Under no circumstances will we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third party users be liable for any loss or damage caused by your reliance on such information obtained through our Forums. Portions of our Sites and Apps are covered by the U.S. Our Privacy Notice only applies to our Sites and Apps, and we are not responsible for the privacy practices, security standards, or content of other sites. 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. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. 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. You may upgrade your plan at any time by accessing the Settings section of the Shutterfly Photos area of the Site (photos.shutterfly.com). Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. How to use Shutterstock's Al image generator. YOU AND SHUTTERFLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Order a package that includes digital delivery and the images youve selected in this package will be available digitally on Shutterfly.com. 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 do not have a Shutterfly account, the email will direct you to create one. Title. What is the SmileSafe A Lifetouch Program child safety program? 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. It did not deny any verified requests or receive any do not sell requests. Does Shutterfly use my photos in advertisements? Digital Albums - JCPenney Portraits 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. If you have a Shutterfly account, you control how long it remains active. Shutterfly will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax laws), resolve disputes, perform and enforce our agreements, and as otherwise described in this Notice. 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. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. For example, if you purchase your childs first grade school photo, and Lifetouch photographs your child the following year, we may associate that photo with you and make the digital image available to you to purchase and store in your Shutterfly account. 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. If you no longer want Shutterfly to use your information to provide the Services to you, you may close your account. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST CANCEL YOUR PROGRAM MEMBERSHIP. Some Lifetouch-provided websites, applications and online services are designed for the use and benefit of the schools and school districts for administrative and educational purposes and used by or at the direction of teachers or other school or district employees (each a Lifetouch K-12 Application). Perfect for printing on a variety of products and prints up to 8x10. No. You grant us a fully paid, worldwide, non-exclusive right and license to use your owned or licensed copyrights, logos, insignia, trademarks, and other artistic designs contained in the specific materials submitted to us for the purpose of providing the Custom Design Services and the Custom Designed Product. 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. 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. This information may be collected directly from you (for example, when you complete our forms or enter your information on our websites to make a purchase) or indirectly through your device or browser when you visit our Sites and Apps. Lifetouch Sports sends an email with the Digital Image Code that enables a download of the portrait taken during the Sports Picture Day. Before you upload and/or share personal information of others through our service, please ensure that you have the consent of such persons to do so. Note to Schools and Parents about Lifetouch Pre K-12 Applications. As of the date this Notice was last updated, Lifetouch has assisted with more than 2,000 searches and has contributed to the successful recovery of 56 children from 24 states as a direct result of the SmileSafe child safety program. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps. If you would like to appeal a decision related to a request to exercise your rights under this Supplemental Notice, please contact us at the phone numbers, online forms, or email address listed above. Lifetouch Orders - Shutterfly Shutterfly Studio helps consumers view, organize and edit their pictures . PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS. 1. Shutterfly | Lifetouch By enrolling in the Video Plan, you expressly allow us to charge a fee to the payment method (Payment Method) you selected during purchase (or to a different Payment Method if you change your billing information) at the then-current rate, and any other charges or taxes that may apply in connection with your use of the service. 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. Enhance your curriculum to make it more exciting for your students with our personalized lesson plans. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. The laws of California, Virginia, Colorado and Connecticut grant some or all of the following rights to consumers who reside in those states: To exercise your rights pursuant to this Supplemental Notice with respect to one of more of our brands, please contact us as follows: We cannot respond to your request to access or delete information unless we are able to both verify your identity or authority to make the request and confirm the personal information relates to you and/or your household. From time to time, we may offer you promotions that provide a discount on Video Plans or make Video Plans free for a period of time. As part of our services such as Shutterfly Share Sites we may provide you with access to and use of certain personalized pages and the corresponding web addresses (URLs) you choose. You may not transfer or assign your membership in the Video Plan, allow third parties to use your Video Plan membership, or use your Video Plan membership to ship videos on behalf of third parties. A school, through its authorized representative, may elect to allow students to contribute to the school yearbook using a Lifetouch Yearbooks application. If Shutterfly and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Shutterfly may (i) commence an arbitration proceeding or (ii) file a claim in small claims court for individual disputes or claims within the scope of that courts jurisdiction. You may also downgrade your plan at any time by contacting customer support at ourHelp Center. To create an account go to SIGN UP at Shutterfly. Our Sites and Apps use pixel tags, web beacons, and similar tracking technologies (collectively referred to as Cookies) that are created when you use our online services and are stored on your computer or mobile device. As part of our agreement with your childs school, Lifetouch provides various services that support the schools administrative needs, which may include student ID cards for lunch, library and transportation purposes and digital images for the school to use for student recognition, awards, teacher tools, yearbooks, memory books and class composites. You and Shutterfly agree that if any claim or cause of action arising out of or relating in any way to the Shutterfly service or these Terms of Use has a statute of limitations in excess of two years, such claim or cause of action must be filed within two years after the claim or cause of action has accrued or it will be forever barred. You agree and represent to us (i) that you are the sole author of the Social Media Submission(s); (ii) if the Social Media Submission(s) include any photos, you are the photographer of the photos or you have secured the rights from the photographer necessary to allow you to grant the rights granted herein; (iii) if the Social Media Submission(s) include any photos of people, you have permission from each person who appears in the Social Media Submission(s) to grant the rights granted herein; (iv) the use of the Social Media Submission(s) as permitted hereunder will not violate or infringe upon the rights of any party or violate any law; (v) you have the full and exclusive right and authority to agree to the terms hereto; and (vi) you are eighteen years old or older. In such cases, we may, at our option, provide you with another web page and URL. 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. If you delete Shutterfly photos from your account, they will be removed from your Shutterfly app and web interface immediately, and we will permanently delete them from our system in the regular course of business. Lifetouch does not share its photographs with law enforcement unless a parent or guardian has expressly requested us do so in accordance with our SmileSafe child safety program or on an exceptional basis pursuant to legal process. See Shutterfly photo storage for more details. 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? Use the Share Sites for the sale of goods or services. Your and Shutterflys right to recover attorneys fees, costs and arbitration fees, shall be governed the laws that apply to the parties dispute, as well as any applicable arbitration rules. Changes in the subscription fee for the Video Plans will be applied for renewal periods; however, you will not be charged any new or different fees unless we obtain your prior agreement to pay such additional fees. Phone: 9528264928. If you are a California resident under the age of 18, and a registered user of any site where this Notice is posted, you may request and obtain removal of content or information you have publicly posted on such site. Depending on the terms of your promotional offer, you may be enrolled into a Video Plan following the expiration of your promotional period unless you cancel prior to the end of the promotional period. Lifetouch + Shutterfly - Digital Delivery & Account Linking. We may share personal information in the following situations. 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. Shutterfly Photos helps you gather and organize your photos and videos so you can easily find, share and enjoy them anywhere. creating-an-account-1. 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. We may also share Lifetouch school photographs with law enforcement in accordance with our SmileSafe child safety program. Shutterfly will retain your photos for as long as you maintain Active Participation with us. However, if you purchase a digital image or are eligible to receive a digital image through a promotion or loyalty program, you will need a Shutterfly account to claim such digital images. Try for free Images Video Music Templates Editorial 3D Models We have a wide variety of tools to empower your students to express their creativity. If a child is missing, the parent or guardian of that child can request through NCMEC that a Lifetouch photograph of their child be provided to aid search efforts. To download an image from your Shutterfly Account on the mobile web browser, access 'My Photos.' The next steps depend on your Device. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, or provide content that may be objectionable to you. Access or attempt to access images that are not your images or accounts that you do not own, unless given permission by the image subject (or, in the case of a minor, the image subjects parent or legal guardian); Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others privacy rights or rights of publicity; Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information; Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of hacking or defacing any portion our Sites and Apps; Violate any applicable laws or regulations; Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third partys intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); Use our Sites or Apps to store, transfer, or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to operate a photography business or other commercial service; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items; Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and.
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