The Shutterfly Promise. Shutterfly is part of theShutterfly family of companies and brands. By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site and through our Apps. We will honor a parents image deletion request, subject to verification and authorization of the school when deletion would impact our ability to deliver an item or service requested by the school. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. We may also obtain data that is publicly available or from third party sources, such as address verification services or third-party marketing database partners, to improve the accuracy of and add to what we know about our customers and prospective customers. Read Our Shutterfly Promise . Edit the image using features like Zoom out, if you like. How long does Shutterfly keep my photos? The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that partys individual claim. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Some Forum participants may use anonymous screen names and may have no other connection with us or any of our family of brands. Changes to our Notice will become effective when posted. You can also navigate to My Photos, select a single or multiple photos and click the download button. 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. Your use of our Sites and Apps is also subject to our Terms and Conditions. We reserve the right to ship partial orders (at no additional cost to you). This arbitration provision shall survive termination of this Agreement and the termination of your Shutterfly account. Enter your Picture Day ID, which is unique to your school. Digital Camera Resolution Settings. 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. Terms of Use | SHUTTERFLY 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. The Best Online Photo Printing Services for 2023 | PCMag For example, a directory that we produce for your employer or your university may have your contact information or other information about you. Lifetouch Pictures on Shutterfly If you make choices and return to our site from a different browser or machine, you will need to repeat these choices. We may receive your email or mailing address in order to deliver Picture Day-related communications on behalf of the school. 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. Educators and parents can transform the success of their fundraising efforts with our Storefront for School. Effortlessly gather, quickly find, and magically create. The arbitrator is bound by the terms of this Agreement. You may upgrade your plan at any time by accessing the Settings section of the Shutterfly Photos area of the Site (photos.shutterfly.com). 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. Yes, if the Lifetouch and Shutterfly accounts are merged any purchased the Digital Image will . Shutterfly review | Tom's Guide 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 SPECIFICALLY ACKNOWLEDGE THAT THE SHUTTERFLY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. INTRODUCING LIFETOUCH DIGITAL IMAGE DELIVERY ON SHUTTERFLY Each year you purchase a package with digital images on mylifetouch.com, your child's digital school picture will be delivered to your Shutterfly account and saved with Shutterfly's secure photo storage. 6501 et seq. These services are provided throughout the school year. It did not deny any verified requests or receive any do not sell requests. We may also collect your information in order to incorporate it into other items that we are providing to your organization. Lifetouch + Shutterfly K-12 - Lifetouch Inc. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE SHUTTERFLY PARTIES) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE SHUTTERFLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. A class of Illinois individuals who claimed that Shutterfly, Inc. illegally gathered and maintained their biometric data without their consent, in violation of Illinois BIPA privacy law, have reached a $6.75 million settlement. If you purchase a digital image, you will receive a copy authorization form that permits you and your authorized service providers to use and reproduce the image for any legal purpose. 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 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. But, if you are curious, YouTube is owned by Google, and you can view Googles privacy policyhere. In those cases, the new companys use of your information will still be subject to this Notice and the privacy preferences you have expressed to us. We may share personal information in the following situations. Shutterfly 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. In accordance with the Federal Childrens Online Privacy Protection Act of 1998 (COPPA, 15 U.S.C. The parties agree that the notice required by this Section is a material provision of these Terms. For further information regarding this website privacy statement or related Shutterfly or Lifetouch policies and procedures, please contact:privacy@shutterfly.com. If a parent or guardian becomes aware that their child has provided such information through our websites or apps, the parent or guardian should contact us in writing at legal@shutterfly.comso that we may respond appropriately. 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. Digital images remain in the consumer's Shutterfly account forever, giving families a comprehensive album of school pictures. For more information about the privacy practices of any social media sites that you may use to log in to your account or to interact with our brands, you should review the privacy notice of that social media site and check your privacy settings through that site. By placing an order, you represent that the products ordered will be used only in a lawful manner. For listings, please provide the listing URL to each item before it was removed or disabled, A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material. 2022-2023 School Year / LifeTouch partners with Shutterfly Finally, certain offline or online services, promotions, events and features may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising or in person, and those additional terms and conditions are incorporated herein by reference. But under California law, sharing information with third parties for targeted advertising purposes may be considered a sale of personal information. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Promotion. Any such information will be treated as described in ourPrivacy Policy. For more information about these tools please visit:NAI Opt-Out PageandDAA Opt-Out Page. 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 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. For . We also work with third party retail partners such as JCPenney when we operate professional photography studios within their stores, and if you are photographed in these studios, we will share your information with our retail partner. Each browser is different, so you should check your browsers Help menu to learn how to change these preferences. To sign up for your free Shutterfly account, click here - or click the "Sign up" link at the top of any Shutterfly page. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Shutterfly Can't Dodge Illinois Class Action Over Face Scans We may also receive your email or mailing address in order to deliver Picture Day-related communications on behalf of your organization. We will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed Product. If you elect to seek arbitration or file a small claim court action, you must first send to Shutterfly, by certified mail, a written Notice of your claim (Notice). The Notice to Shutterfly must be addressed to: General Counsel, Shutterfly, LLC, 10 Almaden Blvd., Suite 900, San Jose, CA 95113 (Notice Address). Welcome to Shutterfly and our family of brands. Shutterfly photo prints range from a modest 4x6 prints to a more sizable 12x36. We limit the information we collect to only that which is necessary for Picture Day and related authorized school purposes. 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. If you choose to share your photographs or other information with someone else through a feature we offer, we will use the personal information you provide (for example, the e-mail address of the recipient) to fulfill your request and for other purposes described in this Privacy Notice. Check out our FAQs. You understand that Permitted Parties shall be under no obligation to exercise the rights granted herein. Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. 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. Once your school signs up for a unique URL, 13 percent of all purchases made from that URL is returned to your school. Get the latest on new products and . If you have any questions or comments regarding these Terms, please contact:legal@shutterfly.com. You may access and use our Sites and Apps solely for your personal, noncommercial use. If you have a Shutterfly account, you control how long it remains active. 16. 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. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. What personal information do we collect? Shutterfly offers by far the best envelope options. Lifetouch Sports sends an email with the Digital Image Code that enables a download of the portrait taken during the Sports Picture Day. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. If you already have a Shutterfly account, youll simply log in to access your digital images. With the exception of Mass Arbitrations, as defined in the following paragraph, all arbitrations will be governed by the Consumer Arbitration Rules (collectively, AAA Rules) of the American Arbitration Association (AAA), as modified by this Agreement, and will be administered by the AAA. Teachers can showcase their students' abilities and creativity with our Photo Story app. As a part of the Shutterfly family of brands, Lifetouch delivers all digital images to customers via the Shutterfly.com secure photo platform. No. Standard photo print sizes are 4x6, 5x7, and 8x10. We may deny deletion requests in whole or in part as permitted or required by applicable law. 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. Patents listedhereand by other issued U.S. patents and pending U.S. patent applications. In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. You and Shutterfly agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or Shutterfly may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. In such cases, we may, at our option, provide you with another web page and URL. If you use Shutterflys Share Sites, you have the option to upload videos from YouTube to your Share Site. IT IS YOUR RESPONSIBILITY TO BACK-UP YOUR VIDEO CONTENT PRIOR TO THE CANCELLATION, EXPIRATION, DOWNGRADE OR TERMINATION. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Sites and Apps. 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. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights. Shutterfly may, in its sole discretion, and without notice modify the terms and conditions of the Video Plan. Do Not Sell or Share My Personal Information. Shutterfly Home We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. The following chart describes what categories of personal information we may collect, how we collect that information from you, the business purposes for which we generally use such information, and which types of trusted third-party service providers we may share that information with: In addition to any personal information that you might provide when you do things like buy our products and services or create an account with our brands, we may also have access to other information about you if you interact with our brands via social media, if youre photographed by Lifetouch, or in certain other situations. THEREAFTER, NO REFUNDS OR CREDITS WILL BE PROVIDED FOR CANCELLED VIDEO PLANS. 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. Imagine anything! The following frequently asked questions relate to Lifetouch professional photographs taken in portrait studios, schools, businesses and other organizations that Lifetouch serves. For example, if Lifetouch is producing student ID cards, we need the student ID number to do the job. Note to Schools:Separate terms of service, not these Terms, apply to products and services (including websites, applications and online services) that are designed for the use and benefit of the schools and school districts Lifetouch provides service to for their administrative and educational purposes and which are used by or at the direction of teachers or other school or district employees (a School Service). If you do not have a Shutterfly account, the email will direct you to create one. Shutterstock.AI generates a few versions for you to choose from. If my Lifetouch account is merged to a Shutterfly account will the digital image be available in the Shutterfly account? 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. Since 1936, Lifetouch has been a trusted provider of school services, providing photography services to schools and families across the United States and Canada. 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. Your agent will need to provide a Power of Attorney authorizing the agent to act on your behalf, or will need to complete the same verification procedures that would be required for a request submitted by you directly, and provide information that allows us to verify your authorization. We use the information collected by our third-party service providers using Cookies to analyze and track data, improve our services, determine the popularity of certain content, and better understand our users online activity.
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