JCPenney Portraits Terms and Conditions
Your use of this Website is governed by these Terms and Conditions
Please take a few minutes to review these Terms and Conditions (“Terms”). Your use of the jcpportraits.com Website (“Website”) constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms do not use the Website.
Secure Sockets Layering (SSL)
The Website 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 the Website 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.
Email Offers and Reminders
By providing your email address to jcpportraits, you may receive special offers and reminders. You may unsubscribe at any time by clicking “Unsubscribe” at the bottom of any email we send. To ensure you receive these offers and reminders, check your SPAM filters to allow delivery.
Any guest images on this Website are protected by an access code and guest name printed on the sitting record given to the guest in the studio. To access the images, you must create an account and enter the access code.
Creating an Account
By creating an account, you represent that you have the lawful right to enter this Website and have permission from the access code owner to view, share, create, print and/or order portraits, products and/or services from images photographed at JCPenney Portraits or under the JCPenney Portraits brand (together “Guest Images”). An authorized user is licensed to use the Website for personal purposes only. No commercial use is authorized or intended. If you do not agree with any of these Terms, do not use the Website.
Access Code Security
You are responsible for keeping the access code and account password secure. By sharing the access code or account password, others will have access to the Guest Images and may also have the ability to share the access code and Guest Images with others. By sharing your entire portrait sitting/album, the access code will automatically be shared. If you forward individual images, the access code will not be included.
The Guest Images on this Website are published in a low resolution format for uploading speed and viewing. Any Guest Images that are printed or downloaded will not be as crisp as a high resolution print. High resolution, professional quality prints are available for purchase through this Website.
Information, including Guest Images on the Internet are electronic communications which can be forwarded, intercepted, printed and stored by others and could be randomly accessed by anyone. Your sittings/albums are stored on a secure server and access is protected by access code and guest name. By claiming your images and/or purchasing the Archival Service (where available), you authorize us to place and retain the Guest Images on the Internet, understanding the nature of the Internet and possibility of random access by hackers or others.
Permitted Use of Images
Professional portraits are copyright protected. The images you view are low resolution, intended for electronic viewing and sharing only. You may order our professional, high quality prints by selecting the “order” tab at the top of every page throughout the Website. Guest Images may not be used for any commercial purpose without our prior written approval. Use of a Guest Image on a business card, resume, Facebook, LinkedIn, or other personal social networking page is permissible and not considered a commercial use. Using a Guest Image to create goods or services from the image for resale is a commercial use and prohibited.
No items may be included with or forwarded to any person or entity with unlawful intent or content. Use must comply with the laws of the United States.
Length of Time Your Images are on the Website
Generally, images are available for 90 days from the date of sitting. If you have purchased the Archival Service (limited to select studios at this time), images will be accessible on this Website for 24 months from the date of purchase of the Archival Service, or 90 days from the date of the sitting, if longer. Orders for portraits or products must be made within that time.
Archival Service (Where Available)
The Archival Service is available in select studios. The following additional Terms apply to Archival Service:
Adding Sittings/Albums to the Archival Service
If you have purchased the Archival Service and do not use the same JCPenney Portraits location and same guest name under which the Archival Service was purchased, you must claim your sittings/albums online within 90 days of the date of the sitting. Otherwise, the sitting/album will not be archived.
Storage Limitation of Archival Service
The Archival Service allows storage of up to 25 sittings/albums. An additional storage fee will be charged for each increment of 25 additional albums.
Termination of Access to Guest Images
You agree and acknowledge that we, in our sole discretion, may terminate your access to or use of the Guest Images and/or the Archival Service and remove and discard any content including, but not limited to, any and all information, communications, with respect to the Guest Images, at any time, without notice, for any reason, including but not limited to:
- Conduct violating these Terms or other policies or guidelines set forth on the Website;
- Conduct that we believe is harmful to other users, the business of Lifetouch Inc. or J. C. Penney Corporation, Inc., their affiliated companies (collectively, the “Businesses”) or other third parties; and
- The security of your access code has been compromised.
You agree that the Businesses will not be liable to you or any third party for any termination of your access to the Website.
Products and Services
We reserve the right to modify the terms and conditions of our products and services, including termination or elimination of products, services, options or benefits, at any time in our discretion.
Right of Return
Photo products may be returned for a full refund in the original form of payment within 60 days of the purchase date with a sales receipt. Without a sales receipt, we will exchange the product for another product of equal or lesser value within 60 days of the purchase date (date will be verified in JCPenney Portraits system). Digital Images and CD’s cannot be returned or exchanged.
Transfer of Title
Purchases of product through JCPenney Portraits (in-studio, online, etc.) are subject to a destination contract if in-store pick up is requested. This means that the title and risk of loss for these products passes to the customer upon the carrier's delivery to the studio. Otherwise, the title and risk of loss for any purchases pass to the customer upon our delivery to our carrier.
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 Website 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 and Guest Images
All of the content on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively “Content”), and the Guest Images are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Businesses or by third parties who have licensed materials to them or one of their subsidiaries. The entire Content and materials of the Website are copyrighted as a collective work under U.S. copyright laws.
Except as otherwise provided in these Terms or in a written agreement from Lifetouch, the Content, Guest Images and the Website as a whole, are intended solely for personal, noncommercial use by the users of our Website. You may download, print and store selected portions of the Content and view, share, create and order portraits and products from us provided you (1) only use these copies of the Content and the Guest Images 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.
Except as otherwise specifically provided in these Terms, no right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Businesses reserve complete title and full intellectual property rights in any Content and Guest Images you download from this Website.
Except as otherwise specifically provided in these Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works, sell, re-sell or exploit the Content or Guest Images without first obtaining written permission from Lifetouch.
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to jcpportraits.com shall be and remain the exclusive property of Lifetouch. 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.
These Terms may change
We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website.
Correction of Errors and Inaccuracies
The information on the 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 or service description, pricing and availability. We apologize for any inconvenience this may cause you.
THE WEBSITE IS OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. J. C. PENNEY CORPORATION, INC., LIFETOUCH INC. AND THEIR AFFILIATED COMPANIES (COLLECTIVELY, THE “BUSINESSES”), EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE 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 BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS WEBSITE.
WITHOUT LIMITING THE FOREGOING, THE BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THE BUSINESSES DO NOT REPRESENT OR WARRANT THAT PRODUCTS, MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OPERATE ON ALL COMPUTERS, OR THAT USE WILL BE RELIABLE, UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR MATERIALS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR THE PURCHASE OR USE OF A PRODUCT OR SERVICE OR LOSS OF MATERIALS.
WITHOUT LIMITING THE FOREGOING, THE BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
THE BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
THE BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, WILL THE 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 WEBSITE OR LOSS OF MATERIALS, INCLUDING WITHOUT LIMITATION GUEST IMAGES.
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 BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES.
Enforcement of Terms and Conditions
BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE 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 BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
The Website is operated by Lifetouch Inc. The mailing address for Lifetouch Inc. is 11000 Viking Drive, Suite 400, Eden Prairie, MN 55344