Torrid 2018 Casting

If you applied for the Torrid Model Search last year you are eligible to re-apply this year. Questions with an asterisk (*) are required.

Please make sure you read and understand our RULES.
Got Questions? Click HERE for FAQs!

NAME & CONTACT INFO

Full Name *

Date of Birth *

Phone *

Email *

City *

State *

How did you hear about our casting? *

Torrid Store Friend/Family Email Facebook Instagram Other Social Media Web Search Cornwell Casting Other

Please note that by submitting your application, if you are chosen to be a finalist, you will have the opportunity to review the Torrid Model Search Official Rules again and agree to them prior to us conducting a full background check. *

I agree to a background check if chosen for the selection process.

YOUR DETAILS & SIZES

What is your occupation? *

Age *

Must be 18 or over to apply

Height *

Dress *

Top *

Bottom *

Bra *

Shoe *

Please upload a short (90 secs max) video of yourself. This video helps us to get to know you a little better and is a great way to get a sense of your personality and what Torrid means to you. This does not need to be a professional video, just a simple introduction into who you are and why you kick ass! Please avoid using any logos not associated with the Torrid brand (hats, shirts, etc.), or recording it in your bathroom. If you have issues uploading your video, please make sure you have a proper internet/network connection. *

Acceptable formats: mov, mpeg4, mp4, avi, wmv, mpegps, flv, webm.

If you would like to attend one of our live casting events, please RSVP (select below) so we can interview you. *

Are you currently at one of our live casting events? *

Please attach a headshot of yourself. It does not need to be a professional photo...just one that shows you clearly from the shoulders up. No hats or sunglasses please! Load your best photo! If you're taking a selfie, take it with a plain or white background (such as a bedroom wall) with the light in front of you, such as a window...natural light will always make you look the best! *

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File types allowed: jpg, jpeg, png, gif, tiff, webp (20 MB filesize limit)

Please attach a full length photo of yourself. No hats or sunglasses please!
We suggest taking this photo against a plain or white background (such as a bedroom wall) if you are able to. *

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File types allowed: jpg, jpeg, png, gif, tiff, webp (20 MB filesize limit)

Would you be comfortable posting videos of yourself on your social media for the model search? *

Please list all of your social media handles here (Facebook, Instagram, Twitter, Snapchat, Youtube). *

Do you have an agent and/or manager for modeling? If so, please list their contact info here. *

Have you ever modeled before?

Please check here to sign the Casting Release. Before doing so please click on "read and review" to view the release. We strongly encourage you to look over carefully. Once you submit you will be able to print out a copy for your records.

I agree with the following: Click to read and review

Please check here to sign the Casting Release. Before doing so please click on "read and review" to view the release. We strongly encourage you to look over carefully. Once you submit you will be able to print out a copy for your records.

Casting Release

1. In consideration for my being considered to participate in “The Next Face of Torrid 2018” and all activities related thereto, including the associated contest, (collectively, the “Program”) to be produced by Over Easy Productions, Inc. or its designee (“Producer”) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, I hereby grant Torrid, LLC (“Sponsor”), Producer, and any television distributor, broadcaster, website, platform or other exhibitor of the Program (collectively, “Distributor” – which may be or include Sponsor), each of their respective successors, licensees and assigns, and each of their respective parents, subsidiaries and affiliated entities and sponsors and their respective officers, directors, employees and designees (all of the foregoing collectively, “Releasees”), the following:

(a) The absolute and irrevocable right and permission (but not the obligation) to interview me, audition me, photograph, film, tape and otherwise visually, audio-visually and/or by audio means record me and/or my voice by any method whatsoever in connection with the Program and the advertising and promotion of the Program and the exhibitors thereof.

(b) All rights of every kind and character whatsoever in perpetuity throughout the universe in and to (i) any and all footage, tapes and/or other recordings taped, filmed, photographed, recorded and/or otherwise produced hereunder by Producer and/or Sponsor and in any performances or actions made by me in connection with the Program (the “Producer Filmed Content”), (ii) material supplied by me (whether photographed, recorded, written, spoken, sung, or otherwise uttered or expressed by me) and information given by me and/or captured on any such Producer Filmed Content, and (iii) all of the results, proceeds and derivative works thereof (collectively, [i], [ii] and [iii] shall be referred to as the “Material”). The Material shall be owned by Sponsor, who may, in its discretion, use it for internal casting purposes, for telecast or other exhibition or distribution as part of the Program, to advertise and promote the Program and Sponsor, and for such other uses as Sponsor may determine in Sponsor’s sole discretion. Notwithstanding the foregoing, nothing herein grants Producer or Sponsor ownership in or to, and for clarity I shall retain, all right, title and interest in and to any content which I or a third party (other than the Releasees) may film, tape, photograph and otherwise record of myself or my activities in and in connection with and during my participation in the Program (including, without limitation, photographs, videos or other content that I submit as part of my application to participate in the Program) (the “Self Filmed Material”); provided however, that I hereby grant to Producer and Sponsor a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, create derivative works based on, distribute, display and perform any Self Filmed Material (i) in and in connection with the Program, (ii) to advertise and promote the Program and Sponsor, and (iii) for such other uses as Sponsor may determine in Sponsor’s sole discretion.

(c) The absolute and irrevocable right and permission (but not the obligation) to use my name, voice, likeness, biography and personal attributes (“Likeness”) – including that contained or depicted in any Material and/or Self Filmed Material- in and in connection with the Program and the advertising, promotion, marketing and distribution thereof, and for the Sponsor’s institutional purposes.

(d) The right to edit, dub, subtract from, add to, modify or juxtapose the Material, Self Filmed Material and Likeness in any manner and to combine the Material, Self Filmed Material, Likeness with any other material. I understand, acknowledge and agree that the Releasees shall have no obligation to use any of the Material, Self Filmed Material or Likeness in or in connection with the Program, and are not obligated to actually produce the Program, nor is any Releasee obligated to actually telecast, exhibit or distribute it, even if produced. I grant the rights herein whether or not I am selected to participate as a participant in the Program in any manner whatsoever.

2. I hereby represent and warrant that: (i) I have the right to grant the rights granted hereunder; (ii) I have the right to grant this release; (iii) the consent of no other person, firm, corporation or other entity is required to enable the Releasees to use the Material, Self Filmed Material and Likeness as described herein; (iv) any Releasees’ use of the Material, Self Filmed Material and Likeness hereunder will not violate the rights of any third party; (v) any Releasees shall have the right to use the Material and Self Filmed Material free and clear of any claims for royalties or other compensation; (vi) I am 18 years of age or older and legally able to work and live in the United States from January 1, 2018 through December 31, 2018; (vii) I have answered all questions in the application honestly and accurately and I acknowledge that if any of the foregoing information is found to be false, that this will be grounds for my dismissal from the Program participant selection process and/or from the Program, if selected; and, (viii) neither I nor any of my immediate family members or anyone living in my household is or has been within the past two (2) years employees, officers, directors or agents of any of the following: (a) Producer, Sponsor, Distributor, and/or any of their respective parents, affiliated and subsidiary companies; (b) any person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof; or (c) any person or entity which is providing brand support or association for the Program and/or which supplies services or prizes to the Program. I acknowledge that Sponsor reserves the right to render ineligible any person who Sponsor determines, in its sole discretion, is sufficiently connected with the production, administration, judging, or distribution of the Program such that his, her or its participation in the Program could create the appearance of impropriety. I further represent and warrant that I am not currently a candidate for public office and that I shall not become a candidate for public office until not sooner than 1 year following the initial broadcast of the last episode of the Program, if I am selected as a participant. I understand and acknowledge that, if chosen as the new face of Torrid, I will be required to enter into Torrid’s model agreement; that Sponsor reserves the right to change any of the eligibility requirements at any time; that all decisions by the Sponsor concerning the selection of the participants are final and not subject to challenge or appeal. I shall defend, indemnify and hold harmless Releasees from and against any third party claims, demands, losses, obligations, liabilities, actions, penalties, causes of action, suits, arbitrations, damages, judgments, costs and expenses (including attorneys' fees and legal costs) arising out of or relating to the breach or alleged breach of any of the representations, warranties or agreements made by me in this agreement, or arising out of or relating to any allegation that the Self Filmed Materials infringe, misappropriate or otherwise violate any copyright or other intellectual property right or any right of privacy or publicity.

3. Without the express prior written consent of Sponsor, Producer and Distributor, I shall not at any time, reveal, report, publish or disclose (or authorize or allow any other party to do so) any information or trade secrets obtained or learned by me about the Program whether during the casting process or otherwise, including, without limitation, any information concerning or relating to the concept and/or format of the Program, the production of the Program, the participants and events contained in the Program or the outcome of the Program, and/or any information concerning or relating to the Releasees or their respective business practices (collectively, “Confidential Information”). This confidentiality obligation shall remain in place whether or not I am selected to participate in the Program, and shall continue both during and after my participation in the participant selection process, and, if I am selected as a participant, shall continue during and after my participation in the Program. I further agree that any Confidential Information of which I become aware will only be used for the express and exclusive purposes for which Sponsor, Producer and Distributor have instructed me to use the Confidential Information.

4. I acknowledge that Sponsor, Producer and Distributor (and other Releasees) has/have no obligation to me whatsoever. Without in any way limiting the foregoing, I acknowledge and agree that the Releasees are under no obligation to select me to participate in the participant selection process or in the Program. I further acknowledge that the selection of participants for the Program will include subjective factors to be determined by Sponsor in its sole and absolute discretion. I understand that I will not be paid any money or given any other goods or services for giving Sponsor the rights listed in this Agreement and that the consideration for this agreement is Sponsor’s consideration of me to appear in the Program and the possible exposure of me on digital or other media platforms.

5. I hereby authorize Sponsor, and any person or entity designated by Sponsor, to investigate, access and collect information about me, about any of the statements made in this Application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements that I may make in connection therewith. I further agree to voluntarily submit to and complete a background check, in accordance with applicable laws, and execute all documents required by Sponsor in connection with such background check. I authorize Sponsor to secure information about me from any current or former employers, associates, family members, educational institutions, government agencies, credit reporting agencies, and any references I provide or that are developed in the course of such investigation, and I irrevocably authorize such parties to provide information concerning me to Sponsor. I hereby authorize Sponsor to investigate and obtain copies of my employment records and governmental records, including but not limited to, any motor vehicle records, criminal records, and credit and/or consumer report(s). I acknowledge and agree that any such information obtained by Sponsor pursuant to this paragraph or otherwise may be used for purposes of determining whether I shall be selected for participation in the Program.

6. To the maximum extent permitted by law, I hereby release the Releasees, and each of them, from any and all claims, actions, causes of action, suits, damages, liabilities, losses, costs and expenses of any kind or nature (including, without limitation, attorneys’ fees) arising out of, resulting from, or in connection with the application process for the Program as described herein; any investigation or background check of me (including as authorized by paragraph 5 above); the development, production, editing, exploitation, distribution, exhibition, advertising and/or promotion of the Program or my Likeness or appearance on the Program; the use, reproduction, creation of derivative works based on, distribution, display and/or performance any Material, Self Filmed Material and/or my Likeness on or in connection with the Program; the failure of the Sponsor to select me as a participant, any failure to telecast, distribute or exhibit the Program, or the exercise by Sponsor, Producer or Distributor or anyone else of any rights granted by me under this agreement, on any legal theory whatsoever (including, without limitation, personal injury, property damage, wrongful death, rights of privacy and/or publicity, false light, trespass, intrusion, defamation, intentional or negligent infliction of emotional distress, products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, infringement of copyright, consequential damages, and loss of earnings or potential earnings).

7. I acknowledge that there is a possibility that after the execution of this release, I may discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed and which, if known by me at that time, may have materially affected my decision to execute this release. I acknowledge and agree that by reason of this release, and the release of liability contained in the preceding paragraph, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I have been advised of the existence of Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Notwithstanding Section 1542 of the California Civil Code (or similar laws of any other relevant jurisdiction(s)), this release shall constitute a full release of liability in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release and that without such waiver, Sponsor would not have accepted this release or the application.

8. This agreement shall be deemed to be entered into in Los Angeles County, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements executed and fully carried out within California, excluding its conflict of laws provisions. I understand and agree that, if any controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration conducted in the County of Los Angeles, and administered by the American Arbitration Association, in accordance with its Arbitration Rules and Procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced in the entertainment industry and licensed to practice law in the State of California or a retired California judge; and that any and all disputes, claims, and causes of actions arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action.

9. In the event of a claimed breach of this agreement by Sponsor (or any other party, if any), I acknowledge that any potential damage that I may suffer is not irreparable and that an award of monetary damages would be sufficient relief. Accordingly, I agree that I shall not have the right to terminate or rescind this agreement or to seek or obtain any form of injunctive or equitable relief in connection with the Program or the development, production, distribution or exhibition thereof. I acknowledge that the rights granted hereunder by me are unique; that a breach of this agreement by me would cause Sponsor, Producer and Distributor (and other parties) to suffer irreparable damage; and that Sponsor, its successors, licensees and assigns, shall have the right to injunctive or equitable relief and all other available remedies in the event of a breach hereof by me.

10. Without limiting the foregoing, any provision of this release that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this agreement invalid, illegal or unenforceable in any other jurisdiction. Sponsor may freely assign, in whole or in part, any of its rights or obligations under this agreement. I may not assign nor delegate any of my rights and obligations under this agreement, and any purported assignment shall be null and void. I am not relying on any statements or representations not expressly included herein. This release includes the entire agreement between Sponsor (and/or any Releasees) and me regarding the subject matter hereof and may only be amended or modified by written document signed by Sponsor and me (other than matters with respect to which Sponsor retains the discretion to determine as expressly provided herein). Signatures may be delivered by computer or other electronic means, which shall be valid as original signatures.

Please check here to sign the Casting Release. Before doing so please click on "read and review" to view the release. We strongly encourage you to look over carefully. Once you submit you will be able to print out a copy for your records.

Please check here to confirm you have read and agree to the Terms of Use and Privacy Policy. *

TORRID.COM / CUSTOMER SERVICE / TERMS OF USE Introduction Welcome! You have arrived at a website or mobile Internet site operated by Torrid LLC (“Torrid”, “we,” “our,” or “us”). Each website or mobile Internet site shall be referenced as a “Site” or collectively, the “Sites”, however it is accessed and/or used, whether via personal computers, mobile devices or otherwise. Thank you for visiting one of our Sites. While we hope you enjoy the Sites, it is important that you carefully read these Terms of Use (“Terms”) before using the Sites, as they affect your legal rights and obligations and govern your use of the Sites. These Terms apply to (i) the Sites; and (ii) interactive features or downloads that are owned or controlled by Torrid, are available through the Sites, or that interact with the Sites and post these Terms. These Terms do not apply to any offline activities by Torrid (unless specifically stated). You agree to these Terms by accessing or using the Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES. PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN THE COUNTY OF LOS ANGELES, CALIFORNIA, WAIVE ANY RIGHT TO JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. Please review the Governing Law, Arbitration and No Class Actions section of these Terms for complete details. In some instances, both these Terms and a separate terms of service setting forth additional terms and conditions (such as our Torrid Guest List loyalty program Terms and Conditions) may apply to a service or product offered via the Sites (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. You consent to the collection and use of your data in accordance with our Privacy Policy. 1. 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Without limitation, Torrid owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks, such as the Torrid and Blackheart names and logos, and the Sites’ URLs are the service and trademarks of Torrid. Without Torrid’s prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to Torrid. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Torrid, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites. 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Subject to your strict compliance with these Terms, Torrid grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code) in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any single computer (or other device you use to access the Sites) for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of the Sites’ software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience of the Sites. 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(c) Streaming Video Content. We may, in our discretion, provide to you code (the "Embed Code") allowing you the ability to stream certain digital music and media content (the "Streaming Content") from our Sites to a personal web page or social networking profile page (“Personal Page”) on which you embed such Embed Code. Should we provide such Embed Code, it will be identified as code intended for such purpose, and Torrid grants you a limited, non-exclusive, non-transferable, revocable license to embed such Embed Code solely upon web-sites owned or controlled by you, solely for purposes of streaming digital music and media content provided from the Sites in order to display the Streaming Content. For any Streaming Content that we make available on a Site, we grant you a revocable permission, subject to the restrictions in these Terms, and any applicable Additional Terms, to include the Embed Code as provided by us (without editing) for inclusion only on your Personal Page and only on a site that: (i) permits you to post the Streaming Content there; and (ii) does not have terms of use or other conditions that purport to give that site operator any interest or right in or to our Embed Code or Streaming Content other than to obtain a limited, terminable right to host the Streaming Content and permit its normal operation. You may not frame the Streaming Content nor include any "pre-roll" or "post-roll" video in connection with such Streaming Content. You may not redistribute or assign any right or title in the Embed Code. You may not use the Embed Code for commercial purposes. You agree that you shall not include the Embed Code in such a way to permit the copying, modification, or creation of derivative works of any Streaming Content. You agree not to display the Streaming Content in connection with any material or content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or any content or material that would constitute or encourage a criminal offense, violates the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. Your use of the Streaming Content may display our trademarks contained in the Steaming Content or Materials made available thereby, but we control the use thereof and all goodwill associated with such use enures exclusively to us. As described below, we make no specific warranties about Streaming Content and we may discontinue providing the services necessary for the Streaming Content to operate at any time for any reason without any liability to you. In addition, we may disable Streaming Content that you include on your Personal Page(s) if you violate these Terms (as determined by us in our sole discretion), or for any or no reason, without any liability to you. You agree that our permission to you to use Streaming Content on your Personal Page does not provide you (or any third party) with any intellectual property rights, including copyrights, in or to the Streaming Content or the Materials made available. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in Streaming Content (including any video player) that are designed to prevent users from copying, manipulating or retaining the Streaming Content. (d) Software and Other Items Available For Download. Any items that we make available for download or use from the Sites and/or our servers, including, without limitation, the Digital Media Purchases (the “Downloadable Items”) are the copyrighted work of Torrid or its licensors or suppliers. You may not use the Downloadable Items for commercial purposes. Your use of the Downloadable Items may be governed by Additional Terms, which may be included with the Downloadable Items. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Downloadable Items. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DOWNLOADABLE ITEMS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH DOWNLOADABLE ITEMS. Note that if you install certain applications that may be available via the Sites, you consent to the download of software to your computer and accept these Terms and any Additional Terms related to such application. The Sites may provide updates to the Downloadable Items for feature, security or other enhancements from time to time. You agree to hold Torrid harmless in the event of damage to your device used to access the Sites or data that may result from your use of the Downloadable Items. 6. Information You Submit (a) User Content. The Sites may provide you and others with the opportunity to participate in forums, blogs, message boards, social networking, and other communication (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Torrid or the Sites, including, without limitation, Designs (defined below), photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”). (b) Terms Applicable to User Content. Except as otherwise described in our posted Privacy Policy, or other agreement on the Sites at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Torrid these licenses. Upon Torrid’s request, you will furnish Torrid any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Torrid. (c) License to Torrid for User Content. You grant to Torrid the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that Torrid is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or Torrid, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant Torrid the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to Torrid the right to sub-license and authorize others to exercise any of the rights granted to Torrid under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to Torrid under these Terms. You further authorize Torrid to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. (d) Torrid’s Obligations Regarding User Content. You agree that Torrid has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that Torrid will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and Torrid may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that Torrid reserves the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which Torrid will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our User Forums Rules (defined below) when notice of such violations are directed to Torrid’s attention. Torrid is not in any manner responsible for the User Content. Any opinions, advice, statements, or other information contained in User Content made available on the Sites are those of the respective author(s) or distributor(s) and not of Torrid. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content. You acknowledge that by providing you with the ability to view User Content on the Sites, Torrid is not undertaking any obligation or liability relating to any such User Content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that Torrid is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it. (e) Your Obligations Regarding User Content. You agree that you need to evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As Torrid may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content. 7. User Forums Usage Rules As a user of the Sites, you agree that these User Forums Usage Rules ("Rules") are here to help you understand the conduct that is expected of individuals who participate in User Forums, including any social networking opportunities on the Sites. Your participation in the User Forums is subject to all the Terms, including these Rules. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in our sole discretion, violates these Rules or the Terms, or that we otherwise find objectionable. Please follow these Rules as you upload any User Content: (a) User Content has to be yours. All User Content has to be original, not copied from someone else’s work, and you have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere. (b) No pictures or images of anyone but you, your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know – but only with their express permission to submit it. (c) Please act appropriately. Express yourself with non-offensive individual self-expression. Be respectful of others opinions and comments so we can continue to build User Forums for everyone to enjoy. If you think your User Content might offend someone or be embarrassing to someone chances are it probably will and it doesn’t belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. If you discover content that violates these Terms, you may report such abuse by clicking on the "report abuse" buttons located throughout the Sites. (d) Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet. (e) Does your User Content contain music? Your User Content may not contain any music unless the work and performance is original with you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise. (f) Do not use the User Forums for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone, any organization, any business or for a pyramid or other multi-tiered marketing scheme. (g) Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities. (h) No violence. Your User Content may not promote violence or describe how to perform a violent act. (i) Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. (j) Others are watching. We hope that you will use the User Forums to exchange information and content and have discussions with other members. However, please remember that the User Forums is a public forum and User Content that you post on the User Forums will be accessible and viewable by other users. Do not post personal information (e.g., first and last name, password, phone number, address, e-mail address or other personally identifiable information or contact information). (k) Don't share other people's personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. You may not harvest personally identifiable information about the Sites’ users. (l) Don't damage the Sites or anyone's computers. User Content may not upload viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system. You may not gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers or networks connected to the Sites. We reserve the right to request at any time proof of the permissions referred to above in the sections starting "User Content has to be yours", "No pictures or images of anyone but you and your friends and family" and "Does your User Content contain music?" in a form acceptable to us. Failure to provide such proof may, if requested, lead to the User Content in question being removed from the Sites. 8. User Interactions and Disputes You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities. 9. Copyright Policy (a) DMCA. You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), Torrid has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the Accounts of users who (in our reasonable discretion) are repeat infringers. (b) Procedure. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Torrid's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) 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. Here is the contact information for our DMCA agent: Internet Administrator Internet Department Copyrights 18501 East San Jose Avenue City of Industry, CA 91748 (626) 709-1194 Fax internetadministrator@torrid.com It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. 10. Third Party Links and Content There may be links from the Sites, or communications you receive from the Sites, to third party web sites or our Sites may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Sites. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. TORRID ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT. 11. Linking Policy Torrid grants you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) can not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) can not imply that Torrid or the Sites are endorsing or sponsoring it or its products, unless Torrid has given its prior written consent; (c) can not present false information about, or disparage, tarnish, or otherwise, in Torrid’s sole opinion, harm Torrid or its products or services; (d) can not use any Torrid trademarks without the prior written permission from Torrid; (e) can not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Torrid’s sole opinion); and (f) has to be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Torrid reserves the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above. 12. Disclaimer of Warranties THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TORRID AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “TORRID PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) USER CONTENT; (D) THE DOWNLOADABLE ITEMS AND EMBED CODE; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM TORRID OR VIA THE SITES. IN ADDITION, THE TORRID PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE TORRID PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. THE TORRID PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE TORRID PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TORRID PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES. 13. Limited Liability UNDER NO CIRCUMSTANCES WILL THE TORRID PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) USER CONTENT; (D) THE DOWNLOADABLE ITEMS AND EMBED CODE (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TORRID PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TORRID PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL THE TORRID PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TORRID PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE MATERIALS. WAIVER OF INJUNCTIVE RELIEF. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TORRID’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OTHER WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE TORRID PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE OR OTHER MATERIALS OWNED OR CONTROLLED BY THE TORRID PARTIES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 14. Indemnification You agree to defend (if requested by Torrid), indemnify and hold harmless the Torrid Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Torrid Parties’ use of your information. You will cooperate as fully required by the Torrid Parties in the defense of any claim. Notwithstanding the foregoing, the Torrid Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Torrid Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Torrid Parties. 15. Termination and Modifications (a) Termination. Torrid reserves the right to terminate your access to and use of the Sites, including, without limitation your Account, in its sole discretion, without notice and liability, including, without limitation, if Torrid believes your conduct fails to conform with these Terms. Torrid also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or Torrid. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities. (b) Modifications. Torrid reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that Torrid will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof. (c) What happens upon Termination? Upon termination of your access to the Sites and/or your Account, or upon demand from Torrid, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation. 16. Location of Sites and Territorial Restrictions The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Torrid to any registration requirement within such jurisdiction or country. Torrid controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. 17. Governing Law, Jurisdiction and No Class Actions (a) GOVERNING LAW. THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA , WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. (b) ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY TORRID PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE SITES PROVIDED TO YOU BY TORRID CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. (c) NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS, OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THESE TERMS. 18. Updates to Terms Torrid reserves the right to modify or add to these Terms or any Additional Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page of the Sites, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward. 19. Miscellaneous The failure of Torrid to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Torrid’s rights with respect to such breach or any subsequent breaches. No waiver by Torrid of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Torrid. Torrid may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Torrid’s prior written consent. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be construed against Torrid by virtue of having drafted them. If you have any questions regarding these Terms of Use, please contact our Internet Administrator at: Internet Administrator Internet Department Questions or Comments 18501 East San Jose Avenue City of Industry, CA 91748 (626) 709-1194 Fax internetadministrator@torrid.com TORRID PRIVACY POLICY/YOUR CALIFORNIA PRIVACY RIGHTS INTRODUCTION Welcome! Torrid knows that safeguarding your privacy is important. Please take a moment to read this privacy policy ("Privacy Policy"). This Privacy Policy explains how Torrid collects, uses, shares and protects information and makes certain choices about how your information is used. This Privacy Policy covers both our: (1) "online" (e.g., web and mobile services, including any websites operated by us and mobile applications, however accessed and/or used, whether via personal computers, mobile devices or otherwise; and also widgets, applications, interactive features and/or downloads that are owned or operated by Torrid and available through online Services, or that post a link to this Privacy Policy) and (2) "offline" (e.g., collection of data in our physical retail stores, by telephone, or at in person events) activities owned, operated, provided, or made available by Torrid. Our "online" and "offline" activities are collectively referenced as the "Services." We want you to enjoy your experience on the Services, so it's important for you to understand our practices for information we collect about you from the Services, including the types of information we collect regarding visitors to the Services and how we may use that information. This Privacy Policy explains these practices. Please review this Privacy Policy carefully. In addition, please review the Services' Terms of Use, which governs your use of the Services. BY USING THE SERVICES OR OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THIS PRIVACY POLICY AND EXPRESSLY CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE ANY OF OUR SERVICES OR GIVE US ANY OF YOUR INFORMATION. In addition, please review our Terms of Use applicable to any specific website or other Service. As we update and expand our Services, the Privacy Policy might change so please check it out from time to time. If update this Privacy Policy, the "last updated" line above will be revised. 1. WHAT INFORMATION DO WE COLLECT? 1. INFORMATION YOU PROVIDE TO US We may ask that you provide us, or otherwise give you the opportunity to provide us, with certain categories of information, such as: (1) personally identifiable information (i.e., information that can reasonably be used to identify you personally, or information associated with the foregoing) such as your name, email address, birth date, credit card number, and physical address (any of the foregoing, "Personal Information"); and (2) demographic information, such as gender, zip code, or similar information ("Demographic Information"). We may collect this information through various forms and in various places through the Services, including account registration forms, when you become a member of one of our loyalty programs, if you maintain a "wish list," sweepstakes and contest entry forms, email newsletter sign-ups, or when you submit information, communicate or otherwise interact with us. We do not consider Demographic Information about you to be Personal Information unless it is associated with Personal Information so as to permit identification of you. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy. 2. INFORMATION WE COLLECT VIA TECHNOLOGY In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of now and later developed methods or technologies that automatically or passively collect certain information whenever you visit or interact with the Services ("Usage Information"). This Usage Information may include the browser you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Services and your interaction with them. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer or other devices used to access the Services (any, a "Device"). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. A few of the methods and technologies that may be used to collect Usage Information include the following: Cookies. A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plugin that may be built-in to or downloaded by you to your Device. Cookies and Flash cookies are standard in the industry; you'll find them at most major websites. Cookies and Flash cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly. IP Address. An IP address is a number that's automatically assigned to your computing Device whenever you're surfing the web - your computing Device's unique "signature." Web servers automatically identify your computing Device by its IP address. When you visit our websites, we collect some general information about your computing Device, including its IP address, the operating system it uses (for example, Windows XP), the browser software it uses (for example, Microsoft Internet Explorer), and your Internet service provider (for example, AT&T). This information helps us better understand the people who visit our Services. Torrid collects this general information to identify the most popular areas on our Services and to provide aggregate information to our advertisers to let them know about the number of people who have seen and clicked on. Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our web and mobile pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed. Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter. 3. INFORMATION FROM OTHER SOURCES We may from time to time supplement the information we collect about you online with information from other sources, such as information validating your address or information you provided to us through one of our retail stores, including, without limitation, in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. Thus, information we obtain may be intermingled with and used in conjunction with information obtained through other sources, including both offline and online sources. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have stated otherwise. You may also choose to participate in a third party application (such as one of our Facebook applications or a similar application on a third party web site) through which you allow us to collect (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application, in which case we will no longer collect information about you through the application, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "friends" or information about you is otherwise accessible through your friend's web page, profile page, or similar page on a social networking or other third party web site or interactive service. 4. INFORMATION YOU PROVIDE ABOUT A THIRD PARTY If you send someone else a communication from or through the Services, such as sending an article to a friend or information about Products, we use the information you provide (typically, names and email addresses) to facilitate the communication and we do not use it for any other marketing purpose, unless we obtain consent from that person. 5. INFORMATION COLLECTED BY MOBILE APPLICATIONS Certain aspects of the Services may be provided through an application on your mobile, tablet computer or similar device ("Mobile Application"). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to any such Mobile Applications. If we implement one or more Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device ("Mobile Device Information"), including without limitation: 1. Your preferred language and country site (if applicable) 2. Your phone number or other unique device identifier assigned to your mobile device 3. The mobile device manufacturer and model of your mobile device 4. The IP address of your mobile device 5. Your mobile operating system 6. The type of mobile Internet browsers you are using 7. Information about how you interact with the Mobile Application and any of our websites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application 8. Information to allow us to personalize the services and content available through the Mobile Application 9. Your geolocation We may use information automatically collected by the Mobile Application (including the Mobile Device Information) in the following ways: 10. To operate and improve our Mobile Applications, other Services, our company's services, and tools; 11. To create aggregated and anonymized information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses; 12. To prevent, discover and investigate violations of this Privacy Policy or any applicable terms of service or terms of use for the Mobile Application; 13. To customize the content or services on the Mobile Application for you, or the communications sent to you through the Mobile Application (if any) We may associate your unique Device Identifier or Mobile Application usage information with any Personal Information you provide. For purposes of your use of any of our Mobile Applications and the services offered through any Mobile Application, the Mobile Application may also collect certain information about you (including Personal Information) that you knowingly supply to the Mobile Application such as the following: 14. Your user name and any password required by the Mobile Application 15. Age 16. Gender 17. Mailing or other address 18. Zip code 19. Telephone number 20. Email address 21. Photos uploaded by you Registration may be required and Personal Information may also be collected if there is content from the Mobile Application that you specifically and knowingly upload to an online community, website or to the public, e.g. uploaded photos, posted reviews. This uploaded content will also be subject to the privacy policy of the platform to which you upload the content. HOW DO WE USE THE INFORMATION COLLECTED? Torrid may use your Personal Information, Demographic Information or Usage Information: (1) to provide you with products, information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Services' features such as online entry sweepstakes, message boards and other communication features, user-generated content functions, and interactive features; (3) to process your registration with the Services (including any loyalty programs offered or accessible through the Services), including verifying your email address is active and valid; (4) to improve the Services, to customize your experience on the Services, or to serve you specific content that is most relevant to you; (5) to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services' policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy. Further, we may use third party analytics and other service providers to evaluate and provide us with information about the use of the Services and viewing of our content. These third parties may set and access their own tracking technologies and methods such as cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including Usage Information. When using the Services, certain third parties may collect Personal Information about your online activities over time and across different websites. This Privacy Policy does not govern such third party tracking technologies but does govern our collection and use of your Usage Information we receive in connection therewith. Please note that when you submit information to the Services via a "contact us" or other similar function, you may not always receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise. HOW AND WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES? Torrid may share Usage Information and Demographic Information with third parties for their use. In addition, Torrid may share Personal information we have collected about you as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. FOR THIRD-PARTY MARKETING PURPOSES. Torrid may disclose your Personal Information to advertisers, marketers, sponsors, business partners and other third parties for their use (including for them to directly market to you). If you do not want us to share with third parties your Personal Information for those third parties' direct marketing purposes, you can let us know by contacting us, by email or by letter, using the contact information set forth in section 14 below. Please include "Third-Party Marketing Opt-Out" in the subject line of your email or letter. Or, use our online opt-out form. THIRD PARTIES PROVIDING SERVICES ON OUR BEHALF We may use third party vendors to perform certain services on behalf of the Services, such as hosting the Services, designing and/or operating the Services' features, tracking Service analytics, enabling you to purchase products and enabling Torrid to send you email newsletters or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for Torrid. We do not authorize these vendors to user or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements. CO-BRANDED AREAS . Certain areas of the Services may be provided to you in association with third parties ("Co-Branded Areas") and may require you to disclose Personal Information in order to register for and access products. Such Co-Branded Areas will identify the third party associates. If you elect to register for products and/or services at Co-Branded Areas you may be providing your information to both Torrid and the third party associates. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Services, your Personal Information may be disclosed to the identified third party associates for that Co-Branded Area and will be subject to the posted privacy policies of the relevant third party associates. SWEEPSTAKES, CONTESTS AND PROMOTIONS . We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Services that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions and official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list. ADMINISTRATIVE AND LEGAL REASONS . We may transfer and disclose your information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the Services' Terms of Use or other policies applicable to the Services; (iv) to protect the personal safety, rights, property or security of any individual; or (v) to prevent financial loss or in connection with an investigation of suspected or actual fraudulent or illegal activity. We may also use IP address or other Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you. BUSINESS TRANSFER . Torrid may share Personal Information with its parent and its and their subsidiaries and affiliates. Torrid also reserves the right to disclose and transfer all information related to the Services, including, without limitation, your Personal Information, Demographic Information and Usage Information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, change of control, consolidation, restructuring, the sale of substantially all of Torrid's assets or other corporate change, including, without limitation, during the course of any due diligence process. YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION AND CHANGING YOUR INFORMATION When you receive promotional emails from us, you may indicate a preference to stop receiving such communications from us and you will have the opportunity to "opt-out" by following the instructions in the applicable email. When you receive promotional text messages from us, you have the opportunity to "opt-out" by texting "STOP" to the number set forth in the Torrid Terms of Use or in your sign-up materials, or by following any unsubscribe instructions in the applicable text message. If we contact you by telephone for promotional purposes, you may notify us at that time if you do not wish to receive further promotional telephone communications. Note that if you've provided multiple forms of contact information at different times, you may have to opt out for each set of contact information that you have added to your account. If you don't want to reply to an e-mail or text message you receive, or want a simpler way to opt out of receiving e-mails or text messages from us, you can just tell us what you want by contacting: Internet Administrator Internet Department Opt-Outs 18501 East San Jose Avenue City of Industry, CA 91748 (626) 709-1194 Fax Click here to opt-out of emails. internetadministrator@torrid.com We may contact you for service-related purposes (such as, but not limited to, notice that we have changed the Services or the Privacy Policy) when we believe it necessary or advisable to do so. You may not opt out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option to terminate your account. You understand that any such termination of your account may involve deletion of your Personal Information from our live databases. Torrid will not have any liability to you for any termination of your account or related deletion of your information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration.The Services may allow you to review, correct, change or update certain of the Personal Information in your account by logging in to your account and editing it, provided that it remains accurate, complete, and up to date. Torrid will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may request that we delete or destroy your Personal Information. We will make good faith efforts to delete or destroy any Personal Information that we have collected about you, solely to the extent permitted by law. When we delete electronic information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives. WHAT IS ONLINE BEHAVIORAL ADVERTISING AND HOW CAN YOU OPT-OUT? We may work with third-party advertising companies who may utilize cookies and web beacons, and data collected on our online Services, to customize advertisements to you on our online Services, as well as on other websites or Mobile Applications in their networks beyond our online Services. Among other things, these customized advertisements may advertise our products and services on websites or Mobile Applications not affiliated with us. Some of these ads are online behavioral advertising – which serve advertisements that are more likely to be of interest to you using non-personal behavioral information. Such ads may contain cookies that allow monitoring of websites and Mobile Applications (including our own online Services) and your response to our advertisements. Cookies or web beacons placed by these companies do not collect Personal Information, and the third-party advertising companies do not have access to or use your name, address, e-mail address, telephone number or other Personal Information; they may however, anonymously track your usage across our online Services and other websites or Mobile Applications in their networks. We limit companies that place our ads from using information for any purpose other than to assist us in our advertising efforts. For more information about these third-party advertising companies' privacy policies, visit the Network Advertising Initiative's website at www.networkadvertising.org. If you prefer to not receive targeted advertising, you can opt-out of network advertising programs that use your information. To do so, please visit: the Network Advertising Initiative's opt-out page. Please note that if you opt out, you will still see advertisements while you are browsing online. However, the advertisements you see will not be based on your preferences or behavior, and thus may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies. In order for behavioral advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt out, as online behavioral advertising technology does not work when scripting is disabled. Please check your browser's security settings to validate whether scripting is active or disabled. "Do Not Track" Functionality. Our Services do not recognize Do Not Track signals from browsers. However, many third-party services that collect this type of information permit you to opt out through a separate system. To learn more about this behavioral advertising practice or to opt-out of this type of advertising from participating third-party providers, as mentioned above, you can visit the Network Advertising Initiative's website at http://www.networkadvertising.org/ INFORMATION YOU DISCLOSE PUBLICLY USER GENERATED CONTENT, SOCIAL NETWORKING AND PUBLIC INFORMATION. The Services may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, communications, or other content, including Personal Information (collectively, "User Generated Content"). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking or other online activities through the Services, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content or social networking and other online activities. Please note that Torrid does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Notwithstanding anything to the contrary herein, this Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the Services. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Services. NAME AND LIKENESS . We may also publish your name, voice, likeness and other Personal Information that is part of your User Generated Content, and Torrid may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content you submit to the Services, please review our Terms of Use. PERSONS UNDER 13 Our Services are not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13 years of age. If you are under 13 years of age, do not provide Personal Information to Torrid. If we discover that a child under the age of 13 has provided us with Personal Information and we do not have parental consent, we promptly delete that child's information from the Services. If you believe that Torrid has been provided with the Personal Information of a child under the age of 13 without parental consent, please notify us immediately using the contact information in section 14 below. SECURITY We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Services and provide us with your information at your risk. LINKS TO OTHER SITES The Services may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web or mobile pages from any online Services are served to your browser. In addition, when you use the Services, you could be directed to other sites that are beyond our control. For example, if you "click" on a banner advertisement, or a link, the "click" takes your browser off the Services. We have no control over, do not review and are not responsible for the privacy policies of such other websites or other locations. These other sites and locations may send their own cookies or other tracking technologies to users, collect user data, or solicit Personal Information. In addition, we may contract with third parties to provide services such as online order selection and fulfillment services for the products available through our Services. You acknowledge and agree that you may be leaving our Services to select products and place your product order. Such third parties' websites or mobile applications are subject to such third parties' policies, and when you are on those websites or mobile applications, those third parties' privacy policy and not this Privacy Policy govern the collection of information from you. SOCIAL MEDIA FEATURES AND WIDGETS. Some of our websites and Mobile Applications may include social media plug-ins and features (such as the Facebook Like button) and widgets ( such as the "Share This" button) or interactive mini-programs that run on our web sites or Mobile Applications. In addition, some of our websites and Mobile Applications may also permit or require you to register or log into your account via a social networking platform such as Login with Facebook. These social media features and plug-ins may share with us your username and password for the social media services and other information available about you or collected from you on these social media services, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the company providing them. In addition, the companies providing these features and plug-ins may be able to collect information about you, including your IP address, your activity on our websites and Mobile Applications, and they may notify your connections on the social networking platform about your use of our websites and Mobile Applications. These social media services may also set a cookie to enable a feature to function properly, and employ unique identifiers which allow your activity to be monitored across multiple web sites and Mobile Applications for purposes of delivering more targeted advertising to you. Social media features and widgets are hosted by either a third-party or hosted directly on our websites or Mobile Applications. Your interactions with these plugs-in and features are governed by the privacy policy of the company providing them. TRANSFER OF INFORMATION TO THE UNITED STATES The Services are operated in the United States and intended for users located in the United States and Canada. If you are located in Canada or anywhere else outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States. CHANGES IN THIS PRIVACY POLICY Torrid reserves the right to change this Privacy Policy at any time. You agree that we may notify you of the updated Privacy Policy by posting it on our websites or Mobile Applications so that it is accessible via a link on the home page of the websites or via a link or tab on the Mobile Applications, and your use of the Services after we have posted the updated Privacy Policy (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Privacy Policy. Therefore, you should review this Privacy Policy from time to time, and before using any of our Services. The updated Privacy Policy will be effective upon reasonable notice after posting, or such later date as may be specified in the updated Privacy Policy. YOUR CALIFORNIA PRIVACY RIGHTS California's "Shine the Light" law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We comply with this law in both ways. You may request the following information, which will be provided to you via either a writing or e-mail free or charge: (1) a list of the categories of personal information disclosed by us for the third parties' direct marketing purposes during the immediately preceding calendar year; and (2) the name and addresses of all third parties that received personal information from us for the third parties' direct marketing purposes during the preceding calendar year and if, the nature of the third parties' business cannot reasonably be determined from the third parties' name, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties' business. Requests for this information should be sent to the contact information set forth in section 14 below. Furthermore, as discussed above in section 3(a), if you wish to opt-out of having your Personal Information and Subscriber Publication Information shared with third parties for the third parties' direct marketing purposes, please contact us, by email or letter, using the contact information set forth in section 14 below. CONTACT US To opt-out of having your Personal Information and Information shared for third-party marketing purposes (section 3)(a)), to correct or update Personal Information (section 4), to request information under California's Shine the Light law (section 13) or if you have any questions about this Privacy Policy or our data practices, you may contact us in the following ways Torrid's mailing address is 18501 East San Jose Avenue, City of Industry, CA, 91748, our customer service telephone number is 800.892.8674, and our customer service email address for questions about this Privacy Policy is privacy@torrid,com. If you are opting out of having your Personal Information shared with third parties for their direct marketing purposes, please include "Third-Party Marketing Opt-Out" in the subject line of your email or letter. Or, use our online opt-out form.

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