Terms of Use Welcome to the Journeys Web Site ("Site"). The Site reflects the family of brands including Journeys, Journeys Kidz and Shi by Journeys (collectively Journeys ).Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site means that you agree to these rules. This Privacy Policy was lasted updated on: January 18, 2012. Changes to Privacy Policy We may from time to time change these rules. We will notify users of the Site of any changes by posting the revised policy reflecting them with a new effective date on this page. Your use of our Site following any such change means that you agree to the rules as changed. These rules--specifically including the "Customer Information Policy", "Use of Cookies", "Use of IP Addresses", and "Security" paragraphs below--apply to this website only and not to any other website or business activity of Genesco Inc. or any of its divisions, including Journeys, Journeys Kidz and/or Shi by Journeys. Customer Information Policy The Site is intended for audiences 13 years of age and above. All areas on the Journeys Site that accept personal information (email address, name, address, gender etc.) from a customer have an age verification field. If the customer is not 13 years of age or older, the information is not accepted or stored by the Site. A parent or legal guardian who is over the age of 18 may register his or her child as a member of the Journeys Kidz Birthday Club. Birthday Club members may receive promotional offers and other information about Journeys Kidz at the address provided. Journeys does collect customer information on those users who are 13 years of age or older in an effort to improve our customers' shopping experience. Journeys recognizes that it must maintain and use customer information responsibly. The information collected is used to help us respond to customer inquiries, send emails about sales and events, send catalogs and other marketing and promotional materials through the mail, contact contest winners and/or ship and bill orders. The information also helps us in determining what products appeal to our customers so we can better merchandise our site. Journeys collects personal information necessary to process an order, a catalog request, a contest 1 of 8
entry or a request to receive promotional emails from the consumer. This information includes name, address, city, state, zipcode, phone number, email address, gender (optional) and date of birth (optional). For those users who have opted to register their personal profile with the Site by setting up an account, the above information, including additional Ship To addresses, can be reviewed and maintained by the customer by accessing it through the My Account link in the top navigation bar of the Site s pages. For those customers who have not registered a maintainable account on the site, they may contact Journeys customer service at 1-888-324-6356 to have their information updated as needed. We may use customer information for marketing and promotional purposes. Each promotional email we send comes with a link that enables our customers to unsubscribe or remove themselves from our mailing list. In addition, we may from time to time make customer information available to other carefully screened companies. Categories of companies with which we may share information include other companies that we believe offer products and services that our customers may be interested in, either directly or through companies that market information about potential customers to other suppliers of products or services. If you would like to make sure that we make every effort not to share your email address or other information with third parties, just send an email message to journeysremove@genesco.com. Please specify which of the Journeys brands (Journeys, Journeys Kidz and/or Shi by Journeys) from which you would no longer like to receive messages. When we offer contests or promotions, or join with other companies to do so, visitors who choose to participate in these contests and promotions may be asked to provide personal information to participate. That information may then be used by us and any company offering the contest or promotions to notify winners or to fulfill promotional obligations. We may use third parties to perform services such as mailing catalogs and other marketing and promotional materials on our behalf. We will supply customer information to those third parties to the extent necessary to enable them to perform the services we have engaged them to provide. Journeys Text Alerts (SMS) Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. 57697 (JRNYS) does not charge for any content however downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider. Mobile operators participating in this campaign include AT&T, Verizon Wireless, Sprint, Nextel, Boost, US Cellular, Cellular One Dobson, Cincinnati Bell, Virgin Mobile USA, Unicel, Centennial, Ntelos, Alltel and T-Mobile. By subscribing, you consent to receiving up to 4 SMS messages per month from 57697. Text messages may include offers from Journeys, our affiliates, and partners. Message and Data Rates may apply. For help or information on this program send HELP to 57697. You can unsubscribe at any 2 of 8
time from all services by sending STOP to 57697. For additonal assistance, contact customer service at 1-800-423-6052 or access support through our contact us page You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality. The service is available only in the United States. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time. If you have any questions, email the address or call 1-800-423-6052. You can also text the word HELP or INFO to 57697 to get additional information about the service. We do not charge for help or info messages; however, your normal carrier rates apply. Third Party Integrated Solutions In addition to the third-party service providers discussed elsewhere in this policy, Journeys uses carfully selected third-party solution providers on its website to offer specific functionality that help improve the shopping experience for its customers. As a result, there are occasions where the Site must share customer information with one or more of those providers in order for their software to function as expected and provide our customers with the expected benefit. In addition to the 3 of 8
third-party payment and email opt-in services which are made available through the site, Journeys currently uses the three third-party providers listed below, each of which has access to some customer information as described. The companies listed have committed to Journeys to adhere to our Customer Information Policy and, in some cases, have also listed a link to their own company policy. MyBuys: Journeys uses MyBuys to collect information regarding consumer preferences related to Journeys' products and the Site in order to merchandise the Site effectively and make product recommendations to the Site's customers. MyBuys may use cookies and transparent GIF files to collect information on the Journeys' website as part of the service. Consumers may review MyBuys' privacy policy at http://www.mybuys.com/privacy.html. International Checkout: Journeys allows international shoppers to obtain our products through the use of International Checkout. When a customer on the Site chooses the International Checkout option, the products in the Site's shopping cart are transferred to an International Checkout cart. The transaction then takes place completely on the InternationalCheckout.com website. Your California Privacy Rights California Civil Code Section 1798.83, also known as S.B. 27, allows our California customers to request certain information regarding our disclosures, if any, of personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at either journeysremove@genesco.com or Genesco Retail Direct, Genesco Inc., 1415 Murfreesboro Rd, Suite 503, Nashville, TN 37217 and include your name and the address to which you would like us to respond. We will attempt to provide you with the requested information within thirty days of receipt. Use Of Cookies What is a cookie? A cookie is a piece of information that is sent to your computer's hard drive to help our site recognize you when you return to our Site. Cookies are used as a standard practice by many sites. An example of how we use this function could be if you started to place items in your shopping cart, but then for some reason had to leave our Site or shut off your computer. When you return to our Site, the cookie would enable our Site to recognize that you have returned and all the items you placed in your cart during an earlier session would still be in your shopping cart. We also use cookies to determine the number of people that come to our Site. It is important for us to understand the number of new customers using our Site. When your computer accepts the cookie, we are able to record that session as a new visitor to our Site. 4 of 8
As important as cookies are to our Site, we understand that this might make you uncomfortable. If you would prefer to not accept cookies from ours or any other Site, you can modify the setting on your specific web browser to not accept them. Please refer to your browser's online help feature or the user's manual for instructions on how to do this. Use Of IP Addresses An IP address is a number automatically assigned to your computer whenever you get on to the internet. Your computer's IP address is used by our Site for administration purposes and to report aggregate traffic information to our affiliates and advertisers. Our Site does not tie personal information to an IP address. Security While no online transaction is 100% secure, Journeys strives to protect your personal information to the best of our ability. All orders submitted use the Secure Checkout feature on our Site. This feature uses the industry standard, SSL (secure socket layer) encryption to protect any personal information including your credit card number. Site Contents Except for brand names and trademarks of third-party vendors of merchandise featured on the Site, or unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Genesco Inc. (the "Company"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company. Journeys and all related trademarks appearing at this Site are trademarks of the Company. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. User Comments, Feedback, Postcards And Other Submissions All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or 5 of 8
offered to the Company on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the Company's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are solely responsible for the content of any Comments you make. Certain features of this website, including but not limited to the product reviews feature, are provided by third parties and may involve the access and use of third party websites, which are governed by their own terms and conditions and their own privacy policies. In such cases, the terms and conditions and privacy policies applicable to those sites, rather than the terms and conditions and privacy policies applicable to this Site, will control. You agree that the Company may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. Product Information The products displayed at the Site are available in select Journeys stores in the United States while supplies last. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Colors We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Links To Other Web Sites And Services This Site may contain links to outside services and resources, the availability and content of which the Company does not control. Any concerns regarding any such service or resource, or any link 6 of 8
thereto, should be directed to the particular outside service or resource. The privacy policy, terms of use and other conditions of access specified on or applicable to any third party site will govern access and use of such site, the site owner's use of information obtained from users, etc. Disclaimer THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. Indemnification You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. Miscellaneous This Site is controlled and operated by the Company from its offices in Nashville, Tennessee. This Agreement shall be construed in accordance with the laws of the State of Tennessee, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Tennessee, County of Davidson and/or the Middle District of Tennessee. Termination This Agreement is effective unless and until terminated by either you or the Company. Either of us may terminate this Agreement at any time without notice. RSS feeds Individuals may use the Site s RSS feeds free of charge for their personal, non-commercial use only. Journeys reserves the right to disable, to change, or to cease distribution of these RSS feeds at any time, and reserves the right to require individuals to cease any and all use of these feeds at any time for any reason. To request permission to make commercial use of the Site s RSS feeds, please 7 of 8
submit your request by filling out our online form found at Comments About Our Site. Journeys will consider such submitted requests, but is not obligated to grant any specific permission request. REMEMBER -- IF YOU REGISTER WITH THE SITE, SIGN UP FOR FREE E-MAIL, PURCHASE SOMETHING FROM JOURNEYS, OR ENTER ANY OF OUR CONTESTS, YOU AGREE TO THESE TERMS. AS WE UPDATE AND EXPAND OUR SERVICES, THIS POLICY MIGHT CHANGE, SO CHECK IT OUT FROM TIME TO TIME. 8 of 8