact TH by mail at the following address: Tommy Hilfiger U.S.A., Inc., Attn: Marketing Department (Olapic), 601 West 26th Street, New York, NY 10001, United States.

Miscellaneous

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. TH shall not be in default if the Tommy Olapic Gallery is rendered unusable by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond TH's reasonable control. TH may revise or modify products, product information or pricing without notice. TH is not responsible for typographical errors or inaccuracies and information that may not be complete or current.