Updated: October 2016
If you are a “fan,” “follower” of or otherwise voluntarily engage with Abercrombie & Fitch or any of its affiliated brands (including Hollister Co.) (“we” or “A&F”) by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as “Post(s)”) on any A&F page, profile, or feed (collectively referred to herein as “Page”) of any social media platform (“Platform”) (e.g. Facebook, Twitter, Instagram, Pinterest, SnapChat, YouTube, Wanelo, We Heart It, et al.), or making any personal statement through a Post or otherwise in any media/medium which endorses A&F products or services (“Endorsement”), this Policy applies to you. If you do not comply with this Policy at any time, A&F reserves the right to restrict your use of or access as to A&F’s Pages at its sole discretion without prior notice, in addition to any other legal or contractual remedies that may be available. For the purpose of this Policy, anyone who engages in any manner with any A&F Page is a “User”.
If you tag your Post with one of our promoted hashtags (e.g., #AFStyle), you agree to the following:
You consent and grant to A&F the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across A&F’s digital properties (e.g., on A&F’s branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve A&F’s use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for A&F’s use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the A&F’s direct control and does not necessarily reflect the views of A&F. While A&F may curate Posts, A&F does not warrant their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider. Posts may be removed by A&F at any time and for any reason.
The rights to A&F’s information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than A&F. Additionally, certain content displayed and contained within A&F Pages is the original authorship of A&F and is owned exclusively by A&F. By being a User of or Posting on any of A&F’s Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by A&F or a third party, other than as provided herein.
You may request removal of any of your User-Generated Content by sending a removal request email to Privacy_Policy@Abercrombie.com. Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
A&F respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement you may notify our designated copyright agent by mail at Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054 ATTN: INTELLECTUAL PROPERTY DEPARTMENT or at Trademark@Abercrombie.com. Please make sure to include the following information with your notification:
A&F is committed to complying with all laws and regulations requiring clear and accurate advertising messages, Endorsements and testimonials when communicating with the public, including the disclosure of all material connections between an A&F marketing promotion using any Page and a User’s participation in that promotion. This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all A&F employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing A&F products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of A&F, whether they are engaged by A&F directly or through an agency, representative of an agency, subsidiary or franchise (collectively referred to herein as “Endorsers”). This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Platforms in general or any other form of media which may be used to advertise.
Endorsers are responsible for their opinions, comments and content made in Posts and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of A&F or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts. In addition, Endorsers should at all times be aware that Posts may remain public or may be archived so that such Posts may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about A&F and/or its products or services, Endorsers must adhere to the following general standards and disclosure requirements:
Failure to comply with the following Guidelines will cause a Post to be rejected and pulled from A&F’s Pages and may result in immediate disqualification from being a User of A&F’s Pages:
Associates who violate any portion of this Policy will be disciplined, up to and including termination.
A&F reserves the right to change, alter, or modify this Policy at any time without prior notice. If you do not fully agree to this Policy, then do not submit any Posts or Endorsements.