USER-GENERATED CONTENT TERMS AND CONDITIONS. Updated October 2016

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1 USER-GENERATED CONTENT TERMS AND CONDITIONS Updated October 2016 The Wet Seal, LLC, together with its affiliates, successors, licensees and assignees (collectively, Wet Seal, we, us, or our ) owns and/or operates various websites and other online forums including, but not limited to, message boards, blogs, comment boards, social networks, and social media sites, pages, accounts and platforms, whether part of a sponsored site, managed through a third party vendor or hosted by a third party that permit you and others to submit, publish, post, share and use content (collectively, User-Generated Websites ). By registering, accessing and participating in the User-Generated Websites, and by uploading, posting and/or contributing text, images, photos, audio, video, location data, and all other forms of data or communication ( User-Generated Content ) on the User-Generated Websites, you accept and agree to the following User-Generated Content Terms and Conditions. As a user of the User- Generated Websites ( User ) you further accept and agree to be bound by the General Terms of Use for the Wet Seal Websites which are fully incorporated herein by reference. We may change these User-Generated Content Terms and Conditions or the General Terms of Use for the Wet Seal Websites from time to time without notice to you. Your continued use of the User- Generated Websites will be deemed acceptance of the updated or amended terms. General Rules User-Generated Content must not include: references to products, trademarks, logos, stores or websites of companies other than Wet Seal; content containing any advertising or promoting any goods or services other than those of Wet Seal; content that would infringe or violate anyone else s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, unless you have the owner s express permission; another person s name, photograph, image, likeness or appearance, unless you have that person s express permission; content constituting, or that could be construed to constitute, impersonation of any person or a misrepresentation of your identity or affiliation with any person; material for which you were compensated or provided any consideration (including payment in-kind) by any third party; personal contact information for yourself or others; corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another s computer; the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming ; content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, false, misleading or otherwise objectionable to Wet Seal, as determined by Wet Seal in its sole and exclusive discretion;

2 content which is likely to harass, upset, embarrass, alarm or annoy any other person; content that promotes discrimination based on sex, gender, race, color, age, national origin, ancestry, religion, creed, physical or mental disability, marital status, sexual orientation or gender identity or expression; content encouraging conduct that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms/weapons; content in a foreign language; content that could give rise to civil liability or otherwise violate any law; and content encouraging conduct that is unsafe or dangerous or with any political agenda or message. Use of User-Generated Websites by Minors Use of the User-Generated Websites by anyone under the age of 18 is subject to the consent of the minor s parent or guardian. Users under the age of 18 must have a parent or guardian s permission to access, use or post User-Generated Content on the User-Generated Websites. Wet Seal advises parents and guardians to communicate the importance of online safety to minors who use the User-Generated Websites. Minor Users of the User-Generated Websites should be made aware of the potential risks to them and their obligation to comply with these User-Generated Content Terms and Conditions when using the User-Generated Websites. Wet Seal will do its best to assess any possible risks to minors from third parties when they use the User-Generated Websites, and will decide in each case whether it is appropriate to use moderation of the relevant service (including the amount, type and kind of moderation to use) in light of those risks. Wet Seal Monitoring of User-Generated Content We do not prescreen User-Generated Content. However, all User-Generated Content submitted may be subject to a review and approval process and therefore may not be posted to the User-Generated Websites immediately. We reserve the right, but not the responsibility, to refuse to post or to remove any User-Generated Content that does not comply with requirements above. Any such refusals are made in our sole discretion and we shall have no obligation to inform you if your submission was refused. Moreover, as the User-Generated Content is not prescreened, Wet Seal does not guarantee that the User-Generated Websites will be free from User-Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. You acknowledge and agree that Wet Seal does not have any obligation to review User- Generated Content, that Wet Seal is not in any manner responsible for User-Generated Content, that Wet Seal does not guarantee the accuracy, integrity or quality of User-Generated Content, and that Wet Seal cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User-Generated Content will not appear on the User-Generated Websites. You also acknowledge that by providing Users with the ability to access, view and/or post User Generated Content on the Websites, Wet Seal is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User-Generated Content or activities of Users on the User-Generated Websites. Wet Seal may, in appropriate circumstances and in its sole discretion, edit or remove any User-Generated Content, terminate the accounts of Users who may be violating these User-Generated Content Terms and Conditions or otherwise prohibit such Users from accessing the User-Generated Websites.

3 Our Right to Use User-Generated Content and Ownership User-Generated Content is not confidential or proprietary. Users grant to Wet Seal, its agents, representatives and others working for or on its behalf, and their respective licensees, affiliates, successors, and assigns, for good and valuable consideration, the sufficiency of which is acknowledged by you, a perpetual, royalty-free, worldwide, unrestricted, transferable, exclusive, irrevocable and unlimited license, right and permission to utilize User-Generated Content you submit, and to use, distribute, publish, exhibit, digitize, broadcast, display, disclose, remove, reproduce, prepare derivative works from, and otherwise exploit User-Generated Content, your likeness, and any material in User-Generated Content or derived from it, in any manner or media whatsoever (whether now known or hereafter devised) anywhere in the world in perpetuity, including, if Wet Seal elects in its sole discretion, posting, reposting or sharing User- Generated Content on the User-Generated Websites, including our Facebook page or Instagram account, or any other social media page or platform. The preceding sentence includes, without limitation, any User-Generated Content posted or uploaded to your social media accounts that you have tagged with #wetseal, #wetseal4me, or other Wet Seal brand hashtags as more fully explained in the General Terms of Use for the Wet Seal Websites. You irrevocably waive, and cause to be waived, against Wet Seal and its Users, any claims and assertions of moral rights or attribution with respect to your User-Generated Content. All uses granted are for the purpose of advertising or trade and promoting and publicizing Wet Seal and its products and services without any payment to or further authorization from you. The granting of the foregoing rights does not create any obligation on our part to post the User-Generated Content on the User-Generated Websites or otherwise use the User-Generated Content. Under the license granted, we are free to use any ideas or concepts contained in the User-Generated Content without further attribution, compensation or notice to you. For clarity, we do not claim ownership of your User-Generated Content, but we receive the above grants of rights from you for use of the User-Generated Content. You agree that if User-Generated Content is posted, you will have no right of approval before or right to deletion after the User-Generated Content is posted on the User-Generated Websites or social media pages or accounts and that you and your heirs and assignees will have no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, video, picture, likeness, and voice. You understand that if we elect to post, repost or share your User-Generated Content on the User-Generated Websites or social media pages or accounts, you will not receive any compensation, prize or remuneration of any kind and your submission will be accessed and viewed by others, including by the general public. You are solely responsible for your User- Generated Content and the consequences of your User-Generated Content being posted on the User-Generated Websites. Any personal information supplied to Wet Seal as part of your interaction with or use of the User-Generated Websites will be collected, stored and used in accordance with our Privacy Policy. Nothing herein shall be deemed to create an agency, partnership, joint venture, employeeemployer or franchise-franchisee relationship of any kind between Wet Seal and you or any other person or entity. Links from the User-Generated Websites Where the User-Generated Websites contain links to other sites and resources provided by third parties, these links are provided for information purposes only. If you use or click on these links,

4 you will leave the User-Generated Websites. Wet Seal has no control over the contents of those third party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Links to third party sites and resources do not constitute or imply an endorsement, sponsorship or recommendation by Wet Seal of the third party, the third party site or the information contained therein. Advertising Wet Seal and its licensees may publicly display advertisements and other information adjacent to or included with your User-Generated Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice. Intellectual Property Rights You are responsible for ensuring that any User-Generated Content that you post does not and will not violate any third party rights. You warrant and represent that you own or control all rights in any User-Generated Content that you post to the User-Generated Websites. You fully release Wet Seal from any and all claims relating to the use of the User-Generated Content including, but not limited to, any claim for copyright infringement, trademark infringement, misappropriation of trade secrets, invasion of privacy, violation of publicity rights or defamation. You agree not to take any legal action against Wet Seal, or any entity acting on its behalf, in connection with the use of your name, image, or likeness. Warranty Disclaimer Wet Seal is not responsible or liable for any User-Generated Content or other content posted on the User-Generated Websites or for any offensive, unlawful or objectionable content you may encounter on or through the User-Generated Websites. The User-Generated Content and materials and products on the User-Generated Websites are provided as-is without warranties of any kind, express or implied. To the fullest extent permitted by law, Wet Seal disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Wet Seal does not guarantee and does not promise any specific results from use of the User-Generated Websites. Wet Seal does not represent or warrant that the User-Generated Websites will be uninterrupted or error-free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, Wet Seal does not make any warranties or representations regarding the use of the materials or User-Generated Content in the User-Generated Websites in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain User-Generated Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access the User-Generated Websites, loss of data or other harm of any kind that may result. Wet Seal reserves the right to change any and all User-Generated Content and other items used or contained in the User-Generated Websites at any time without notice. The disclaimer of warranty provisions of this paragraph do not apply to New Jersey residents. In addition, some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Indemnity You agree to indemnify, defend and hold harmless Wet Seal, its affiliates, officers, directors, members, managers, employees, agents, successors and assignees, from and against any and

5 all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys fees) arising from or related to: (a) your violation or breach of these User-Generated Content Terms and Conditions; or (b) your violation of any third-party right, including, without limitation, any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of the User-Generated Websites. This provision does not apply to New Jersey residents. Limitation of Liability WET SEAL SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE USER-GENERATED WEBSITES OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE USER-GENERATED WEBSITES OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER-GENERATED CONTENT, EVEN IF WET SEAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE USER-GENERATED WEBSITES. YOUR ONLY REMEDY AGAINST WET SEAL FOR USE OF THE USER-GENERATED WEBSITES OR ANY USER-GENERATED CONTENT IS TO STOP USING THE USER-GENERATED WEBSITES. ACCORDINGLY, IF WET SEAL IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE USER-GENERATED WEBSITES OR ANY USER-GENERATED CONTENT, WET SEAL S LIABILITY SHALL NOT EXCEED US $ THE PROVISIONS OF THIS PARAGRAPH DO NOT APPLY TO NEW JERSEY RESIDENTS. IN ADDITION, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Copyright Infringement If your work has been copied and posted on the User-Generated Websites in a way that constitutes copyright infringement, please notify our copyright agent in accordance with the provisions set forth below. Complaints You agree that you shall immediately notify Wet Seal in writing of any objectionable content appearing on the User-Generated Websites. Wet Seal will make good faith efforts to investigate allegations that any User-Generated Content violates these User-Generated Content Terms and Conditions but (i) makes no warranty to you that we will edit, remove, or continue to permit the display of any specific User-Generated Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User-Generated Content whatsoever. Copyright Agent Wet Seal respects the intellectual property of others and we require users and visitors to the User- Generated Websites to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wet Seal s copyright agent with the following information required by the Digital Millennium Copyright Act ( DMCA ). Please note that to be effective the notice must include all of the following: a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; identification of the copyrighted work (or works) claimed to have been infringed;

6 identification of the material that is claimed to be infringing and information reasonably sufficient to permit Wet Seal to locate the material (i.e., providing URLs in the content of an is the best way to help us locate content quickly); information reasonably sufficient to permit Wet Seal to contact the complaining party, including address, telephone number, and address; a statement that you have 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 made under penalty of perjury, that the information in the notice is accurate and that the complaining party is the copyright owner or is authorized to act on the copyright owner s behalf. See 17 U.S.C. 512 (c)(3) for further information. Notices of claimed copyright infringement and counter-notices should be directed to: By Mail: The Wet Seal, LLC Attention: Legal Department (Copyright) 7555 Irvine Center Drive Irvine, CA By Phone: By customerservice@wetseal.com (For both mail and notices, please include Notice of Infringement in the subject line.) Upon receipt of notices complying with the DMCA, Wet Seal will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. 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. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification, in writing, to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: your physical or electronic signature; 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; statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for

7 Severability any judicial district in which Wet Seal may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. If any provision in these User-Generated Content Terms and Conditions is deemed unlawful, void or unenforceable, then that provision is deemed severable from these User-Generated Content Terms and Conditions and the remaining provisions are still valid and enforceable. Termination Wet Seal reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the User- Generated Websites for any or no reason, without notice, and without liability to you or anyone else. Wet Seal also reserves the right to block users from certain IP addresses or device numbers and prevent access to the User-Generated Websites. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the User-Generated Websites, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the User-Generated Websites or on other platforms even after your User-Generated Content is removed or your account is terminated. These User-Generated Content Terms and Conditions remain in effect even after your account is terminated. Changes to the User-Generated Terms and Conditions We reserve the right to modify these User-Generated Content Terms and Conditions from time to time without notice. You understand and agree that your access to or use of the User- Generated Websites are governed by these User-Generated Content Terms and Conditions effective at the time of your access to or use of the Websites. You are responsible for regularly reviewing these User-Generated Content Terms and Conditions so that you will be apprised of any changes as revised versions will be binding on you. Any such modification will be effective upon our posting of new User-Generated Content Terms and Conditions. You understand and agree that your continued access to or use of the User-Generated Websites after the effective date of modifications to the User-Generated Content Terms and Conditions indicates your acceptance of the modifications.