For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Educators and parents can transform the success of their fundraising efforts with our Storefront for School. 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. That is, we dont provide your personally identifiable information to third parties in exchange for money. You represent to us that you are at least 18 years old. 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. A $6.75 million settlement has been reached in a Shutterfly class action lawsuit filed by certain Illinois consumers who say they appear in photos on the site in violation of the Illinois Biometric Information Privacy Act (BIPA). 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. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Enhance your curriculum to make it more exciting for your students with our personalized lesson plans. If we become aware that a child under the age of 16 has provided personal information through our websites or apps, we will remove their personally identifiable information from our files. 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. Prints and other products in your order will be mailed home. Our service providers may receive your name and contact information, payment information, photos and other content you upload to our Sites and Apps, information about purchases youve made, cookies and other device identifiers, IP address, and website browsing and interaction activity. Below are a number of Frequently Asked Questions (FAQs) regarding the basic information that Lifetouch needs in order to provide its photography services. 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. We do not sell, license or share the personal information we collect with unaffiliated third parties for their marketing purposes. 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. Lifetouch: Getting Started - Shutterfly Whatever your needs are, Shutterfly for School can help you to capture and store each educational moment in a fun, creative, and personalized way. Once your school signs up for a unique URL, 13 percent of all purchases made from that URL is returned to your school. 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. 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. Do you share the photos that I upload to Shutterfly? The parties agree that the notice required by this Section is a material provision of these Terms. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system. Our photographers reasonably presume that they are permitted to photograph each individual who appears at the camera for that purpose. Where can I download my digital image? Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.copyright.govfor details. How to use Shutterstock's Al image generator. 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? For our holiday card, we chose a thick envelop with broad colored lines and a large box for writing the address in (39 cents more than the . Lifetouch photographs children by agreement with the schools we work with. San Jose, CA 95113 Use the Share Sites for the sale of goods or services. 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. 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. It affects your rights. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. 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. Perfect for printing on a variety of products and prints up to 8x10. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. 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. We do not sell personal information in the ordinary sense of that term. Go to Shutterfly.com and sign in to your 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. Shutterfly reserves the right to withdraw or modify the financial incentives we offer at any time. 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. If you purchased digital images at your last photography session, they will be delivered to your Shutterfly account. But under California law, sharing information with third parties for targeted advertising purposes may be considered a sale of personal information. 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. To create an account go to SIGN UP at Shutterfly. 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 THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES. Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. We do not offer you the ability to opt-out of receiving those communications. THIRD-PARTY SITES, SOFTWARE AND SERVICES. You agree not to disclose your username or password to any third party. Also in 2021, Lifetouch received and completed 8 verified deletion requests and 3verified access requests. 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. 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. Lifetouch Pre K-12 Applications include the Lifetouch Portal for school administrators and our Lifetouch Yearbooks applications and online tools. 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. You can use your existing Shutterfly account when linking your Lifetouch account and digital images. 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. Our Sites and Apps are hosted in the United States. Shutterstock.AI generates a few versions for you to choose from. 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. Depending on where you reside, you may also have additional legal rights with respect to your information. 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. 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 you are a Nevada consumer and wish to exercise this right, please send an email with the subject line Nevada Resident Do Not Sell Request toprivacy@shutterfly.com. Additionally, your information may be transferred to another organization if, for example, we transfer the ownership or operation of the Sites and Apps because we have merged with or have been acquired by another organization, or if we liquidate our assets. You have choices about how your information is collected and used. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf. 16377 Views Jul 30, 2018 CS Knowledgebase. We will notify you in advance of any change in the amount to be charged for the renewed plan in the pre-renewal notification. We may also share Lifetouch school photographs with law enforcement in accordance with our SmileSafe child safety program. 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. You will be billed at the start of your Video Plan and each year thereafter, unless and until you cancel your subscription. Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps, including any images, text, graphics, sounds, data, links and other materials incorporated into our Sites and Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Find Shutterfly stock images in HD and millions of other royalty-free stock photos, illustrations and vectors in the Shutterstock collection. To sign up for your free Shutterfly account, click here - or click the "Sign up" link at the top of any Shutterfly page. I have two children graduating this year. 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. Shutterfly Studio helps consumers view, organize and edit their pictures . See Shutterfly photo storage for more details. Does Shutterfly collect information from my photos and projects? How do we use that information? 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. 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. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. 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. Can I split a package between them? 16. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. 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. 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. As we implement new technology and introduce new services or otherwise change our privacy practices, or in response to changes in applicable laws or regulations, we may modify this Notice and provide notice to you by posting updates on this page. 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. Welcome to Shutterfly and our family of brands. Frequently Asked Questions | Prestige Portraits Some Forum participants may use anonymous screen names and may have no other connection with us or any of our family of brands. 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. Lifetouch will respond on a 24/7 basis to aid search efforts. Your continued use of our websites, mobile applications and/or other services following such notice acknowledges your acceptance of such updated terms. Arbitration is more informal than a lawsuit in court. Once such data is no longer needed for such purposes, it is securely destroyed. Shutterfly offers by far the best envelope options. To download an image from your Shutterfly Account on the mobile web browser, access 'My Photos.' The next steps depend on your Device. Supplemental Notice to Visitors from outside of the United States. This Notice applies to your use of Shutterfly.com and our other Shutterfly websites, applications and services that link to this Notice. Also, please be aware that, if you shared your photo with other purchasers, your photo deletion request will not affect any photos retained in others photo libraries or those purchasers archiving preferences. What is the SmileSafe A Lifetouch Program child safety program? 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. Lifetouch uses the basic information that it collects solely as necessary to produce such items for the school, to deliver Picture Day-related notices on behalf of your school, and to provide you opportunities to purchase your childs school pictures. Read Our Shutterfly Promise . 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). 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. 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. Lifetouch + Shutterfly - Digital Delivery & Account Linking. 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. 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. Upon termination for any reason, your right to access and/or use our Sites and Apps will immediately cease. 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. Vernita Miracle-Pond & Samantha Paraf v. Shutterfly, Inc. Recap This right applies even if their personal information is not currently being sold. Or just license and download. A fuller description of the Video Plan service features and pricing associated with each plan type is available athttps://support.shutterfly.com/s/article/video-plans. not collect or use student personal data beyond what is needed for authorized school purposes; not use or share student personal data for advertising or similar commercial purposes, such as behavioral targeting of advertisements to students; not build a personal profile of a student, other than for supporting authorized educational or school purposes or as authorized by the parent, guardian, or student of appropriate age; require that our vendors with whom student personal data is shared to deliver the school service, if any, are obligated to implement these same commitments for student personal data. We are equally committed to respecting your privacy. Shutterfly Video Plan (Video Plan) is a subscription program designed to offer customers certain benefits from Shutterfly. 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. 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. AI Image Generator | Instant Text to Image | Shutterstock IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST CANCEL YOUR PROGRAM MEMBERSHIP. In such cases, we may, at our option, provide you with another web page and URL. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. Upload photographs of people who have not given permission for their photographs to be uploaded to a share site. 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. 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 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. How long does Lifetouch keep photos? Title and risk of loss for any purchases pass to you upon our delivery to our carrier. If you do not delete sufficient video content, we reserve the right to suspend or terminate your plan. How long do we retain the personal information we collect about you? Order Pictures - Lifetouch Inc. For example, a directory that we produce for your employer or your university may have your contact information or other information about you. They will be conveniently added to your Shutterfly account. If you have a Shutterfly account, you control how long it remains active. Before using any of our mobile applications (App or Apps), we may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the App evolves. 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. 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. 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. By using the Custom Design Services, you agree you are solely responsible (pursuant to Section 1 of these Terms) for the materials you submit to us for the Custom Designed Product. Digital Albums - JCPenney Portraits We share your photos only in the following circumstances: Can I upload videos from YouTube to my Share Site? 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). If you choose to like or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. Shutterfly responded to data subject rights requests within 19 days on average. 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. 6501 et seq. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shutterfly are each waiving the right to a trial by jury or to participate in a class action. Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. 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. 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. You may download or copy a form Notice and a form to initiate arbitration atwww.adr.org. If you are a former Shutterfly employee and would like to exercise your rights with respect to your personal data, please send an email with the subject line California Former Employee Data Request to privacy@shutterfly.com.
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