#YesHilfiger TERMS AND CONDITIONS
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).
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 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.
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.
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.
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.
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: firstname.lastname@example.org
DMCA Designated Agent
Attn: Legal Department
Tommy Hilfiger U.S.A., Inc.
601 West 26th Street
New York, NY 10001
DMCA Designated Agent
Attn: Legal Department
Tommy Hilfiger U.S.A., Inc.
601 West 26th Street
New York, NY 10001
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
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).
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
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.