If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site or App, the latter terms shall control with respect to your use of that portion of the Site or App or the specific service. How does Lifetouch use the information it receives from schools? Your use of our Sites and Apps is also subject to our Terms and Conditions. It is Shutterflys policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement. Standard photo print sizes are 4x6, 5x7, and 8x10. If you dont want our Sites and Apps to collect information using these technologies, you can change your web browser settings to reject Cookies from the site or to alert you before a cookie is placed on your computer. 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). San Jose, CA 95113 California residents have the right to opt out of such sharing. You continue to own and retain all rights, title and interest in and to your trademarks, copyrights and other intellectual property contained in the Custom Designed Product. 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 For a Shutterfly 5-by-7, you pay 99 cents, and an 8-by-10 costs $3.95. Do I need a Shutterfly account to purchase school photos? 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. A counter notice must include all of the following information: If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys fees). For . What are my options? Then click on 'Albums' and 'Lifetouch.' Select a thumbnail image and click on Download Selected to download the image in full resolution. Shutterfly allows users to easily upload and share digital photographs. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor to our websites. Click herefor more information about this exceptional child safety program. For more information, see the section titled Your Photos, below. Do Not Sell or Share My Personal Information. Click Generate. As used in these Terms, billing will indicate either a charge or debit, as applicable, against your Payment Method. Any such information will be treated as described in ourPrivacy Policy. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. We may permit you to share your User Submitted Materials with other users, including, without limitation, to our user comment functionality, online image share feature and our public gallery, user forums and blogs (collectively, Forums). We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site and through our Apps. If you subsequently want to unlink your social media account, please contact customer service or use available tools on the site. 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. THEREAFTER, NO REFUNDS OR CREDITS WILL BE PROVIDED FOR CANCELLED VIDEO PLANS. We appreciate our customers interest in improving our Sites and Apps; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. 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. 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 must have a current account with us in order to use the Video Plan. If you purchased digital images at your last photography session, they will be delivered to your Shutterfly account. The Notice to Shutterfly must be addressed to: General Counsel, Shutterfly, LLC, 10 Almaden Blvd., Suite 900, San Jose, CA 95113 (Notice Address). Our Sites and Apps are Shutterfly, LLC All rights reserved. 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. 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. Verification of information applicable to a purchase may be required prior to our acceptance of any order. 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. This arbitration provision shall survive termination of this Agreement and the termination of your Shutterfly account. To the extent any claim, cause of action, or request for relief is not subject to arbitration under Section 19 below, you and Shutterfly agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. 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. If we are interested in pursuing any idea or suggestion of yours, we will contact you. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. To create an account go to SIGN UP at Shutterfly. Does Shutterfly use my photos in advertisements? Do you share the photos that I upload to Shutterfly? Shutterfly may, in its sole discretion, and without notice modify the terms and conditions of the Video Plan. YOUR CONTINUED USE OF ANY OF THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. 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. 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. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc. Additional terms also apply to specific services and brand offerings listed above. CHICAGO (CN) - A federal judge refused to dismiss class-action claims that online photo service Shutterfly gathers and stores facial-geometry scans of people who have never uploaded digital images onto its website. You have the ability to disable the connection between the Site and Apps and your SNS account(s), at any time, by accessing the Settings section of the Site and Apps. Lifetouch will never sell student photos or yearbooks to a third party for resale.**. You represent to us that you are at least 18 years old. THIRD-PARTY SITES, SOFTWARE AND SERVICES. Vernita Miracle-Pond & Samantha Paraf v. Shutterfly, Inc. Recap 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. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. The parties agree that the notice required by this Section is a material provision of these Terms. 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. 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. Does Lifetouch share my childs school photos with my childs school? Some jurisdictions provide additional legal rights, as described in our Supplemental Notices below. While some of these rights apply generally, certain rights apply in limited cases. The inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. 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. Go to My.Lifetouch.com For up to 9 months after your Picture Day you can use your Portrait ID and Access Code for a first-time order or to reorder additional pictures and photo gifts. In accordance with the Federal Childrens Online Privacy Protection Act of 1998 (COPPA, 15 U.S.C. 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. Tap the 3 dots in the upper right-hand corner. 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 Perfect for printing on a variety of products and prints up to 8x10. How to use Shutterstock's Al image generator. Whatever your needs are, Shutterfly for School can help you to capture and store each educational moment in a fun, creative, and personalized way. In the event we are unable to charge an applicable renewal fee to your Payment Method for more than thirty (30) days after the beginning of a renewal term of your subscription to the Video Plan, Shutterfly reserves the right to terminate, suspend or restrict your membership in the Video Plan. 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. Go to Shutterfly.com and sign in to your account. All trademarks and service marks on any of our Sites and Apps not owned by us are the property of their respective owners. By visiting any of our Sites and Apps that link to these Terms, you are signifying your assent to these Terms and ourPrivacy Policy, which is incorporated herein by reference. 6501 et seq. Lifetouch provides professional photography services to businesses, sports leagues, and other organizations across the United States and Canada. Shortly after your session, you will receive an email from JCPenney Portraits that your high-res images are available to claim on Shutterfly. 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. Please read this carefully. 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. The following frequently asked questions relate to Lifetouch professional photographs taken in portrait studios, schools, businesses and other organizations that Lifetouch serves. 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. The content you choose to upload to our service, including your photos and the information you store in your address book, may include personal information of others. What student personal data does Lifetouch receive from schools? For further information regarding this website privacy statement or related Shutterfly or Lifetouch policies and procedures, please contact:privacy@shutterfly.com. Unless purchased by a parent (or by someone with whom the parent has shared the photo), however, we retain school photos only as long as necessary to satisfy our obligations to the schools we serve. Our private Classroom Share sites provide a virtual meeting space where teachers and parents can communicate with each other. on Shutterfly Lifetouch and Shutterfly share many similarities, but it's uniquely special that we bring together two companies that share the mission of helping families capture, preserve and share life's special moments. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system. Edit the image using features like Zoom out, if you like. creating-an-account-1. Cookies help us personalize your experience and save time during checkout. 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. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. If you are a parent who does not want your child to participate in your schools Picture Day, you must pre-arrange with the school not to have your child photographed. Shutterfly Studio helps consumers view, organize and edit their pictures . 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. Find it on your Picture Day flyer. 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 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. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. In those cases, we do not retain or use your contact information for any other purpose unless you become our customer by purchasing our products, or if you opt in to receive updates and promotional offers from us. Please be aware that U.S. privacy laws, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. Lifetouch also offers the photographs for purchase by parents. We make it easy to reach out to parents so you can work together to enhance each child's learning experience. In such event, you may no longer be allowed to upload additional Video Content. You should check the privacy policies of those sites before providing your personal information to them. You will also be responsible for paying any applicable taxes relating to your purchases. You may request the Custom Design be applied to any of our current product offerings. Preschool Ordering Preschool Photos 1. Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence. 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. For up to 9 months after your Picture Day you can use your Portrait ID and Access Code for a first-time order or to reorder additional pictures and photo gifts. Or just license and download. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account. Arbitration is more informal than a lawsuit in court. 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. All information that you provide to us or our third party payment processor must be accurate, current and complete. 16. Create photo books, personalize photo cards & stationery, and share photos with family and friends at Shutterfly,com, Shutterfly , My Account 9/30/21 FREE SHIPPING on orders $79* code: SHIP79 Disparu : claim.
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