CVS Photo Privacy Policy

Last Updated: 5/24/2016

CVS PHOTO KIOSK TERMS OF USE

Read these Terms of Use (this “Agreement”) for important information about our Service (as defined below).

Please read this Agreement carefully and completely before using any photo kiosk located in a CVS store (each, a “Kiosk”) or any services or goods provided through or in connection with a Kiosk (together with the Kiosks, collectively, the “Service”). By tapping or clicking “I agree,” “I accept” or any other similar button or box with respect to this Agreement, or by using the Service (including any access to the Service), you expressly agree to be bound by this Agreement, by and between you and CVS Pharmacy, Inc. (“CVS/pharmacy,” “us” or “we”), which incorporates by this reference any additional terms and conditions made available to you by or on behalf of CVS/pharmacy through a Kiosk, or otherwise made available to you by or on behalf of CVS/pharmacy.

The “Service” shall be deemed to exclude any websites or apps (including services available through websites or apps) operated by CVS/pharmacy or any of its affiliates, such as www.cvs.com, www.cvs.com/photo, or http://optical.cvs.com (the use of any of which is governed by a separate Terms of Use currently available at www.cvs.com/help/terms_of_use.jsp). Further, certain Service functionality, such as sending photographs from your mobile device to a Kiosk via WiFi, may only be available if you download and use a third party app (such apps, “Third Party Apps”) operated by a third party developer (such developers, “Third Party Developers”); such Third Party Apps shall include the Kodak Kiosk Connect app, operated by Kodak Alaris Inc. (including its affiliates, “Kodak”), a Third Party Developer. Notwithstanding anything herein to the contrary, the “Service” shall be deemed to exclude, all Third Party Apps, whether used in connection with the Service or otherwise. You acknowledge and agree that (a) each Third Party App is provided by its Third Party Developer, and not by CVS; (b) each Third Party App may be subject to separate terms and conditions and privacy policies provided by its Third Party Developer; and (c) we neither control nor endorse, nor are we responsible for, any Third Party App (including the Kodak Kiosk Connect app) or any acts or omissions of any Third Party Developer (including Kodak). Any reference in this Agreement to “suppliers” or “vendors” shall include Kodak and other Third Party Developers.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

YOU AGREE THAT YOU WILL NOT SUBMIT THROUGH OR IN CONNECTION WITH THE SERVICE ANY PHOTOGRAPHS OR OTHER CONTENT OR MATERIALS THAT INFRINGE OR VIOLATE THE RIGHTS OF ANY PARTY OR APPLICABLE LAWS, OR ARE OBSCENE, INDECENT, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE.

[We may update this Agreement at any time, and may notify you of such updates by any reasonable means, including by making the updated Agreement available to you through a Kiosk. Any changes in updating this Agreement will not apply to any dispute between you and us arising prior to the date on which we made the updated Agreement available to you through a Kiosk, or otherwise notified you of such updated Agreement. The “Last Updated” legend above indicates when this Agreement was last changed. YOU AGREE TO REVIEW THIS AGREEMENT PRIOR TO EACH USE OF THE SERVICE TO DETERMINE IF THIS AGREEMENT HAS BEEN UPDATED. YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY UPDATES TO THIS AGREEMENT SHALL CONSTITUTE NOTICE AND ACCEPTANCE OF THE UPDATED AGREEMENT.]

Products and Transactions

Please note that references to or descriptions or images of products or services (or related coupons or discounts) on the Service should not be interpreted as endorsements of such products or services and such products or services may be made available by CVS/pharmacy or by third parties. Resale of products or services purchased in connection with the Service is specifically prohibited. We reserve the right to refuse to sell products or services to you if it reasonably appears to us that you intend to resell such products or services. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of items purchased by each customer or to refuse to provide any customer with any such items. Your properly completed and delivered order through a Kiosk constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when CVS/pharmacy or its supplier or vendor either sends an order acceptance notice to you or fulfils your order.

Price (including the validity of any coupon or discount), quantity, availability of any product or service, and shipping methods and shipping rates, and any other information, descriptions, or images available through the Service regarding any products or services, are subject to change without notice. Descriptions of products (including, as applicable, any dimensions and similar descriptions) are approximate and are for convenience only. We seek to undertake reasonable efforts to accurately display the attributes of products and services, including the applicable colors, however the actual colors that you see will depend on the particular Kiosk being used by you, your device and/or any Third Party App being used, and we cannot guarantee that the Kiosk that you use and/or your device will accurately display such colors. In general, offers available through the Service are good only while supplies last. Sweepstakes, giveaways, specials, sales, and other promotions offered through the Service may be subject to additional terms and conditions presented separately from this Agreement. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) in connection with your use of the Service. By submitting any information through the Service in connection with purchasing any products or services, you grant to us the right to provide such information to third parties for purposes of facilitating such purchase. Verification of information may be required prior to the acknowledgment or completion of any transaction. You represent and warrant that you have the right to use any payment card or other method of payment that you submit in connection with a transaction in connection with the Service. Further terms and conditions related to transactions in connection with the Service may apply.

You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your transactions. If any payment due is not made by you, CVS/pharmacy may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and your use of (including any access to) the Service, or (b) terminate this Agreement and your use of (including any access to) the Service. If legal action is necessary to collect fees or charges due from you, then you will reimburse CVS/pharmacy for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.

Materials

For purposes of this Agreement, “Materials” includes photographs, images, graphics, text, data, user IDs, email addresses, phone numbers, passwords, comments, and any other forms of materials or information submitted by Service users through or otherwise in connection with the Service, regardless of whether such information is made available publicly or otherwise.

The Service is not designed or intended to be used as a storage service (whether for backup storage or otherwise) or as a disaster recovery or emergency data storage facility, and you are responsible for creating and maintaining copies of your Materials (including any photographs) prior to submitting such Materials through or otherwise in connection with the Service.

CVS/pharmacy and its suppliers and vendors are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any Materials that you may use or allow others to use in connection with the Service (including Materials submitted through or otherwise in connection with the Service) before CVS/pharmacy and its suppliers and vendors take any remedial action that they consider, in their sole discretion, to be appropriate.

NEITHER CVS/PHARMACY NOR ITS SUPPLIERS OR VENDORS CONTROL THE MATERIALS SUBMITTED THROUGH OR OTHERWISE IN CONNECTION WITH THE SERVICE, NOR DO WE OR THEY HAVE ANY OBLIGATION TO MONITOR, SCREEN, POLICE, OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SERVICE. IF SERVICE FUNCTIONALITY ALLOWS YOU TO MAKE ANY OF YOUR PHOTOGRAPHS OR OTHER MATERIALS, OR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION, PUBLICLY AVAILABLE THROUGH THE SERVICE, AND YOU CHOOSE TO DO SO, YOU DO SO AT YOUR OWN RISK.

Disclaimer of Warranty

Although CVS/pharmacy reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, merchandise, functionality, or other resources (collectively, “Resources”) available on or accessible through the Service (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Service. Further, we do not represent that the Service will operate without interruption or error, nor do we provide any assurances of the availability or usability of the shopping services offered through the Service.

CVS/pharmacy does not accept any liability for the consequences arising from the application, use, or misuse of any Resources contained on or made available through the Service, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise. CVS/pharmacy also does not accept any responsibility for technical failures or for unauthorized access of user transmissions or Materials by third parties.

Your use of (including any access to) the Service, including any Resources contained therein or otherwise made available thereby, is solely at your own risk.

CVS/pharmacy makes no guarantees regarding the Resources, and disclaims any implied warranty or representation about the Service’s or any Resource’s accuracy, relevance, timeliness, completeness, reliability, security, or appropriateness for a particular purpose.

CVS/PHARMACY AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND OTHER RESOURCES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.

WITHOUT LIMITING THE FOREGOING, CVS/PHARMACY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY APPS (INCLUDING THE KODAK KIOSK CONNECT APP) AND ANY OTHER PRODUCTS, GOODS, OR SERVICES OFFERED BY ANY THIRD PARTY DEVELOPER (INCLUDING KODAK), FACEBOOK, INC. (INCLUDING INSTAGRAM), OR ANY CVS/PHARMACY SUPPLIER OR VENDOR, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Without limiting the generality of the foregoing, CVS/pharmacy makes no representation or warranty that the quality of any Resources purchased or obtained through the Service will meet your expectations, or that any password protection or other security measures for Materials that you may use or allow others to use in connection with the Service will prevent unauthorized access to such Materials, or that any such Materials will not be accessed or misused by any other party.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CVS/PHARMACY OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS (COLLECTIVELY, “CVS PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Neither CVS/pharmacy nor its suppliers or vendors guarantee the sequence, accuracy, or completeness of any information or content available through the Service and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND CVS/PHARMACY’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY CVS/PHARMACY, ITS SUPPLIERS, OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SERVICE, INCLUDING MATERIALS SUBMITTED THROUGH OR OTHERWISE IN CONNECTION WITH THE SERVICE.

WITH RESPECT TO ANY THIRD PARTY DEVELOPER’S (INCLUDING KODAK’S), FACEBOOK, INC.’S, AND ANY OF CVS/PHARMACY’S SUPPLIERS’ AND VENDORS’, APPS (INCLUDING THE KODAK KIOSK CONNECT APP), SITES, OR OTHER SERVICES OR PLATFORMS, AND ANY PRODUCTS, GOODS, MATERIALS, OR SERVICES MADE AVAILABLE THROUGH SUCH SERVICES OR PLATFORMS, IN NO EVENT SHALL ANY CVS PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, MATERIALS, PLATFORMS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY LIABILITY ON THE PART OF THE CVS PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICE OR $25, WHICHEVER IS GREATER.

You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Service would not be provided to you absent such limitations.

Indemnification

You hereby agree to indemnify, defend, and hold the CVS Parties harmless from any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to or arising out of your use of the content on the Service, or any Materials that you submit through or otherwise in connection with the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

Changes to the Service

CVS/pharmacy and its suppliers and vendors may change or modify the information, services, products, materials, and any other Resources contained on or accessible through the Service, may charge, modify, or waive any fees required to use the Service (including any portion thereof), or discontinue the Service altogether, at any time without notice.

Your Obligations

You agree to use the Service only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Service (including by means of hacking or defacing any portion of the Service, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Service available) will not be tolerated. You are strictly prohibited from communicating on or through the Service (including in connection with any Materials) any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your use of (including any access to) the Service, or parts of the Service, without notice, if we believe, in our sole discretion, that it is in violation of this Agreement, our requirements, or any applicable law, or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or any other third party, including any of our partners, affiliates, sponsors, providers, licensors, or merchants.

You must not submit, transmit, or otherwise make available through or in connection with the Service any virus or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

You agree to provide true, accurate, current, and complete information in connection with the Service. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to refuse any and all current and future use of the Service. Because any termination of your access to the Service may be effected without prior notice, you acknowledge and agree that we may immediately delete your submitted Materials and bar any further access to such files or the Service. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to the Service.

You may be asked to supply your name, email address, phone number, and/or other information (“Access Credentials”) to use all or part of the Service. You are fully responsible for all activities (including purchases, as applicable) that occur in connection with your Access Credentials such that, for all purposes under this Agreement, any activities in connection with your Access Credentials will be deemed to be your activities. You agree to immediately notify us of any unauthorized use of either your Access Credentials or any other breach of security. You further agree that you will not permit others to access the Service using your Access Credentials. CVS/pharmacy is not under any obligation to verify the actual identity or authority of the user of any Access Credentials.

You must respond promptly to all email and other correspondence from CVS/pharmacy, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Service.

Your submission of information through the Service is governed by our Privacy Policy for the Service, located at the end (“Privacy Policy”), which, among other things, explains how we seek to protect the privacy of the personal information that you provided to us through the Service.

When participating in sweepstakes or contests or other promotions (collectively, “Promotions”) offered through the Service, you are urged to review the official rules and regulations governing those Promotions (if applicable) and the Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern with respect to that Promotion.

Other than the Kiosks themselves, you are responsible for obtaining, maintaining and paying for all hardware, software, and all telecommunications and other services needed for you to use the Service.

Termination

This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Service, including any access thereto. Your use of the Service is at your sole risk. If you are dissatisfied with the Service, its content, or any of the terms, conditions, and policies of this Agreement, your sole and exclusive legal remedy is to discontinue using the Service.

If you breach any provision of this Agreement, then you may no longer use the Service.
CVS/pharmacy or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Service; (ii) remove from the Service and permanently delete and destroy any Materials (or any components thereof) that you or others may have submitted through or otherwise in connection with the Service for any reason or no reason; (iii) restrict access to the Materials submitted through or otherwise in connection with the Service; and (iv) prohibit you from any future use of the Service; all without any prior notice or liability to you or any other person.

If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Service (and any unauthorized further use of the Service), including payment of any charges accrued in connection with use of the Service and your indemnification obligations; (b) CVS/pharmacy may immediately remove from the Service and permanently delete and destroy any Materials that you or others may have submitted through or otherwise in connection with the Service without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you for unused services will not be refunded; and (d) any rights or licenses granted to us under this Agreement will survive such termination.

Proprietary Rights

Subject to your compliance with this Agreement, CVS/pharmacy grants to you, solely for so long as you are permitted by us to use the Service, a limited, revocable, non-exclusive, non-transferable license to access, use, and display the Service (including any content or other materials generally made available through the Service to users of the Service) solely for your personal, non-commercial use. No title, rights, or interests in any content or other materials made available by the Service are afforded to you.

As between you and CVS/pharmacy, CVS/pharmacy (and its suppliers and vendors) owns the Service and all the content on the Service other than Materials, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. The Service and, other than Materials, all the content on the Service is subject to trademark, service mark, copyright, and/or other intellectual property rights held by CVS/pharmacy and its suppliers and vendors. Any trademark or copyright notices may not be deleted or altered in any way. CVS/pharmacy’s trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of CVS/pharmacy, or in any manner that is likely to cause confusion or otherwise violate our rights. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.

Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of any content available through the Service other than Materials that you submit through or otherwise in connection with the Service, or posting or otherwise making available this content (including selected portions of this content) in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of CVS/pharmacy is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any purpose other than for your personal, non-commercial use the Service (including any portion thereof) or the use (including any access to) thereof, or to collect any information about Site visitors or users of the Service, or otherwise systematically download and store Service content. You represent, warrant, and agree that you will not send, submit, upload, post, reproduce, transmit, or distribute any communication, content, or Material of any type through or in connection with the Service or otherwise to CVS/pharmacy that infringes or violates any rights of any party or violates this Agreement.

If you submit or otherwise provide to CVS/pharmacy any communications, content, or Material, including, without limitation, any personal or commercial information, idea, concept, or invention, you hereby irrevocably grant to CVS/pharmacy an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute, modify, create derivative works of, and otherwise exploit such Materials in any medium and for any purpose, and you further agree that CVS/pharmacy is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to CVS/pharmacy in accordance with the foregoing license grant. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Materials, ideas, concepts, or know-how provided to CVS/pharmacy that you may have under any applicable law under any legal theory.

Electronic Communications

When you send emails or other electronic messages to us or in connection with the Service, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Telephone, Text, and Fax Policy

By providing your residential or wireless phone and/or fax number(s) to CVS/pharmacy, you expressly consent to receive marketing and non-marketing autodialed and/or prerecorded calls, text messages and faxes (including fax advertisements) from or on behalf of CVS/pharmacy at the number(s) provided. Your consent to receive calls or texts on your wireless device is not a condition of any purchase. Consent may be revoked at any time by calling the toll-free number at 1-800-SHOPCVS or faxing your opt-out request to 1-401-652-0893. You may also send an opt-out request via email to do_not_call@cvscaremark.com with the phone and/or fax number you wish to opt-out. Your wireless carrier’s standard message and data rates may apply.

Third Party Resources

The Service may reference, interact with, or make available Third Party Apps (including the Kodak Kiosk Connect app), sites, services, products, information, content, materials, merchandise, functionality, and/or other resources (“Third Party Resources”). These references, connections, and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that CVS/pharmacy does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such references, connections, or access at any time. The fact that the Service includes such references, connections or access to Third Party Resources should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Resources (such as Terms of Service or Privacy Policies of the providers of such Third Party Resources). In particular, you acknowledge and agree that, although certain Service functionality may permit you to access photographs or other Materials available through Facebook, Instagram, and/or other social media sites, such sites are Third Party Resources and we are not affiliated with, do not control nor endorse, and are not responsible for, Facebook, Instagram, or any other social media site referenced by or that interact with the Service, and your use of such sites may be subject to any terms, conditions, and policies applicable to such sites (including any materials available on such sites).

Governing Law

This Agreement, your use of the Service, all transactions through the Service, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of New York, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE (INCLUDING YOUR ACCESS TO AND USE OF THE SERVICE OR ANY RESOURCES MADE AVAILABLE IN CONNECTION WITH THE SERVICE), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CVS/PHARMACY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CVS/pharmacy will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your rights under U.S. copyright law, you (or your agent) may send to CVS/pharmacy a written notice by mail, e-mail, or fax, requesting that CVS/pharmacy remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to CVS/pharmacy a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following:

Sufficient information identifying the copyrighted work(s) believed to be infringed.
Sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit CVS/pharmacy to locate such material(s).
A statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law.
Contact information for the complaining party, including a mailing address, a telephone number, and, if available, an email address.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.

Notices and counter-notices must be sent in writing to CVS/pharmacy’s DMCA agent as follows:

DMCA Agent, Legal Department
Mail: CVS/pharmacy, One CVS Drive, Woonsocket, R.I. 02895 Mail Code 1160
Email: DMCA@cvshealth.com
Fax: 401-765-7887

CVS/pharmacy’s DMCA agent can also be reached at the following phone number: 401-765-1500.

General Information

In addition to the rights and privileges described in the terms, conditions, and policies outlined above, we further reserve the right to elect to electronically monitor areas of the Service and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate the Service, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Service.

We control the Service from our corporate offices within the United States of America, and the Service is not intended to subject CVS/pharmacy to any non-U.S. jurisdiction or law. By using (including any access to) the Service you agree that such use (including any such access) is subject to the terms, conditions, and policies of this Agreement as well as applicable laws. The Service may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States of America. Any portion of the Service or any other product or service provided by CVS/pharmacy is void where and to the extent prohibited by law, and you may not use the Service where it would be illegal to do so. We may limit the availability of the Service at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

Our failure to insist upon strict performance of any provision of this Agreement shall not be construed as an implicit waiver of any provision or right.

If any part of this Agreement is ruled to be unenforceable, then such part shall be severed, with the remainder of the Agreement remaining in full force and effect. This Agreement constitutes the entire agreement between you and CVS/pharmacy governing your use of the Service. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that CVS/pharmacy does not endorse any of the products or services listed on such site.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you have a question or complaint regarding the Service, please contact us as follows:

CVS Health Corporation
1 CVS Drive
Woonsocket, R.I. 02895
Telephone: (888) 607-4287

Effective Date: 5/24/2016

This Privacy Policy describes the practices of CVS Pharmacy, Inc. (“CVS,” “we” or “us”) in connection with the photo kiosk from which you are accessing this Privacy Policy (the “Service”). By using the Service, you agree to the terms of this Privacy Policy. If you have any questions or concerns about this Privacy Policy, or about the way your information is collected and used, please call us toll-free at (888) 607-4287. This Privacy Policy does not govern any other website, app or online service operated by CVS or any of its affiliates, including, without limitation, www.cvs.com/photo.

This Privacy Policy does not govern any apps (including services available through apps) operated by Kodak Alaris Inc. (“Kodak”) or its affiliates (including, without limitation, the Kodak Kiosk Connect App), the use of any of which is governed by Kodak’s own separate privacy policy(-ies), and regardless of whether such Kodak app(s) is or are used in connection with the Service.

We may change this Privacy Policy. The “Effective Date” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Service. Your use of the Service following these changes means that you accept the revised Privacy Policy.

Who May Use the Service

The Service is not directed to users under the age of 13. We do not knowingly collect personal information online from any person we know to be under the age of 13 and instruct users under 13 not to send us any information to or through the Service.

The Personal Information We Collect

We want you to understand how personal information you provide to us is collected and used. We collect and store your personal information when you provide it to us or to our service providers, such as in the following situations:

Transactions: We or our service providers collect personal information from you when you enter into a transaction with us, such as when you use the kiosk to print your photos.

Contact Information: CVS collects personal information from users of the Service who are interested in receiving information about our products or services, such as e-mail alerts, newsletters, and other notifications.

Surveys: From time to time, CVS requests information from users via surveys on the Service. Participation in these surveys is voluntary, and the information collected is used in accordance with this Privacy Policy.

If you submit any personal information relating to other people in connection with the Service, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

We may combine the information collected from you through the Service with information we receive from and about you from other online and offline sources, such as in our stores, and use the combined information in accordance with this Privacy Policy. Our goal is to offer you content, advertisements, products, and services that are most likely to appeal to you.

Use and Disclosure of Personal Information

We use your personal information to respond to your requests, such as to process your photo order, contact you with information about your order, send you email alerts, send you newsletters, and to provide you with related customer service. We may also use your information to send marketing communications and administrative information to you.

We may use personal information to personalize your experience on the Service, including by presenting products and offers tailored to you, and for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing our Service and new products and services, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.

In the event that CVS or some or all of our business, assets or stock are sold or transferred (including in connection with any bankruptcy or similar proceedings) or used as security, or to the extent we engage in business negotiations with third parties, personal information may be transferred to or shared with third parties as part of any such transaction or negotiation.

To the extent permitted by applicable law, we may provide personal information to our affiliated businesses or to our business partners, who may use it to send you marketing and other communications.

We may disclose personal information to our service providers, who provide services such as website hosting, data analysis, order fulfilment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.

If we are requested by law enforcement officials or judicial authorities to provide personal information, we may do so. In matters involving claims of personal or public safety or in litigation where the information is pertinent (including to allow us to pursue available remedies or limit the damages that we may sustain), we may use or disclose personal information, including without court process. We may also use or disclose personal information to enforce our terms and conditions, to protect our operations or those of any of our affiliates, or to protect our rights, privacy, safety or property and/or that of our affiliates, you, or others.

We may use and disclose personal information to investigate security breaches or otherwise cooperate with authorities pursuant to a legal matter.

We may use and disclose information that does not personally identify you for any purpose, except to the extent limited by applicable law. If we are required to treat such information as personal information under applicable law, then we may use it for all the purposes for which we use and disclose personal information.

We may combine information that does not personally identify you with personal information. If we do, we will treat the combined information as personal information as long as it is combined.

Links

The Service may contain links to, or otherwise make available, third-party websites, services, products or other resources not operated by us or on our behalf (“Third Party Services”). These Third Party Services are provided as a convenience only and do not constitute an affiliation with, endorsement or sponsorship of the Third Party Services.

Any information you provide to such third parties is not subject to the terms of this Privacy Policy, and we are not responsible for the privacy or security of the information you provide to them or their handling of your information. We recommend that you review the privacy policy of any third party to whom you provide personal information online.

In addition, we are not responsible for the information collection, use, disclosure, or security policies and practices of other organizations, such as Apple, Google, Microsoft, RIM, or any other app developer, app provider, operating system provider, wireless service provider, or device manufacturer.

Security

We seek to use reasonable physical, technical, and administrative safeguards to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is not secure, please immediately contact us in accordance with the “Contact Information” section below.

Your Choices and Access

You can take yourself off our email list for promotional offers at any time by following the instructions contained in such emails. If you opt out of receiving promotional emails from us, we may still send you important administrative messages, from which you cannot opt out.

You can request the removal or modification of the personal information you have provided to us by sending an email to the appropriate area under “Contact Us”. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity and obtain information on the context in which you provided your personal information before implementing your request. We will try to accommodate your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

Your California Privacy Rights

If you are our customer and a California resident, you may request that we provide you with certain information about the entities with which we have shared our customers’ personal information for direct marketing purposes during the preceding calendar year. To do so, please write to us at privacyofficer@cvshealth.com.

Contact Information

If you have any questions or concerns about this statement, or about the way your information is collected and used, please call us toll-free at (888) 607-4287.

If you have any questions about the content of this Privacy Policy, please contact the CVS Health Corporation Privacy Office at the following address:

CVS Health Corporation
1 CVS Drive
Woonsocket, R.I. 02895
(888) 607-4287