Your use of this web site is governed by these Terms and Conditions as well as the Terms and Conditions for www.dkny.com, which are incorporated herein by reference (collectively, the "Terms and Conditions").

By using this web site you confirm that you irrevocably grant to The Donna Karan Company LLC and its licensees, successors, agents, assigns and designees (collectively "DK Co.") the absolute, unconditional and irrevocable right to use, publish, reproduce, display and copyright your picture, portrait and likeness taken in the DKNY Holiday Photo Booth (the "Photo Booth"), either alone or together with your name, in any and all media now known or hereafter developed, including, without limitation, on the web sites www.dknyholidayphoto.com or www.dkny.com (the "Sites"), in whole or in part, distorted, altered, modified and/or adapted, alone and/or accompanied by other text, images, graphic, audio, video and/or other material, throughout the world and royalty-free, for any purpose whatsoever, in perpetuity. You agree that all photographs in the Photo Booth are owned by DK Co. and that DK Co. may register copyrights for any material containing the same.

You agree that no product or other material need be submitted to you for any further approval and DK Co. shall be without liability to you for any distortion or illusionary effect or adverse result to you on account of the publication, reproduction, distribution or broadcast of your picture, portrait or likeness. You consent to the use of any print material in conjunction with the photograph.

The Photo Booth and the Sites are provided "AS IS" and DK Co. makes no representations or warranties of any kind, either express or implied, about the Photo Booth or the photographs including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law.

You may reproduce, display, transmit, distribute or otherwise exploit the photographs taken in the Photo Booth, for personal use only without the prior written consent of DK Co. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any photograph including, without limitation, adding other material to a photograph, without DK Co.'s prior written consent.

In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs taken in the Photo Booth in any manner not authorized by DK Co., or if you otherwise infringe any intellectual property rights relating to the photographs or the Sites, you agree to indemnify and hold DK Co. harmless against any liability incurred by DK Co. as a result of unauthorized use of the photographs and/or your breach of these Terms and Conditions. Further, you release, discharge and agree to hold harmless DK Co. from any liability arising out of or in connection with the use as described herein, including any and all claims for libel and/or any invasion of privacy or publicity.

The Photo Booth is for entertainment purposes only and photographs taken in the Photo Booth or posted on the Sites are for personal use only.

The Photo Booth is intended for use only by individuals aged 18 years or older. By using the Photo Booth, you represent and warrant that you are 18 years of age or older and that you have the right to grant the rights, assume the obligations, and agree to the other terms set forth in these Terms and Conditions.

You represent and warrant that you have the full right and authority to grant all of the rights and releases granted herein. The Terms and Conditions contain the entire understanding between you and DK Co. regarding the use of your image, supersedes all prior agreements and understandings between the parties regarding this matter, and may not be modified except in a writing signed by both you and DK Co. The Terms and Conditions shall be governed by the laws of the State of New York without regard to principles of conflicts of law.