JCP Media, Inc. ("JCPenney") and Bellomy Research, Inc. ("Bellomy") recommend reading the Terms & Conditions in its entirety, but advises you to pay particular attentions to the highlights below:
1. Acceptance of Terms and Conditions
JCPenney insiders is provided to you by JCPenney and is operated by Bellomy, subject to the following Terms and Conditions. Use of the Community Site indicates you accept these terms. If you do not accept these terms, do not use the Community Site. We reserve the right to modify the Terms and Conditions at any time and may update them without notice to you. Terms and Conditions are considered effective upon posting of the modified guidelines on the Community Site.
JCPenney insiders, herein known as "the Community" is defined as an interactive community where registered members are invited to (a) interact with their peers and JCPenney in order to share knowledge, news and information about JCPenney, its parents, subsidiaries, and affiliates and their products and services, (b) participate in online message boards, chat rooms, blogs, or other interactive forums, and (c) answer questions and discussion threads posted to the Community for research purposes. All information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, and other materials generated, submitted, made available, or contained on the Community Site, transmitted through the Community Site, or otherwise part of the Community Site is owned and controlled by JCPenney, its parents, subsidiaries, affiliates, and/or its independent contractors. You understand and agree that joining the Community may include certain communications from us, such as administrative messages, and that these communications are considered part of the JCPenney insiders membership and you will not be able to opt out of receiving them without ceasing to be a member of the Community. Unless explicitly stated otherwise, any new features that augment or enhance the current Community, including the release of new features, shall be subject to these Terms and Conditions. If you do not agree to any of these Terms and Conditions, or any future changes made by us, your sole and exclusive remedy is to stop using the Community Site. Note that these Terms and Conditions apply only to use of the Community Site. Other websites provided by JCPenney and/or its parents, subsidiaries, or affiliates, including www.jcpenney.com, have different terms and conditions that apply to the use of those websites.
You are responsible for obtaining access to the Community and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Community.
You will choose a username and password upon completing the Community registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you log-out at the end of each Community session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this.
At any time after the completion of the registration process you have the opportunity to add a picture of yourself of your choice. You can visit your profile at any time to add/remove/change your profile photo as well as change your password. You can access your profile information on the JCPenney insiders website: click on "Edit Profile", update your profile and save the updates you made by clicking on "Save." You are fully responsible for the content posted as part of your Profile.
You represent and warrant that (a) you are over the age of 18, and (b) any information that you submit is true, correct, accurate, and complete. Any registration for, use of, or access to the Community by anyone who is not at least 18 years old is unauthorized, unlicensed, and in violation of these Terms and Conditions.
3. User Profile Information
We may refuse to grant you, and you may not use, a screen name or email address that is already being used by someone else, that impersonates another person, that belongs to another person (without that person's prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion. In consideration of your use of the JCPenney insiders, you agree that all information provided in your profile is accurate, true, current, and complete. We may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.
4. Content of Messages
You understand that all opinions, information, data, text, software, music, sound, photographs, graphics, videos, messages or any other materials ("Content"), that are publicly posted, are the sole responsibility of the person from which such Content originated.
You understand that by using the Community, you may be exposed to Content that is opinionated, offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Community. You are responsible for compliance with all laws, regulations, and ordinances in connection with your use of the Community.
You may NOT use your registration membership or allow anyone else to use your registration membership to post, email, transmit or otherwise make available:
1. Content that is abusive, vulgar, obscene, hateful, fraudulent, or that discloses private or personal matters concerning any person. This includes language, information, or images. Masked vulgarity, obscenity or profanity is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise in the Community.
2. Content that is threatening, harassing, libelous, defamatory or abusive, either between Community members or directed towards one of our moderators, Community managers or other employees.
3. "Rants," "slams," or threats of any nature against us or another company or competitor.
4. Bigoted, racially, or ethnically offensive comments.
5. Political or religious statements or commentary (unless within the scope of the topic area of a message board as determined by us in our sole discretion).
6. Sexually oriented content (unless within the scope of the topic area of a message board as determined by us at our sole discretion)
7. Off-topic comments not related to the Community or our platform.
8. Any material that you don't have the right to transmit under law (such as copyright, patent, trademark, trade secret, securities or other proprietary rights of any party) or under contractual or fiduciary relationships (such as nondisclosure agreements).
9. Language that promotes illegal activity or discusses illegal activities with the intent to commit them. This includes any message that solicits or promotes the use of an illegal substance.
10. Unsolicited or unauthorized advertising, promotional materials, or other forms of solicitation including chain letters, pyramid schemes, class action suits, charitable appeals, "junk mail," or "spam." This includes advertising links in signatures.
11. Any file or link to a file that contains viruses, corrupted files, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
12. Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
13. Messages designed to evade profanity or other filters.
14. Personal phone numbers or addresses (to protect privacy).
15. Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to our employees' email addresses.
16. Hyperlinks that lead to sites that violate any of the Community guidelines.
17. Any message that impersonates another person or affiliation with an entity, including but not limited to us.
In addition, our guidelines do not permit you to:
1. Intentionally violate any other applicable law, regulation, contractual or fiduciary relationships (such as by posting inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) while accessing and using our site.
2. Interfere in any way with the operations in the Community or with a fellow user's message box, including but not limited to mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
3. Evade bans or suspensions or otherwise disregard directions from Community moderators or administrators.
Community moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these guidelines from posted messages, or ban your account for violating the above reasonable provisions.
You also agree to NOT use the Community to:
1. Harm minors in any way;
2. Impersonate any person or entity, including, but not limited to, an official of ours, Community moderator, leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Community;
4. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Community are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
5. Interfere with or disrupt the Community or servers or networks connected to the Community, or disobey any requirements, procedures, policies or regulations of networks connected to the Community;
6. Intentionally or unintentionally violate any applicable local, provincial, state, national or international law;
7. "Stalk" or otherwise harass another; or
8. Collect or store personal data about other users.
You acknowledge that we do not pre-screen Content before it's posted to the Community, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is posted via the Community. We assume no responsibility for monitoring the Community for inappropriate Content or conduct. If, at any time we choose, in our sole discretion, to monitor the Community, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of anyone submitting Content.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, Community users and the public.
You understand that the technical processing and transmission of the Community, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. The Community may not be used (i) in or by any resident of any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accepting the Terms and Conditions and using any part of the Community, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
5. Member-Generated Content, Content Submitted or Made Available for Inclusion in the Community
The information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, and other materials found in the Community Site comes from a variety of sources, primarily from Community members. We make no claims or representations as to the accuracy, completeness, or truth of any material submitted or found in the discussion areas. We are not liable for any website links posted within the discussion areas; website links posted in the discussion areas may link to sites not administered or under our control and users must open such links at their own risk. We are not liable for any errors or delays in the Content or transmission of postings on the Community Site. Remember that you are responsible for your own decisions to act upon the information provided by Community members. We make no guaranty of the confidentiality or privacy of any communication or information transmitted on the Community Site, or any website linked to the site, or otherwise in connection with the services and we will not be liable for the privacy of any email addresses, registration and identification information, confidential or trade-secret information that is publicly posted.
Your contribution of Content to publicly accessible areas of the Community is completely voluntary. We will own all ideas, whether patentable or not patentable, and all suggestions contributed by you to publicly accessible areas of the Community, as well as any ideas, developments and/or inventions conceived by you and made publicly accessible as a result of your participation in the Community. We may use these ideas, suggestions, developments, and/or inventions in any manner we see fit without any compensation or attribution to you.
Any Content you post to publicly accessible areas of the Community will be considered a "work-made-for-hire" under copyright law for our benefit. If for any reason such Content is deemed not to be a work-made-for-hire, you hereby assign to us all right and title in and to such Content (including all intellectual property rights), including any renewals. This means that we will own all rights in and to the Content you post, and no compensation will be due to you for any reason.
"Publicly accessible" areas of the Community are those areas of the Community that are intended by us to be available to other Community members and our employees.
6. Sharing Content and Information made available on the Community
Creating a Profile or adding Content or uploading a picture to your Profile is completely voluntary. Certain information you provide in your public Profile, such as your user name and profile photo are considered publicly available to everyone including other Community members, and therefore will not be kept confidential.
Even after you remove information from your profile or delete your account, copies of that information and all posts and content added to the Community will remain viewable by us.
Unauthorized Use: If your user identification or password(s) is compromised, or if you become aware of any unauthorized use of your account or other breach of security, you are responsible for promptly notifying us. You can notify us by sending an email to info@JCPenneyinsiders.com.
7. Links to Websites
The Community may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
8. Personal Information of Children
9. Technology Requirements
You understand that cookies must be enabled on your computer in order to access and participate in the Community.
A cookie is a small bit of information that is stored in a user's browser, often just a code that contains the server name and a generated string of unique text and numbers. A cookie cannot be used to get data from your hard drive. Cookies are used to store information about what pages you have requested within that specific site. Other than the personal information already provided during the recruiting process, there is no way for the site to know more about you.
You understand that you must have Java Script enabled on your computer. Some of the features in the Community are programmed using Java Script, and you must have this enabled in order to complete the surveys and participate in the Community.
10. Indemnity; Liability
You agree to indemnify and hold us, and our shareholders, affiliates, officers, directors, agents, advisors, co-branders, clients or other partners, and employees, harmless from any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs, made by any third party relating to or arising out of Content you submit, post, transmit or make available through the Community, your use of the Community, your connection to the Community, your violation of the Terms and Conditions, or your violation or alleged violation of any rights of another.
Any dispute or claim arising out of or relating in any way to the JCPenney insiders Community, your participation in the JCPenney insiders Community and your use of the Community website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.
There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery is more limited in arbitration than in court. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to JCPenney's Registered Agent/Legal Department, located at 6501 Legacy Drive, Plano, Texas 75024. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, JCPenney will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
All parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. All parties each hereby waive our right to participate in any class action, whether in court or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
To the extent permitted by applicable law, you agree that (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in participation but in no event attorney's fees; and (3) under no circumstances will a member be entitled to obtain awards for and members hereby waive all rights to claim INDIRECT, EXEMPLARY, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket costs, and any and all rights to have damages multiplied or otherwise increased. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO THE COMMUNITY OR THESE TERMS AND CONDITIONS EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions and our decisions or the decisions of our Community Managers in connection with the Community, shall be governed by and construed in accordance with the laws of the State of Texas, without regard for conflict of laws doctrine. Should any term or provision of this paragraph or any other rule herein be concluded to be void, unenforceable or contrary to applicable law as provided herein, such term or provision shall, but only to the extent necessary to bring the rule within the requirements of such law, be deemed to be severed from the other terms and conditions; and the remainder of these Terms and Conditions shall be given effect as if it had not included the severed item.
Use of the Community is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this Section 10.
You agree not to seek, and you acknowledge and agree that you are not entitled to, rescission of these Terms and Conditions or any part of these Terms and Conditions or any injunctive or other equitable relief for any reason, including, without limitation, an injunction that would restrain the operation of the Community, the exploitation of any advertising or other materials on the Community, or the exploitation of the Community or any Content displayed on the Community.
A printed version of these Terms and Conditions and any notice given in electronic form will be admissible in in arbitration, judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
11. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Community (including your Community username), Content within the Community, use of the Community, or access to the Community.
12. Proprietary Rights
You acknowledge and agree that the Community and any necessary software used in connection with the Community ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Community is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Community or the Software, in whole or in part.
We reserve the right, in our sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Community upon any breach by you of these Terms and Conditions or otherwise. Notwithstanding any termination or expiration of these Terms and Conditions, whether by us or by you, the terms of Sections 3, 4, 5, 6, 7, 10, 11, 12, 14 and 16 shall survive.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE COMMUNITY WILL MEET YOUR REQUIREMENTS, (ii) THE COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMUNITY WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE COMMUNITY WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMUNITY IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMMUNITY OR THROUGH THE COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
A SMALL PERCENTAGE OF COMMUNITY USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE COMMUNITY. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE COMMUNITY AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE COMMUNITY -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent with the following information ("Notice") in accordance with the Digital Millennium Copyright Act: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to us at the following address: DMCAagent@bellomyresearch.com. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
Statements, notices, and other communications to you may be made by mail, email, postings within or on the Community, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated. We will not be responsible for any undelivered notices caused by your failure to update such information.
These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of the Community or any part thereof. You understand and agree that, except as expressly set forth herein, these Terms and Conditions are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms and Conditions. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to pursue any available claim or defense pursuant to these Terms and Conditions or otherwise will not be a waiver of such claim or defense. The headings used in these Terms and Conditions are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
JCPenney may assign these Terms and Conditions, in whole or in part, at any time, with or without notice to you. You will not assign these Terms and Conditions, by operation of law or otherwise, without prior written approval of JCPenney, and any such attempted assignment will be void. Subject to the foregoing, these Terms and Conditions will be binding upon and inure to the benefits of the parties hereto and their successors and permitted assigns.
Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. These Terms and Conditions will not be interpreted or construed to create an association, joint venture, or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that these Terms and Conditions may be entered into electronically, and without the necessity of written signatures.
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