Responsibility

User Generated Content Use Agreement

Effective Date: March 2023 

INTRODUCTION

If you’ve captured a great photo or video containing one of our products or services, or if
you’ve #/@ mentioning one of our brands, we may send you a message asking if we can share
your content with others. If you reply or in-caption #YES to one of our brands (#YesToJAB,
#YesToMO, #YesToKG, or #YesToMW), you are consenting to the following:

AGREEMENT  

We, Tailored Brands Inc., are the parent Company of popular clothing brands including The
Men’s Wearhouse, Jos. A. Bank, Moores, and K&G Fashion Superstore.

This User Generated Content Use Agreement (this “Agreement”) is entered into by and between
the individual (the “User”) who uploads or otherwise submits, through social media tags or
otherwise, words, images, video, or any other content (the “Content”) and Tailored Brands and
each of its brands, subsidiaries, affiliates, third-party service providers, and its retail partners
(collectively, “Tailored Brands,” “we,” “our,” or “us”).

By providing Content to Tailored Brands, the User understands and agrees that, on their own
behalf and on behalf of each person named, described, or depicted in the Content, the User
licenses Tailored Brands to make any commercial or other use of the User’s Identity, and the
Identity of each person named, described, or depicted in the Content, in any medium (where
“Identity” means, at least, each person’s name, likeness, or other identifiable characteristics)
however submitted in or with the Content. Tailored Brands may use, display, reproduce,
distribute, transmit, create derivative works from, combine with other materials, alter and/or
edit the Content in any manner in their sole discretion, with no obligation to you whatsoever
and Tailored Brands becomes the owner of the copyright of any additions, edits, or
improvements made to the altered Content. As part of this license, the User waives, on behalf of
each person whose Identity is in anyway used in the Content, any right to inspect or approve
the manner in which the Content is used and all claims for compensation or damages arising
from Tailored Brands’ use of any Identity in the Content. Further, this license is worldwide,
perpetual, irrevocable, royalty-free, fully paid, non-exclusive, and a transferable right to use
the Content in any manner to be determined in the Tailored Brands’ sole discretion, including
but not limited to on its webpages, social media pages operated by the Tailored Brands,
promotional emails and advertisements, and in other marketing, promotional and advertising
initiatives, in any media now or hereafter known.

The User agrees to and confirms each of the following: the User is legally capable of entering
into this Agreement; the User has all necessary legal authority to enter into this Agreement,
including, without limitation, the appropriate authority to grant the above license to Tailored
Brands on behalf of each person whose Identity is used in the Content; the User owns all rights
in and to the Content, or, if the Content is subject to third party proprietary rights, including,
for example, material protected by copyright, trademark, patent or trade secret law or other
proprietary rights laws, the User has all necessary licenses, rights, consents, and permissions
to publish the Content submitted and to grant the rights granted herein; that each adult in the
Content expressly agreed to permit Tailored Brands to make any commercial use of his or her
Identity in any medium and authorized the User to enter into this agreement on his or her
behalf; for each minor or other person lacking the capacity to enter a legal contract who is
depicted in the Content, a parent or other legal guardian expressly agreed to permit Tailored
Brands to make any commercial use of that minor or other person’s Identity in any medium
and authorized the User to enter into this agreement on his or her behalf; and that the Content
is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing,
hateful, or offensive and Tailored Brands’ use of the Content as described herein will not violate
any other law.

You, the User, hereby release, discharge, and agree to hold Tailored Brands, and any person
acting on our behalf, harmless from any liability related in any way to our use of the Content.
Further, where allowed by law, you agree to defend us against any claim, demand, suit, or
proceeding (the “Claim”) made or brought against us by a third party alleging that the Content
infringes or misappropriates any third party’s intellectual property rights or violates any other
law, and to indemnify us from any damages, attorney’s fees, or associated costs awarded
against us as a result of any Claim against us, provided that we (a) promptly give you written
notice of the Claim against us, (b) give you sole control of the defense and settlement of the
Claim, and (c) give you all reasonable assistance, at your expense.

Concerning the protection of the Content you provide and your online activities, the Tailored Brands Privacy Policy applies.

The User understands that Tailored Brands may decline to publish the Content or may remove
the Content from publication at any time, for any reason, and at its sole discretion. If you wish
to revoke your consent for the future use of the Content, you are required to contact us.

COPYRIGHT POLICY

If you believe that your work has been copied in a way that constitutes copyright infringement,

you may provide us with written notification of your claim in accordance with the
requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) summarized
below.

If you believe that any Content infringes a copyright, please send a written notification of copyright infringement by regular mail (not e-mail) to the following “Designated Agent” for purposes of receiving notice under the DMCA: 

Tailored Brands
Attn: Legal
6380 Rogerdale Rd
Houston, Texas 77072

To be effective, the written notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of
    an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information
    reasonably sufficient to permit Tailored Brands to locate the material, including
    identification of the alleged infringing brand (Men’s Wearhouse, Jos. A. Bank, Moores,
    or K&G Fashion Superstore);
  • Information reasonably sufficient to permit Tailored Brands to contact the complaining
    party, such as an address, telephone number and if available an electronic mail address
    at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in
    the manner complained of is not authorized by the copyright owner, its agent, or the
    law; and
  • 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.

Once proper infringement notification is received by the Designated Agent, it is Tailored
Brands’ policy to: (a) remove or disable access to the infringing material; (b) notify the
provider of the material or user that it has removed or disabled access to such material; and (c)
terminate repeat infringers’ access to submit Content.

A person who receives a notification of alleged copyright infringement, and believes that the
claim is erroneous, may submit a counter notification to Tailored Brands’ Designated Agent
within thirty (30) days of the date the material was removed from the site. To be effective, a
counter notification must be a written communication that includes substantially the
following:

  • A physical or electronic signature of the person submitting the counter notification;
  • Identification of the material that has been removed or to which access has been
    disabled and the location at which the material appeared before it was removed or
    access to it was disabled;
  • A statement under penalty of perjury that the person submitting the counter notification
    has a good faith belief that the material was removed or disabled as a result of mistake
    or misidentification of the material to be removed or disabled; and
  • The name, address and telephone number of the person submitting the counter
    notification and a statement that such person consents to the jurisdiction of the Federal
    District Court for the judicial district in which the address is located, or if such person’s
    address is outside of the United States, for any judicial district in which Tailored Brands
    may be found, and that such person shall accept service of process from the person who
    provided the infringement notification or from their agent

Upon receipt of a counter notification, containing the information as outlined above, Tailored
Brands shall promptly provide the complaining party with a copy of such counter notification
and shall inform the complaining party that it will replace the removed material or cease
disabling access to it. Tailored Brands shall replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business days following receipt of the
counter notification, provided Tailored Brands’ Designated Agent has not received notice from
the complaining party that an action has been filed seeking a court order to restrain the alleged
infringer from engaging in infringing activity.