), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age without the consent of their educational institution or the childs parent or guardian. Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable. If my Lifetouch account is merged to a Shutterfly account will the digital image be available in the Shutterfly account? You can also opt out of Google cookies by installingGoogle Analytics opt-out browser add-onhttps://tools.google.com/dlpage/gaoptout, and/or theGoogle Advertising Cookie out-out browser add-on. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our Sites and Apps or others. If you choose not to accept cookies or trackers used for analytics and site functionality, you will not be able to enjoy all the features available to our registered users. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). 1. Prints and other products in your order will be mailed home. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individuals likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individuals parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). YOU MAY ONLY CANCEL YOUR VIDEO PLAN WITHIN THE FIRST 30 DAYS AFTER THE START OF YOUR VIDEO PLAN. Shutterfly may ask that you authorize us to use certain content or posts (including photos or videos) uploaded to your social media profile(s) (Post(s)), as detailed herein. You will be billed at the start of your Video Plan and each year thereafter, unless and until you cancel your subscription. Photos you upload to Shutterfly may be incorporated into product recommendations that appear on your Shutterfly homepage or in communications we send to you, but these photos arent used in public advertising, and only you will receive customized product recommendations made using your photos. IF YOU CANCEL YOUR VIDEO PLAN WITHIN THE FIRST THIRTY (30) DAYS OF THE START OF THE VIDEO PLAN, YOU WILL RECEIVE A FULL REFUND. This Notice also addresses information we collect from you when you schedule an appointment to be photographed by Lifetouch at one of our photography studios or events, when you contact one of our customer service representatives, or when you respond to a survey or enter a contest or sweepstakes that we administer. Welcome to Shutterfly for School, the one-stop resource for parents and teachers everywhere who are in need of school, classroom, and educational products to make their jobs easier to enhance their students learning experience. All trademarks and service marks on any of our Sites and Apps not owned by us are the property of their respective owners. Our Sites and Apps are hosted in the United States. If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Supplemental Notice to Visitors from outside of the United States. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. You understand that Permitted Parties shall be under no obligation to exercise the rights granted herein. As a part of the Shutterfly family of brands, Lifetouch delivers all digital images to customers via the Shutterfly.com secure photo platform. If any such change is found to be unenforceable, void, invalid, it is severable and does not affect the validity and enforceability of any remaining changes or conditions. What personal information do we collect? If you already have a Shutterfly account, youll simply log in to access your digital images. If you choose to purchase your childs school photos from Lifetouch, the personal information you provide to us will be treated as customer information and used as described in ourPrivacy Notice. The Site or App you register with may provide single sign-on functionality; this allows us to offer features such as the ability to use your Shutterfly account credentials across our integrated Sites and Apps where available, and to merge your accounts so you may, for example, seamlessly add your Lifetouch professional photos to your Shutterfly YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Perfect for printing on a variety of products and prints up to 8x10. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Once purchased, you will receive an email notification from Lifetouch + Shutterfly within 24-28 hours that will allow you to claim and view your digital images plus enhancements. All information that you provide to us or our third party payment processor must be accurate, current and complete. While using any of our Sites and Apps, you agree not to: You may create a member account with any of our Sites and Apps by registering your name, providing certain information about yourself, and creating a password. How do we use that information? Parents and Legal Guardians can use the Student ID to claim your student to your Mylifetouch.com or Mylifetouch.ca account. Using Shutterfly's Classroom Share sites parents can keep up with what's going on in their child's life in school, whether they're in the classroom, on field trips or engaged in some other type of educational activity. One or more of our brands may offer you the opportunity to engage with our designers (Custom Design Services) to create a Custom Design for a specific product (Custom Designed Product). Phone: 9528264928. Instead, we share only your search terms you use to find the video to download through YouTubes API Services. Perfect for printing on a variety of products and prints up to 8x10. Shutterfly | Photo Books, Cards, Prints, Wall Art, Gifts, Wedding Photo Books Cards & Stationery Home Decor Prints Gifts Wall Art Graduation Wedding Deals More 104732 EXTENDED Left For 50% Off All Cards Shop Now > 50% Off All Cards Share your senior's good news with announcements and invites that match their personality. Unless otherwise specified, the automatically renewed plan will be for the same term and will be at the same price and at the same service level as your prior plan. Some jurisdictions provide additional legal rights, as described in our Supplemental Notices below. This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. This arbitration provision shall survive termination of this Agreement and the termination of your Shutterfly account. With respect to Lifetouch Pre K-12 Applications, Lifetouch will: If you are an authorized user of a Lifetouch Pre K-12 Application, please refer to the Terms of Service linked to from that service or contact us through your Lifetouch school account representative for further information. If you no longer want Shutterfly to use your information to provide the Services to you, you may close your account. For information about what categories of personal information we may collect from our customers, the sources of that information, the purposes for collecting and using that information, and what types of third party service providers we may share that information with, please see our section titledWhat personal information do we collect? Enter your Picture Day ID found on your ordering sheet. Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. YOUR CONTINUED USE OF ANY OF THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (Third Party Properties). Without limiting the foregoing, Shutterfly may terminate your membership in the Video Plan if you violate the Terms or any applicable law, terms and conditions of any services offered by us, or if your use of our services or the Video Plan is determined, in our discretion, to involve fraud or misuse. Lifetouch Pre K-12 Applications include the Lifetouch Portal for school administrators and our Lifetouch Yearbooks applications and online tools. If you no longer want to receive marketing communications from us, you can unsubscribe by following instructions contained in the messages you receive, by changing your marketing preferences through your Account Settings, or by contacting us through the Contact Us page of any of our brands. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shutterfly are each waiving the right to a trial by jury or to participate in a class action. If necessary, we may also share information with law enforcement without a subpoena or similar judicial process if doing so may help protect the personal safety of a customer, a photo subject, or members of the public. Other sites may provide links to our Sites and Apps with or without our authorization. How do we use that information? Shutterfly Share Sites allows you to add content from YouTube to your own Share Site, and we use YouTube API Services to provide that content. By placing an order, you represent that the products ordered will be used only in a lawful manner. If you have any questions about what information your organization shares with Lifetouch for Picture Day or for use in any products provided to your organization, please contact your organization directly. If you use Shutterflys Share Sites, you have the option to upload videos from YouTube to your Share Site. These FAQs are intended to provide answers to questions that you may have about Lifetouchs use of such information and to demonstrate Lifetouchs commitment to your childs privacy and security. This section explains how Lifetouch collects and uses student information for Picture Day, as well as in connection with websites, applications and online services offered by Lifetouch for the use and benefit of the schools and school districts for their administrative and educational purposes. We reserve the right to ship partial orders (at no additional cost to you). We use your information to fulfill product orders, to customize and improve the advertising and content you see, to offer suggestions for personalized products based on your content, to deliver marketing communications and promotional materials that you may be interested in, to contact you and provide customer service, to protect the security or integrity of our databases or websites, to detect and prevent fraud or illegal activity, to take precautions against liability, to detect and remediate violations of our Terms of Use or other misuse of our Sites and Apps, to develop and improve our products and services, and for internal operational purposes. As we implement new technology and introduce new services or otherwise change our privacy practices, or in response to changes in applicable laws or regulations, we may modify this Notice and provide notice to you by posting updates on this page. Lifetouch retains the basic information it collects from schools only as necessary and permissible to promote the sale of school pictures to parents, to retrieve the images to supply picture orders and to support the school for an approved administrative purpose. 6501 et seq. The photos and other content that you upload to your Shutterfly account (Your Content) may include personal information about you or others, and this section of our Privacy Center addresses frequently asked questions about Your Content. If you are currently enrolled in an annual Video Plan, we will inform you by email before automatically renewing your Video Plan. Schools ultimately decide how much, or how little, information is used in producing School Service Items. Then type it into the search bar. If you have a Shutterfly account, you control how long it remains active. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through our Sites and Apps. As soon as your Lifetouch digital image is ready, youll receive an email directing you to shutterfly.com. DMCA notices and counter-notices regarding our Sites and Apps, or notices concerning trademark use in personalized products we make or in our Sites and Apps, should be sent to: Shutterfly, LLC If ordering digital images only, all session images are provided but do . We will grant you a fully-paid, worldwide, non-exclusive right and license to use the Custom Designed Product, provided you have paid for the Custom Design Services in full. You will also be responsible for paying any applicable taxes relating to your purchases. How long does Lifetouch keep photos? Our Sites and Apps are controlled and operated from the United States. Our service providers may also show you advertisements for our products and services on other websites, and may combine this information with other information those service providers have gathered about your visits to those other websites so that the advertisements you receive are more likely to be of interest to you. If you downgrade your plan, you may be unable to upload video content in excess of the limits of your downgraded plan and may no longer have access to certain features. Lifetouch will respond on a 24/7 basis to aid search efforts. You agree that it is your responsibility to keep your Payment Method up-to-date. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. If you have an account on any of our Sites and Apps, we will verify your identity by having you log in to your account. If you do not have a Shutterfly account, the email will direct you to create one. Supplemental Notice to Residents of Nevada. Not without permission of the photo subject. 2. Cookies help us personalize your experience and save time during checkout. To sign up for your free Shutterfly account, click here - or click the "Sign up" link at the top of any Shutterfly page. Do Not Sell or Share My Personal Information. How long do we retain the personal information we collect about you? Upon termination, Shutterfly may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. To place an order with a customer service representative please call us toll-free at 1-800-736-4775. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. Please check back periodically to view any updates. A school, through its authorized representative, may elect to allow students to contribute to the school yearbook using a Lifetouch Yearbooks application. While using our services, you have the option of granting us access to your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Google Photos, Flickr, Twitter, SmugMug, and others (each, an SNS). Your signature, which may be provided electronically by typing your name, Identification of the material that has been removed or to which access has been disabled. View our Privacy Policy by visiting:https://sflyincprd.wpengine.com/privacy/. In such event, you may no longer be allowed to upload additional Video Content. IT IS YOUR RESPONSIBILITY TO BACK-UP YOUR VIDEO CONTENT PRIOR TO THE CANCELLATION, EXPIRATION, DOWNGRADE OR TERMINATION. We also use the information we collect to compile statistics about our visitors and their use of our site to monitor site traffic, develop marketing programs, and improve our website design and content. Your membership in other organizations and/or retail membership programs we partner with may entitle you to special offers on our Sites and Apps, in which case we share offer redemption information (which may include your information) with the partner as necessary to fulfill our contractual obligations. Enter your Picture Day ID, which is unique to your school. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. THIRD-PARTY SITES, SOFTWARE AND SERVICES. See Shutterfly photo storage for more details. If you are a user of Shutterfly Share Sites, please be aware that Shutterfly will be discontinuing the Share Site service in March, and more information will be made available soon. At Shutterfly and Lifetouch, Pictures are the Big Picture. See YouTubes Terms of Servicehere. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system. If you choose to like or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. The fees for Video Plans will vary depending on storage capacity and other features. By creating an online account, using our services, or making a purchase with any of our brands, you acknowledge that you have read and agree to this Privacy Notice. Those who choose to access Shutterfly do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. Additionally, your information may be transferred to another organization if, for example, we transfer the ownership or operation of the Sites and Apps because we have merged with or have been acquired by another organization, or if we liquidate our assets. Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Sites and Apps, either independently of, or in conjunction with, our internally developed concepts. You can also navigate to My Photos, select a single or multiple photos and click the download button. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Sites and Apps, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. If you do not have an account on our Sites and Apps, we will attempt to verify your request by asking you to provide identifying information that we will match to information in our files. creating-an-account-1. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. We and our service providers collect information about how you use our services for example what web or mobile pages you have viewed to analyze trends, generate analytics, provide a better user experience, improve our products and services, detect and prevent fraud or security incidents and gather broad demographic information for aggregate use. For a Shutterfly 5-by-7, you pay 99 cents, and an 8-by-10 costs $3.95. Your use of our Sites and Apps is also subject to our Terms and Conditions. Images may be removed from the website on June 15th of your graduation year but can still be ordered by phone up to 18 months after your photography session. You can also designate an authorized agent to make a request on your behalf. We offer a variety of custom and personalized cards, invitations, announcements, photo books, and gifts for you to use to increase contributions for your school. The following Additional Terms apply to customers of Lifetouch professional photographs taken in portrait studios, schools, businesses and other organizations that Lifetouch serves. You may request the Custom Design be applied to any of our current product offerings. We expressly reserve the right to suspend or terminate your membership and subscription in the event we are unable to charge to your Payment Method. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site and through our Apps. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. You may also downgrade your plan at any time by contacting customer support at ourHelp Center. 2. Shortly after your session, you will receive an email from JCPenney Portraits that your high-res images are available to claim on Shutterfly. NOTE: THESE TERMS OF USE CONTAINS AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE ARBITRATION SECTION BELOW (SECTION 19) THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES. If you register for membership in the Video Plan or use the Video Plan, you accept these Terms. If you log into your account with any of our brands through a social media site, we will also have access to certain information from that site, such as your name, account information and profile photo, in accordance with the sites account verification procedures. The information we need for Picture Day depends upon the specific services and deliverables Lifetouch is providing your school. Customers who placed orders that include digital images using a paper order form can visit shutterfly.com/claim and enter the Portrait ID and Access code that is included in your portrait packet to retrieve their images. You also certify that any statements made by you in the Social Media Submission(s) reflect your honest opinions, findings, beliefs or experiences. Yes schools and preschools across the United States and Canada entrust Lifetouch to photograph students and staff as part of the time-honored tradition of Picture Day. You also have the ability to download and/or delete some or all of the photos in your account at any time. Shutterfly Photos. In the event that you continue to have video content in excess of the limits for your plan level, you will be prompted to either upgrade your plan or delete video content to free up storage. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors. Snapfish again has the best price at 69 cents for a 5-by-7 print. Shutterfly did not deny any verified requests or receive any do not sell requests. You may upgrade your plan at any time by accessing the Settings section of the Shutterfly Photos area of the Site (photos.shutterfly.com). If any provision of these Terms, or the application thereof to any person, place or circumstance, will be or are held to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. We may also collect your information in order to incorporate it into other items that we are providing to your organization. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law (e.g., as a fair use); and. By agreeing to these terms by responding to Shutterflys request with the hashtag #YesShutterfly, you hereby agrere to these Terms of Use and grant to us and our licensees, designees, successors, agents, and assigns (collectively, Permitted Parties) the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free, fully-paid up right and license to use, publish, transmit, reproduce, copy, and adapt the Post(s), as well as your username, name, picture, likeness, social media handle, caption, comments and statements in connection with any use of your Post(s) (which all, collectively, shall be defined with the Post(s) as Social Media Submission(s)), edited or altered as the Permitted Parties see fit, throughout the world, including but not limited to on Permitted Parties social media platforms, in-app content, and on other domains, properties, or websites owned or licensed by the Permitted Parties, for any lawful purposes, including, without limitation, for purposes of advertising or trade and you waive any applicable moral rights you may have under the laws of the jurisdiction in which you reside, in and to the Post(s), in favor of the Permitted Parties.
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