Updated: April 7, 2009
Please read these terms of use (these "Terms") carefully before using this website (this "Site"). These terms constitute a legally binding agreement between you and JCP Media L.P. ("JCPenney"). By accessing or using the Site, you agree to be legally bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE. We reserve the right to change these Terms at any time in our sole discretion by posting the updated Terms on the Site. You waive any right you may have to receive specific notice of such changes, and your continued use of the Site will constitute your acceptance. You should therefore periodically visit this page to review the then-current Terms to which you are bound. If you do not agree to these Terms, as they may be updated from time to time, your sole and exclusive remedy is to stop using the Site. Unless explicitly stated otherwise, any updates, enhancements, and/or new features are subject to these Terms. These Terms apply only to use of the Site and do not apply to other websites operated by JCPenney and/or its affiliates, including www.jcpenney.com. The Site is intended solely for persons in the United States of America who are at least 13 years old. Any access to or use of the Site by anyone who is not at least 13 years old is unauthorized, unlicensed, and in violation of these Terms. By accessing and using the Site, you represent that you are over the age of 13. We may terminate these Terms and your access to and use of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability.
Through the Site, JCPenney provides you with access to a variety of materials, including, but not limited to, text, images, graphics, photographs, illustrations, artwork, sound files, and video clips (collectively, the "Content"). JCPenney authorizes you to view, download, and print the Content only for your personal, non-commercial use. You may not modify, transmit, broadcast, rent, lease, loan, sell, reproduce, duplicate, distribute, upload to any computer or mobile device, create derivative works of, or otherwise make commercial use of the Site or any Content provided or obtained through the Site, except as specifically permitted in these Terms. You may not, and may not attempt to (or otherwise authorize, encourage, or support others’ attempts to), circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Site, the Content, or any technology used to support the Site. You agree and acknowledge that the Content is protected by copyrights, trademarks, and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us, and that any unauthorized use of Content may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials.
You agree and acknowledge that no fiduciary relationship is established between you and JCPenney by your use of the Site, and we have no obligation of confidentiality toward you except as set forth in these Terms and in our Privacy Policy with respect to information that we may collect from you. You should review the entire Privacy Policy, which is incorporated by reference into these Terms, as the same may be amended from time to time. You should periodically visit the Privacy Policy to review its then-current terms. We are not responsible for any harm that you or any other person may suffer as a result of a breach of confidentiality with respect to your use of the Site or any information you transmitted to the Site. You should refrain from disclosing confidential information on the Site, as this information will become public and may be archived, stored, and retrievable for an indefinite period.
In order to guarantee the constructive, respectful, and productive use of the Site, you agree that you will not, and will not cause, permit, or enable others to:
(a) post, transmit, or upload any material which violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or which contain libelous, defamatory, or otherwise unlawful material;
(b) post, transmit, or upload any material that disparages the Site or the JCPenney brand;
(c) misuse the property of JCPenney or any other company or individual;
(d) post inappropriate communications, including, but not limited to, material which: (a) could be construed as obscene, pornographic, violent, defamatory, offensive, discriminatory, inflammatory, threatening, insulting, harassing, or disparaging of others; (b) is intended to solicit or proselytize to others for commercial ventures, religious, or political causes; (d) solicits personal information from anyone under eighteen (18) years of age or otherwise harms or exploits minors in any way; (e) poses or creates a privacy or security risk to any person; (f) promotes any unlawful or improper purpose or any unsafe activity, including, but not limited to, gambling, participating in pyramid schemes, or breaking into or "hacking" into the computers or intercepting the transmissions of others;
(e) transmit, or assist in or promote the transmission of, unsolicited advertising or solicitation, promotional materials, junk mail, chain letters, instant messaging, spimming, spamming, or related activities;
(f) post or upload any software viruses, worms, spyware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; or
(g) post, transmit, or upload any material that is otherwise unlawful, or use the Site in an unlawful or otherwise inappropriate manner (as determined by JCPenney in its sole discretion).
We reserve the right to investigate and take appropriate legal action against any users who, in our sole discretion, violate this Section 4, including, without limitation, reporting a user to law enforcement agencies and terminating, modifying, deleting, or blocking a user’s access to the Site.
You must provide all equipment and software necessary to connect to and use the Site. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Site’s operation. Any equipment or software causing interference will be immediately disconnected from the Site. If any upgrade in or to the Site requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Site, including the release of new products and services, will be subject to these Terms. You agree to follow and comply with all applicable laws in your use of the Site.
We reserve the right, at any time and from time to time, to modify, suspend, discontinue, or permanently cancel the Site, or portions thereof, with or without notice to you. Without limiting the generality of the foregoing, we reserve the right to delete, add to, or modify the Content for any reason at any time, and to modify, delete, or block your access to any portion of the Site if we reasonably determine that the Site, your use of the Site, or any element used to create the Site infringes on or violates, or could infringe on or violate, any third-party right or any applicable laws or government regulations.
You hereby agree to indemnify, defend, and hold harmless JCPenney and our suppliers, licensors, contractors (including suppliers, licensors, and contractors of Content), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, and advisors (collectively, the "JCPenney Entities") from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs, expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorney’s fees and costs, whether brought by third parties or otherwise, relating to or arising out of (a) your use of the Site or any Content, (b) your breach or alleged breach of these Terms, (c) your acts and omissions, or (d) your negligence, intentional misconduct, or violation or alleged violation of any rights of any third party, including, but not limited to, copyright, trademark, proprietary, or other intellectual property rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under these Terms, and, in such event, you will use your best efforts to cooperate in such defense. To the fullest extent permitted by law, the indemnification obligations under this Section 7 will apply regardless of any fault, negligence, or breach of warranty or contract on the part of any JCPenney Entity.
(a) YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The JCPenney Entities shall have no liability to you, or to any third party, for any modification, suspension, discontinuance, or termination of the Site or any feature or Content of the Site. JCPenney makes no warranties that (i) the Site or the Content will meet your requirements, (ii) the Site (or any downloads or other features thereof) or the Content will be uninterrupted, timely, secure, non-infringing, or error-free, (iii) the Content is free of viruses or other destructive or malicious code that may damage or infect your computer equipment or other property, or (iv) the information on the Site is accurate, timely, or fit for any particular purpose. You download Content from the Site at your sole discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download. We assume no liability or responsibility for any errors or omissions in the Content of the Site or any product or service provided by a third party in connection with the Site. No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
(b) Except in jurisdictions where such provisions are restricted, the JCPenney Entities and their licensors and contractors (including any third parties providing all or part of the Site or Content) (collectively, the "Released Parties") shall not be liable for any indirect, incidental, special, or consequential damages whatsoever, including, without limitation, damages for failure of performance, errors, omissions, interruptions, deletions, defects, delay in operation or transmission, computer viruses, communication line failures, theft or destruction, unauthorized access to, alteration of, or use of the Site, or loss of use, data, or profits, arising out of or in connection with the Site or the Content, even if the Released Parties have been advised of the possibility of such damages. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Site. To the extent that a state does not permit the exclusion or limitation of liability as set forth herein, our liability is limited to the maximum extent permitted by law in such states.
(c) You hereby release and discharge each of the Released Parties from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person (including death) or property or any kind resulting in whole or part, directly or indirectly, from your use of the Site or any Content, or the use by the JCPenney Entities or their designees of any rights granted by you.
Certain links on the Site will let you leave the Site. The linked sites are not under the control of JCPenney and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. JCPenney is not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JCPenney of the linked site.
As part of the experience we provide to users, the Site may contain feeds ("feeds") from third-party social networking sites that enable you to view content from those third-party sites while you continue to remain on the Site. Content generated through feeds is not under the control of JCPenney and we are not responsible for any of the content that may be displayed to you. All rights to the content remain with the owner of such content. JCPenney is providing feeds to you only as a convenience and the display of any content supplied through a feed does not imply an endorsement by JCPenney. In addition, the Site may contain weblogs ("blogs"). These blogs are provided solely for your entertainment and informational use and represent the personal views and opinions of the individual writers. The views expressed in these blogs do not necessarily represent the views and opinions of JCPenney, and are not sponsored or endorsed by JCPenney. You should not rely on these blogs for any personal or professional advice.
JCPenney does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products or marketing strategies might seem similar to ideas submitted to us. Therefore, we ask you not to send your unsolicited ideas to JCPenney or anyone at JCPenney. If, despite our request that you not send us your ideas and materials, you still send them, please understand that we make no assurances that your ideas and materials will be treated as confidential or proprietary.
THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND JCPENNEY REGARDING THE SUBJECT MATTER HEREIN. THESE TERMS SHALL BE GOVERNED BY, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS. YOU HEREBY SUBMIT TO EXCLUSIVE JURISDICTION AND VENUE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION, OR THE DISTRICT COURTS OF COLLIN COUNTY, TEXAS, AND WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY SUCH ACTION OR PROCEEDING.
If any provision of these Terms is deemed to 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.
We respect the intellectual property of others, and we ask our users to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact our copyright agent at: J.C. Penney Legal Department, Box 10001, Dallas, Texas 75301, or call (972) 431-1253 or (972) 431-1269.
© 2009 J.C. Penney Company, Inc. and/or JCP Media L.P., 6501 Legacy Drive, Plano, Texas 75024, United States of America. All rights reserved.