Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of the jcpenneyportraits.com Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the jcpenneyportraits.com Website.
These Terms and Conditions May Change
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the jcpenneyportraits.com Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
Security
Secure Sockets Layering (SSL)
jcpenneyportraits.com uses Secure Socket Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. Because we use SSL, placing an order online at jcpenneyportraits.com is just as safe as giving your credit card number over the phone.
The law protects you, too
Our security measures are designed to prevent anyone from stealing and using your credit card number. In addition, consumer protection laws protect you against the unauthorized use of your credit card. Under federal law, if someone steals your credit card or your credit card number, your liability is limited to $50 no matter how much the thief charges to your account.
Copyright Notice
Portraits
Except as specifically authorized through the sale of a product or service, or on a written release signed by us, images and information from this site may not be reproduced in any way. All images created by JCPenney Portraits are the property of Lifetouch Inc. and its subsidiaries (collectively "Lifetouch"), our licensing partners, or are used with permission.
Content
All of the content on the JCPENNEYPORTRAITS.COM Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively "Content"), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by JCPenney Company, Inc., Lifetouch, one of their affiliated companies or by third parties who have licensed their materials to them or one of its subsidiaries. The entire Content of the JCPENNEYPORTRAITS.COM Website is copyrighted as a collective work under U.S. copyright laws.
Except as otherwise provided in a written agreement from Lifetouch, the Content of the JCPENNEYPORTRAITS.COM Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. JCPenney Company, Inc. and Lifetouch reserve complete title and full intellectual property rights in any Content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Lifetouch Portrait Studios Inc.
Submissions
We welcome your comments regarding the JCPENNEYPORTRAITS.COM Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to JCPENNEYPORTRAITS.COM shall be and remain the exclusive property of Lifetouch Portrait Studios Inc. Your submission of any such Comments shall constitute an assignment to Lifetouch of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Lifetouch will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Correction of Errors and Inaccuracies
The information on the JCPENNEYPORTRAITS.COM Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
DISCLAIMERS
THE JCPENNEYPORTRAITS.COM WEBSITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. JCPENNEY COMPANY, INC., LIFETOUCH INC. AND THEIR AFFILIATED COMPANIES (COLLECTIVELY, THE "JCP PORTRAITS BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, THE JCP PORTRAITS BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE.
WITHOUT LIMITING THE FOREGOING, THE JCP PORTRAITS BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE JCPENNEYPORTRAITS.COM WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE JCPENNEYPORTRAITS.COM WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THE JCP PORTRAITS BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
THE JCP PORTRAITS BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE JCPENNEYPORTRAITS.COM WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
THE JCP PORTRAITS BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE JCPENNEYPORTRAITS.COM WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL THE JCP PORTRAITS BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE JCPENNEYPORTRAITS.COM WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY JCP PORTRAITS BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE JCPENNEYPORTRAITS.COM WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE JCPENNEYPORTRAITS.COM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JCPENNEYPORTRAITS.COM WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE JCPENNEYPORTRAITS.COM WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE JCP PORTRAITS BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE JCPENNEYPORTRAITS.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE JCPENNEYPORTRAITS.COM WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.
This Website is Operated by Lifetouch Inc.
The JCPENNEYPORTRAITS.COM Website is operated by Lifetouch Inc. The mailing address for Lifetouch Inc. is 11000 Viking Drive, Suite 400, Eden Prairie, MN 55344.
Revised April 11, 2000