Updated: June 1, 2009

1. Acceptance of Terms; Eligibility; Termination.
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 Danny Seo Media Ventures, Inc. (“DSMV”). 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. 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.

2. Proprietary Rights.
Through the Site, DSMV provides you with access to a variety of materials, including, but not limited to, text, images, graphics, photographs, illustrations, and artwork (collectively, the “Content”). DSMV 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.

3. Privacy Policy.
DSMV is committed to preserving your right to privacy and does not collect identifying information about you (i.e., your name, email address, and mailing address) unless you voluntarily submit that information to us by subscribing to the Site or through other means. Please do not provide any confidential information about you or anyone to us via electronic communication. If we publish any information you provide to us on the website, we will not disclose personally identifiable information; provided, however, that we may publish the first name, first initial of last name, and geographic location of contest and giveaway winners (i.e., John D., New York, NY). DSMV may use your personally indentifying information to contact you in the event you are chosen as a contest or giveaway winner, and to inform you of products, services, or promotions that may be of interest to you. We have appropriate physical, technical, and procedural safeguards in place to secure the personal information we collect from you.
We may collect non-personal information about your use of our website through the use of cookies. The information collected by cookies allows us to statistically monitor how many people are using our website. We may use cookie information to determine the popularity of certain content and how long visitors stay on the site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. You do not have to accept our cookies in order to productively use the Site. We do not use cookies to collect or store personal information about you. When you visit the Site, DSMV may automatically collect certain non-identifying information about you, such as the type of browser or computer operating system you use or the domain name of the site from which you linked to us. Any automatically collected information may be maintained indefinitely and used for our internal business and marketing purposes, such as assessing traffic patterns and usage of various features on the site, but will not be sold or otherwise disclosed to third parties for any purposes. Notwithstanding any other statements or representations here or elsewhere on the Site, DSMV reserves its right to disclose any information in its possession if it is required to do so by law, or it believes, in good faith, that such a disclosure is necessary to comply with the law, defend its rights or property, or to respond to an emergency situation.

4. User Conduct.
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:

1. 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;
2. 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 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;
3. 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;
4. 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
5. post, transmit, or upload any material that is otherwise unlawful, or use the Site in an unlawful or otherwise inappropriate manner (as determined by DSMV 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.

5. 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.

6. Modification, Interruption, or Discontinuation of 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.

7. Indemnification.
You hereby agree to indemnify, defend, and hold harmless DSMV and our licensors (including JCPenney (as defined below)), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents, and advisors (collectively, the “DSMV 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 DSMV Entity.

8. Disclaimer of Warranties; Limitation of Liabilities; Release of Liability.

1. 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 DSMV 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. DSMV 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.
2. Except in jurisdictions where such provisions are restricted, the DSMV Entities 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 DSMV Entities 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.
3. You hereby release and discharge each of the DSMV Entities 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 DSMV Entities or their designees of any rights granted by you.

9. Links to Other Sites.
Certain links on the Site will let you leave the Site. The linked sites are not under the control of DSMV 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. DSMV 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 DSMV of the linked site.

10. Unsolicited Idea Submission Policy.
DSMV 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 DSMV or anyone at DSMV. 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.

11. Blog Content.
As part of the experience we provide to users, the Site contains regular weblogs (“blogs”) posted by Danny Seo (“Seo”). These blogs are provided solely for your informational use and represent the personal views and opinions of Seo. From time to time, these blogs may contain opinions and other statements regarding products offered by J.C. Penney Corporation, Inc. (together with its parents, subsidiaries, and affiliates, “JCPenney”) or other retailers. These statements do not necessarily represent the views and opinions of JCPenney. You should not rely on these blogs for any personal or professional advice.

12. Applicable Law and Governing Law.
THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND DSMV 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.

13. Severability.
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.

14. Copyright Infringement.
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 us at Danny Seo Media Ventures, Inc., c/o Creative Artists Agency, 2000 Avenue of the Stars, Los Angeles, California 90067, United States of America, fascimile: (424) 288-3784.

15. Copyright Notice.
© 2009 Danny Seo Media Ventures, Inc., c/o Creative Artists Agency, 2000 Avenue of the Stars, Los Angeles, California 90067, United States of America. All rights reserved.