Prints and other products in your order will be mailed home. We may also share Lifetouch school photographs with law enforcement in accordance with our SmileSafe child safety program. Does Shutterfly use my photos in advertisements? Shutterfly Review | PCMag You agree that it is your sole responsibility to review updated terms and conditions of the Video Plan posted by us at www.shutterfly.com. We direct you to such Third Party Properties only as a convenience. No. Digital images for re-take sessions are delivered through Shutterfly in the same way as your original pictures. At Shutterfly and Lifetouch, Pictures are the Big Picture. Please be aware, however, that Lifetouch may deny your request and retain your photos under certain limited circumstances for example, if we have a contractual commitment to a school or other organization you are affiliated with (such as providing yearbook photos or the yearbook itself), if doing so would violate a law or court order, or if it would be unreasonably burdensome. Shutterfly 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. 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 Lifetouch photographs children by agreement with the schools we work with. 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. 6501 et seq. What personal information do we collect? For more information about these tools please visit:NAI Opt-Out PageandDAA Opt-Out Page. Creating an Account - support.shutterfly.com If you are not, please do not set up an account with any of our Sites and Apps. Lifetouch Orders - Shutterfly 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. 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. Our Sites and Apps are hosted in the United States. Nothing contained on any of our Sites and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. Lifetouch provides professional photography services to businesses, sports leagues, and other organizations across the United States and Canada. Despite these measures, however, we cannot guarantee that our information security safeguards will never be compromised. 16377 Views Jul 30, 2018 CS Knowledgebase. Please read this carefully. To place an order with a customer service representative please call us toll-free at 1-800-736-4775. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of us or any of our family of brands. Try for free Images Video Music Templates Editorial 3D Models Shutterfly allows users to easily upload and share digital photographs. It is Shutterflys policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement. IN THE EVENT OF CANCELLATION, EXPIRATION, DOWNGRADE, OR TERMINATION OF YOUR VIDEO PLAN OR MEMBERSHIP, WE MAY ALSO DELETE SOME OR ALL OF YOUR VIDEO CONTENT. If you no longer want Shutterfly to use your information to provide the Services to you, you may close your account. 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. Yes, if the Lifetouch and Shutterfly accounts are merged any purchased the Digital Image will . 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. 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. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. Attn: Legal To download an image from your Shutterfly Account on the mobile web browser, access 'My Photos.' The next steps depend on your Device. Frequently Asked Questions | Prestige Portraits Lifetouch will respond on a 24/7 basis to aid search efforts. Image Download Options; Sharing Photos; My Photo Storage Limits; Organize My Photos; Live chat: Shutterfly Assistant. The right to be free from discrimination based on your exercise of your privacy rights. While retained, it remains under Lifetouchs control and treated as confidential information. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf. You should check the privacy policies of those sites before providing your personal information to them. If ordering digital images only, all session images are provided but do not include retouching. Digital Albums - JCPenney Portraits Discover easy ways for parents and teachers to team up and enhance students' school life. To get started with our Shutterfly Share sites iPhone app, Classroom Share sites or Storefront for School, simply signup, upload and create. If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individuals name or address) with such User Submitted Materials. 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. Teachers can showcase their students' abilities and creativity with our Photo Story app. Tap the 3 dots in the upper right-hand corner. If you already have a Shutterfly account, youll simply log in to access your Lifetouch digital images. Our yearbook image product includes images of students sorted by name, grade and other classifying data per your schools requirements. By using our Sites and Apps, you acknowledge that your information may be transferred to, stored and processed in the United States in accordance with this Privacy Notice and applicable United States laws. YOU MAY ONLY CANCEL YOUR VIDEO PLAN WITHIN THE FIRST 30 DAYS AFTER THE START OF YOUR VIDEO PLAN. 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). Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the Site and through our Apps. You may request the Custom Design be applied to any of our current product offerings. Can I split a package between them? These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. As soon as your Prestige Photography digital images are ready, youll receive and email directing you to Shutterfly.com. Not without permission of the photo subject. Collected indirectly from customers browser or device, Inferred from information provided by customer, information collected indirectly from customers browser or device, and information obtained from third-party, Advertising and marketing our products to you, Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, Product creation and order fulfillment vendors, Identify verification as needed to protect the BorrowLenses business against deceptive, fraudulent or illegal activity, or loss of or damage to BorrowLenses equipment, Providing you customized product recommendations, Analytics to improve our products and services, Marketing and advertising service providers, Website performance and analytics vendors. We may be required to share your personal information in other, limited circumstances. Lifetouch did not deny any verified requests or receive any do not sell requests. When Lifetouch is engaged by a school or other organization as its official photographer, the photos we capture for that organization are deleted in the ordinary course of business within a reasonable time after we have fulfilled our contractual obligations, with the exception of photos associated with customers who elect to purchase from us (Lifetouch Customers). Shutterfly is part of theShutterfly family of companies and brands. Some Forum participants may use anonymous screen names and may have no other connection with us or any of our family of brands. Shutterfly reserves the right to withdraw or modify the financial incentives we offer at any time. To make such a request, please send an email with the subject line California Minor Content Removal Request to legal@shutterfly.com. Shutterfly did not deny any verified requests or receive any do not sell requests. Order Pictures - Lifetouch Inc. It affects your rights. Check out our FAQs. Orders pre-ordered online on July 1, 2013 or later, are eligible for the free digital image download offer from Lifetouch Sports. Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (Third Party Properties). Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. 2. 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? 1. Simply sign in to your preferred Shutterfly account during the digital image claiming process and your pictures will automatically import into your linked Shutterfly account. In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. 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). We limit the information we collect to only what is necessary for Picture Day and other related purposes authorized by your organization (such as creating a yearbook). 2. Lifetouch is proud of its work as a professional photographer, and from time to time we request permission from our customers to display their photos as samples of our work. 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. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence. As soon as your Lifetouch digital image is ready, youll receive an email directing you to shutterfly.com. Please check back periodically to view any updates. In its role as official school photographer, Lifetouch photographs all students who appear at the camera on Picture Day, and we rely on your childs school or district to obtain any parental consents necessary for us to do the work they engaged us for. If your childs Pre K-12 school engages Lifetouch for school Picture Day, see the section titled For Pre K-12 Educators and Parents for more information. To create an account go to SIGN UP at Shutterfly. We do not offer you the ability to opt-out of receiving those communications. 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. See YouTubes Terms of Servicehere. FURTHERMORE, THE SHUTTERFLY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. While some of these rights apply generally, certain rights apply in limited cases. You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests. We may require additional personal information from you for the purposes of verifying your identity and rights. 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. If ordering digital images only, all session images are provided but do . Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. For example, we may be required to share certain information to respond to a subpoena or similar judicial process, to comply with state, federal or local laws, to protect the security or integrity of our databases or website, to take precautions against liability, in the event of a corporate reorganization or, to the extent required by law, to provide information to law enforcement agencies. We do not sell personal information in the ordinary sense of that term. Terms of Use | SHUTTERFLY Order school pictures on mylifetouch.com and enjoy a special offer from Shutterfly! 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. 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. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs. In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, Promotions) made available through our Sites and Apps may be governed by specific rules that are separate from this Agreement. These Terms and your relationship with Shutterfly (past, present and in the future) are governed by and construed in accordance with the laws of the state in which you were billed for your purchase of the Shutterfly product or service that is subject to this Agreement, without regard to the states conflict of law provisions, and except to the extent preempted by or inconsistent with federal law. The Network Advertising Alliance (NAI) and the Digital Advertising Alliance (DAA) offer opt-out tools to help you manage your choices for participating companies that use Cookies for Interest-Based Advertising and cross-app advertising. 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. You agree not to disclose your username or password to any third party. What are my options? 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. 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 account. (Back to Top) Article Data. 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. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE SHUTTERFLY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. San Jose, CA 95113 Shortly after your session, you will receive an email from JCPenney Portraits that your high-res images are available to claim on Shutterfly. 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. 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. 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. But under California law, sharing information with third parties for targeted advertising purposes may be considered a sale of personal information. 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. In addition to information collected from our customers, we and our service providers also collect certain information from candidates who apply for a job with Shutterfly and our family of brands to contact you about your application and evaluate your qualifications for the position, including your name, phone number, e-mail address, postal address, education information, and employment information. The digital portrait eligible for the promotion is a low resolution image. Shutterfly Video Plan (Video Plan) is a subscription program designed to offer customers certain benefits from Shutterfly. 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 any provision of this paragraph is determined to be unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then the parties agree that the claim or particular remedy (and only that claim or remedy) must be decided by a court after all other claims and requests for relief are arbitrated. Note to Schools and Parents about Lifetouch Pre K-12 Applications. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps without our written consent. If you do not delete sufficient video content, we reserve the right to suspend or terminate your plan. Customer Support Creating an Account. 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. 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. In addition, the information may be incorporated into other items that we are providing to your school. Finally, the perfect solution for all your photos. Pending resolution of any such requests to a court, you and Shutterfly agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. 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