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DESTINATION XL USER GENERATED CONTENT OFFICIAL TERMS AND CONDITIONS


Destination XL Group, Inc. (“Destination XL”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Destination XL has requested your permission to use your social media content in this way.

If you choose to allow us to use your social media content (hereinafter, “User Generated Content”) by replying with the hashtag #IAMDXL, you agree to these Terms and Conditions.

Destination XL engages a limited number of service providers to facilitate the collection and transmission to the Destination XL websites (www.DXL.com and others)(the “Site”), social media channels, promotional materials and other properties (“Destination XL Properties”) of User Generated Content including, but not limited to photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by Destination XL in connection with its business, including Destination XL’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Destination XL Services”).

Destination XL reserves the right to alter these Terms and conditions without advance notice by posting a revised Terms and Conditions. Accordingly, you should review the Terms and Conditions each time you grant permission or authorization to feature your User Generated Content.

These Official Terms and Conditions apply to all social media users and their respective social media accounts.

 

USER GENERATED CONTENT LICENSE

You hereby grant to Destination XL and its subsidiaries, related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (each, a “Licensed Party” and collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Generated Content.

You hereby agree and represent and warrant that (1) you are solely responsible for your User Generated Content, (2) you own all rights in and to your User Generated Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Generated Content, (3) you are not a minor, (4) the Licensed Parties’ use of your User Generated Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, (5) you will not seek to hold Destination XL, or any person acting on Destination XL’s behalf, responsible for any demands by a third party related to our use of your Content, and (6) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Generated Content.

The User Generated Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any such information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Destination XL Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Generated Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or the Destination XL Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using the Site or the Destination XL Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any User Generated Content from the Site and the Destination XL Properties. If you believe any content, including User Generated Content, residing on the Site or on the Destination XL Properties or displayed or used in connection with the Destination XL Services infringes any person’s or entity’s copyright rights, please refer to the Destination XL Terms & Conditions: https://www.dxl.com/static/terms

 

CONDITIONS OF AGREEMENT

BY RESPONDING WITH THE HASHTAG #IAMDXL, USERS AGREE TO BE BOUND BY THESE OFFICIAL TERMS AND CONDITIONS. BY ACCEPTING THESE TERMS AND CONDITIONS, THE USER CONSENTS TO THE USE OF HIS/HER NAME, SOBRIQUE, IMAGE, LIKENESS, PHOTOGRAPH, VOICE, AND BIOGRAPHICAL MATERIAL FOR ANY AND ALL ADVERTISING, PUBLICITY AND PROMOTIONAL PURPOSES BY SPONSOR, ITS AGENTS, AFFILIATES AND DESIGNEES, INCLUDING BUT NOT LIMITED TO THE POSTING OF SOCIAL MEDIA USERS NAME OR OTHER ONLINE ANNOUNCEMENTS, IN PERPETUITY, WORLDWIDE, IN ANY MEDIA NOW KNOWN OR HEREINAFTER DEVELOPED, WITHOUT COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW. User(s) agree that the User Generated Content Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including, but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the User Generated Content. User(s) further agrees that in no event shall the User Generated Content Entities be liable for punitive, consequential, incidental, special or indirect damages.

Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any user generated content, proper names, likenesses, and photographs for advertising and promotional purposes, in perpetuity, worldwide, in any and all media now known or hereinafter developed, without additional compensation, except where prohibited by law. ALL USER(s) ACKNOWLEDGE AND AGREE THAT ALL USER GENERATED CONTENT SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS, AFFILIATES, AND DESIGNEES, FOR ANY AND ALL ADVERTISING, MARKETING, AND PROMOTIONAL PURPOSES INCLUDING (BUT NOT LIMITED TO) IN CONNECTION WITH A GIVEAWAY, IN PERPETUITY, WORLDWIDE, IN ANY MEDIA NOW KNOWN OR HEREINAFTER DEVELOPED, WITHOUT COMPENSATION, EXCEPT WHERE PROHIBITED BY LAW.

 

USE OF INFORMATION

By responding with the hashtag #IAMDXL, each user hereby agrees that personal information submitted in connection with the User Generated Content will be subject to Sponsor’s Terms and Conditions, as may be amended or supplemented by Sponsor from time to time, available at https://www.dxl.com/static/ugc_terms (the “Terms and Conditions”) and may be used as permitted pursuant to the Terms and Conditions, and may also be used as determined by Sponsor in connection with the administration of the User Generated Content, and for purposes of providing products, services and information (e.g., marketing messages, advertisements) to the user.

This license is permissive in that Destination XL may use your User Generated Content, but is in no way obliged to do so. We are not required to inform you if we use it, how we use it, or if we stop using it. If Destination XL uses your User Generated Content, we may or may not credit your username on the social media platform on which you posted it.

 

DISPUTES

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, or the rights and obligations of the Sponsor in connection with the User Generated Content, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of law principles (whether of the Commonwealth of Massachusetts, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.

 

SPONSOR

Sponsored by Casual Male Retail Store, LLC and Casual Male Store, LLC, having a common address at 555 Turnpike Street, Canton, MA 02021.

This User Generated Content is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, TIKTOK, Instagram, or any other social media platform. Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use of such third-party trademarks in these Official Terms and Conditions is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the User Generated Content. Any questions, comments or complaints regarding the User Generated Content should be sent to the Sponsor via email to: help@destinationxl.com or at the postal address of the Sponsor and not to Facebook, Twitter, TIKTOK or Instagram.

 

INTELLECTUAL PROPERTY RIGHTS

The Site, Destination XL Services and/or Destination XL Properties are protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Destination XL by authorizing use of your User Generated Content or otherwise using or accessing the Site, the Destination XL Services and/or the Destination XL Properties.

 

MISCELLANEOUS

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Destination XL’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.

You agree that if Destination XL does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Destination XL has the benefit of under any applicable law), this will not be taken to be a formal waiver of Destination XL’s rights and that those rights or remedies will still be available to Destination XL.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

 

©Copyright 2013--2021 Destination XL Group, Inc. All rights reserved. User(s) may copy these Official Terms and Conditions for the sole purpose of personal use and not for any commercial purpose whatsoever.