We do not assign monetary or other value to personal information, but the value of such personal information is reasonably related to the estimated value of the financial incentive offered when the information was collected. In such cases, we do not retain or use your contact information for any other purpose unless you opt in to receive updates and promotional offers from us. 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. For other products, we may provide you with an electronic version of the Custom Design for your personal use, subject to our sole discretion and an additional fee will apply. Creating an Account. Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. Our photographers reasonably presume that they are permitted to photograph each individual who appears at the camera for that purpose. 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. 1999-2022 Shutterfly All rights reserved.. https://support.shutterfly.com/s/article/video-plans. 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. We also may collect information from other companies, organizations, or third-party partners. 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. California residents have the right to opt out of such sharing. Each automatic renewal and corresponding payment will be processed on the first day of the new term. 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 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. To make such a request, please send an email with the subject line California Minor Content Removal Request to legal@shutterfly.com. As used in these Terms, billing will indicate either a charge or debit, as applicable, against your Payment Method. You may purchase traditional printed school photos from Lifetouch for delivery to you through your childs school. When your re-takes are ready, if you ordered online, you will receive an email from Shutterfly at the email address you used to place your order. Order a package that includes digital delivery and the images you've selected in this package will be available digitally on Shutterfly.com. 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. Educators and parents can transform the success of their fundraising efforts with our Storefront for School. 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. Shutterstock.AI generates a few versions for you to choose from. If you do not have a Shutterfly account, you will be guided to create one through the image retrieval process. You may opt out of receiving such communications from us and change your contact preferences within your account at any time. 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 fact that our Sites and Apps direct you to such Third Party Properties does not indicate any approval or endorsement of any such Third Party Properties. You also have the ability to download and/or delete some or all of the photos in your account at any time. Unless Shutterfly and you agree otherwise, any arbitration hearings will take place virtually or in the county of your residence. At Shutterfly and Lifetouch, Pictures are the Big Picture. Do Not Sell or Share My Personal Information. Cookies help us personalize your experience and save time during checkout. If you post information on a social media or another third-party service that references our brands or our products and services (e.g., via a Twitter hashtag), we may publish your post on our social media accounts or websites. Some Forum participants may use anonymous screen names and may have no other connection with us or any of our family of brands. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Additional terms also apply to specific services and brand offerings listed above. 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. 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. At Shutterfly, we value the trust you place in us when you store Your Content on our platform, and we can assure you that we treat Your Content as private information that belongs to you. 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. Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (Third Party Properties). 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. If you are not, please do not set up an account with any of our Sites and Apps. 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. Shutterfly responded to data subject rights requests within 19 days on average. It did not deny any verified requests or receive any do not sell requests. 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. 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. 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. 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 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. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Preschool Ordering Preschool Photos 1. 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 will be billed at the start of your Video Plan and each year thereafter, unless and until you cancel your subscription. 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. To cancel, please contact Customer Support at ourHelp Center. There may be times when we are unable to fulfill your request for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we cannot separate your data), if we are prohibited by law from disclosing the information, or if we have a legal obligation to retain certain data. We may require additional personal information from you for the purposes of verifying your identity and rights. Try for free Images Video Music Templates Editorial 3D Models In preparation for Picture Day, Lifetouch requires certain basic information from your childs school record, such as name, grade and homeroom teacher name. Law Enforcement, Mergers, and Other Situations. The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. This is available as an add-on to your Digital Album for only $29.99. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. Below are a number of Frequently Asked Questions (FAQs) regarding the basic information that Lifetouch needs in order to provide its photography services. 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). Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. 1. Shutterfly and Tiny Prints: Call us at (844) 535-3299 or request online by clicking on the following link: Lifetouch, Prestige Portraits, JCPenney Portraits by Lifetouch: Call us at (888) 288-2214 or request online at https://lifetouch.com/privacy-options/, BorrowLenses: Call us at (844) 853-6737 or write to MyInfo.BL@borrowlenses.com. 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 limit the information we collect to only that which is necessary for Picture Day and related authorized school purposes. CHOICE OF LAW; VENUE; STATUTE OF LIMITATIONS. Check out our FAQs. It is Shutterflys policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement. Each year you purchase a package with digital images on mylifetouch.com, your childs digital school picture will be delivered to your Shutterfly account and saved with Shutterflys secure photo storage. If my Lifetouch account is merged to a Shutterfly account will the digital image be available in the Shutterfly account? You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. 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. Effortlessly gather, quickly find, and magically create. 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). If ordering digital images only, all session images are provided but do . As soon as your Prestige Photography digital images are ready, youll receive and email directing you to Shutterfly.com. If you use Shutterflys Share Sites, you have the option to upload videos from YouTube to your Share Site. Whatever your needs are, Shutterfly for School can help you to capture and store each educational moment in a fun, creative, and personalized way. But, if you are curious, YouTube is owned by Google, and you can view Googles privacy policyhere. 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. 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. 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. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms. creating-an-account-1. If you are an educator, parent, or student, and Lifetouch is providing school photography services to your school or organization, please see our section titled For Pre K-12 Educators and Parents. Although no website, application, database or system is completely secure or hacker proof, we have safeguards in place to protect against unauthorized access and disclosures of the personal information we control, including technical, physical and administrative safeguards and security measures. To place an order with a customer service representative please call us toll-free at 1-800-736-4775. Our Sites and Apps are Shutterfly, LLC All rights reserved. If you do not delete sufficient video content, we reserve the right to suspend or terminate your plan. Lifetouch acknowledges its obligations as a service provider to your school for student and staff photography pursuant to the federal Family Educational Rights and Privacy Act (FERPA). 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 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. While some of these rights apply generally, certain rights apply in limited cases. Shortly after your session, you will receive an email from JCPenney Portraits that your high-res images are available to claim on Shutterfly. 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. 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. Shutterfly Photos. 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. For a Shutterfly 5-by-7, you pay 99 cents, and an 8-by-10 costs $3.95. 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. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. As soon as your Lifetouch digital image is ready, youll receive an email directing you to shutterfly.com. This allows us to offer features such as the ability to use your Shutterfly account credentials across all of our Web properties and applications where available, and to seamlessly add your Lifetouch professional photos to your Shutterfly account. 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. How do we use that information? Please read this carefully. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (NAM), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the NAM Rules). Supplemental Notice to residents of California. 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.
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