Social Media Terms of Use

for #YESTOWARNERS

[LAST UPDATED JUNE 4, 2020]

By responding #YesToWarners, you agree to the following Terms of Use:

1. You grant PVH Corp., and its affiliates, assigns, and licensees (“PVH”) a non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform publicly, and publicly display your Instagram comment(s) and/or your Instagram photograph(s) that you have tagged with the hashtag #warnersbras and/or in relation to which you have responded #YesToWarners (the “Content”), in any form, media, or technology now known or hereafter developed, including but not limited to Internet (such as social media channels, blogs, PVH related websites), press releases, editorial print and online, newsletters, in-store/point of sale materials. You also hereby grant PVH the right to use your name and likeness solely as necessary to exercise the foregoing license rights.

2. You acknowledge and agree that our use of your Content is entirely at our discretion and we may cease use of it at any time.

3. You hereby represent and warrant that (i) you own all rights in and to your Content and have all necessary rights and authority to grant the rights granted herein, (ii) the Content does not infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or violate any applicable law or regulation; and (iii) PVH’s use of your Content will not infringe any third party’s right or any law.

4. You hereby release, discharge, and agree to indemnify and hold harmless PVH and its officers, directors, and employees, from all actions, claims, damages, liabilities, costs and expenses arising out of PVH’s use of the Content.

5. By permitting us to use your Content, you consent to us processing any personal data contained within it as well as your social media handle. You can withdraw this consent at any time by contacting us via direct message on Instagram. Please visit the Privacy Policy to understand more about how we will process your personal information.

6. If you delete your #YesToWarners approval post or your Content from Instagram, your agreement to these Terms of Use is still applicable.

7. These Terms of Use will be governed and interpreted pursuant to the laws of the State 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 us.