Albertsons-Safeway Online Community Terms and
Conditions
You
must agree to the following terms and conditions of use before you access or
otherwise use or participate in the Albertsons-Safeway Online Community.
Your access to and membership in the Albertsons-Safeway Online Community, which
includes the Community website, e-mail messages, and their content (the
“Community”) is governed by the following terms and conditions. By
accessing the Community, you acknowledge that you have read, understood and
agreed to be bound by these terms and conditions.
Notification of Changes
We
may change or revise these Terms and Conditions from time to time by updating
this posting. Your use of the web site reaffirms your continuing
agreement to the then-current Terms and Conditions. Any future changes to
these terms and conditions will be posted on the Community web site.
Confidentiality
Your
invitation to participate in the Albertsons-Safeway Online Community is
personal and non-transferable. You may not disclose to others any of the
information that we disclose to you or any ideas or information that are
generated in the Community. Your Community member name and password are
for your use only. You may not disclose your password to any other
person.
Assignment
You
irrevocably assign to Albertsons-Safeway and/or its agencies all rights in any
ideas or expressions of ideas that you provide to the Community. All
comments, suggestions, graphics, ideas (including product and advertising
ideas), and other information or materials you submit to Albertsons-Safeway
and/or its agencies through this web site will become and remain the exclusive
property of Albertsons-Safeway and/or its agencies, including any future rights
associated with such submissions, even if these Terms and Conditions are later
modified or terminated. This means that you disclaim any proprietary
rights in such submissions, and you acknowledge Albertsons-Safeway and/or its
agencies unrestricted right to use them (or materials or ideas similar to them)
in any medium, now and in the future, without notice, compensation or other
obligation to you or any other person. It also means that with the
exception of your personal information, Albertsons-Safeway and/or its agencies
have no obligation to keep your submissions confidential.
You
further release and waive all claims against Albertsons-Safeway and/or its
agencies with respect to any intellectual property or other proprietary rights,
rights of privacy and publicity, rights of attribution, or any other liability
under the governing law of the United States.
Privacy
To
the extent that you also provide us with any of your personally identifiable
information, Albertsons-Safeway will only use such information in accordance
with the privacy policy of Albertsons-Safeway, a copy of which is available by
clicking on “Privacy Policy” at the bottom of the website: www.safeway.com . Please note that by clicking on the "I Accept"
button below, any of your personally identifiable information you submit may be
directed to a third party site administered and hosted by a third party vendor
retained by Albertsons-Safeway provided, that in such event, the third party
vendor will have no right to use any such information other than uses necessary
to fulfill its services to Albertsons-Safeway.
Membership
Your
membership in and access to the Albertsons-Safeway Online Community is strictly
at the discretion of Albertsons-Safeway and/or its agencies and may be revoked
at any time without cause and without notice. You hereby release Albertsons-Safeway
and/or its agencies from any and all liability that may arise in connection
with your use of the Albertsons-Safeway Online Community.
Code of Conduct
You
agree not to upload, post or transmit to or distribute or otherwise publish
through the Web Site any materials which (i) restrict or inhibit any other user
from using the Web Site, or contain a virus or other harmful component, (ii)
violate any United States laws or violate or infringe any rights of third
parties (including copyright, trademark, rights of privacy or publicity or any
other proprietary right), or (iii) are not appropriate or pertinent to the
purpose of the Web Site or are libelous, defamatory or offensive. You
will agree to abide by the copyrights, trademarks and other intellectual
property and proprietary rights of Albertsons-Safeway and/or its agencies.
You
also agree to abide by these rules of conduct:
· Members must be 18 years of age or older.
· Only those who are members of the Community may
access it. You may not share your member ID or password with any other
person and must notify Albertsons-Safeway if your member name or password has
been lost, stolen, or used by another person.
· Unless specifically told otherwise, you must keep
confidential all information that Albertsons-Safeway and/or its agencies, other
Community members, and you share with the Community.
· You agree not to copy, modify, distribute,
download, display, post, or transmit the Community website, e mail messages,
and their content in any form. Albertsons-Safeway and/or its agencies have the
right to use the ideas and information that you put forth in the Community.
· You agree not use the Community to solicit or
advertise any commercial activity.
· You agree not to use behavior that does not
support a safe and comfortable environment for all members, including but not
limited to posting or transmitting any unlawful, threatening, defamatory,
vulgar, obscene, sexually graphic, inflammatory, profane, material, any
material that violates the rights of a third party, or any other inappropriate
material.
· You agree not take any action that imposes an
unreasonable or disproportionately large load on the website or otherwise
interferes with the Community.
· You agree to receive weekly emails from the
Community which will inform you of new activities such as discussion topics and
surveys that are available on the site.
· Although Albertsons-Safeway may monitor postings
and transmissions, it is not obligated to do so and
will not be liable for their content. Albertsons-Safeway reserves the right to
edit or remove any post or transmission for any reason, including that, in its
judgment, it is inappropriate.
· You understand that no personal information that
you post on this site will be sold, traded, shared with other organizations, or
used for any purpose other than consumer research
· You understand that Albertsons-Safeway and/or its
agencies do not endorse the information posted in the Community.
Incentives
C Space
administers incentives on behalf of Albertsons-Safeway per the Incentives Plan.
The
Incentive Plan is posted in the Community and may be modified from
time-to-time.
Incentives
are associated with Community participation and do not constituent any
encouragement (implicit or explicit) on the part of any Albertsons-Safeway
customer or non-customer to purchase Albertsons-Safeway products and services.
Limited Access and Use of the Community
Albertsons-Safeway
grants you a limited license to access and use the Community solely to
participate as described above. You acknowledge that unauthorized use of
the Community may violate copyright, trademark, privacy, publicity, and
communications laws.
Warranty
Albertsons-Safeway
and/or its agencies do not represent or endorse the correctness, accuracy,
reliability or any other aspect of advice, opinion, statement or other
information distributed through the Albertsons-Safeway Online Community, and
reserves the right to remove any content from the Community website that it
deems inappropriate.
Albertsons-Safeway
and/or its agencies endeavor to maintain this web site and its operation, but
are not, and cannot be, responsible for the results of any defects that may
exist in the web site or its operation. As to the operation of the web site, Albertsons-Safeway
and/or its agencies expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to all implied warranties of
merchantability or fitness for a particular purpose, title and
non-infringement. Albertsons-Safeway and/or its agencies makes no warranty that
(i) the operation of the web site will meet the user's requirements; (ii)
access to the web site will be uninterrupted, timely, secure, free of viruses,
worms, trojan horses or other harmful components, or
free of defects or errors; (iii) the results that may be obtained from the use
of the web site will be accurate or reliable; or (iv) defects will be
corrected. You (and not Albertsons-Safeway and/or its agencies) assume the
entire cost of all servicing, repair, or correction that may be necessary for
your computer equipment and software as a result of any viruses, errors or any
other problems whatsoever you may have as a result of visiting this web site.
THE
COMMUNITY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALBERTSONS-SAFEWAY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGEMENT.
Limitation of Liability
Under
no circumstances shall Albertsons-Safeway and/or its agencies be liable for any
damages or injury, including any direct, special, incidental, consequential,
punitive or other damages, that may result from the use of, or the inability to
use, the web site or any materials in this site, whether in an action of
contract, negligence or other tortious action, arising out of or in connection
with the use or performance of the website or information available in the web
site. Albertsons-Safeway and/or its agencies shall not be liable even if Albertsons-Safeway
and/or its agencies or a Albertsons-Safeway authorized
representative has been advised of the possibility of such damages. These
include but are not limited to damages or injury caused by error, omission,
interruption, defect, failure of performance, delay in operation or
transmission, line failure or computer virus, worm, trojan
horse or other harmful component.
You
agree to defend, indemnify and hold Albertsons-Safeway and/or its agencies
harmless from any claim or demand made by any third party against Albertsons-Safeway
due or arising out of your participation in the Albertsons-Safeway Online Community and/or any breach by you of the
provisions of this agreement.
Jurisdiction
These
Terms and Conditions and any disputes arising under or related to these Terms
and Conditions (whether for breach of contract, tortious conduct or otherwise)
will be governed by the laws of the State of California without
reference to its conflicts of law principles. You agree to submit to jurisdiction in California and
further agree that any cause of action arising under this Agreement may be
brought in a court in San Francisco, California, and
you hereby accept and submit to the personal jurisdiction of these courts with
respect to any legal actions, suits or proceedings arising out of these Terms
and Conditions. You also waive to the fullest extent permitted by law any
right to a trial by jury in any action, suit or proceeding brought to enforce,
defend or interpret any right or remedies under, or arising in connection with
or relating to, these Terms and Conditions.