If you are currently enrolled in an annual Video Plan, we will inform you by email before automatically renewing your Video Plan. 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). 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). We may share personal information in the following situations. If ordering digital images only, all session images are provided but do not include retouching. 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. The information we need for Picture Day depends upon the specific services and deliverables Lifetouch is providing your school. 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. Shutterfly Home 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. We will grant you a fully-paid, worldwide, non-exclusive right and license to use the Custom Designed Product, provided you have paid for the Custom Design Services in full. How do we use that information? 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. Cookies help us offer convenient features like storing the contents of your shopping cart until you are ready to check out, remembering your login and account settings, recognizing your browser when you visit, customizing your current and future visits, and providing you with information about products that interest you. Shutterfly Can't Dodge Illinois Class Action Over Face Scans 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? About Digital Images - Sports - force.com 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 Our Sites and Apps are controlled and operated from the United States. 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. 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. **Lifetouch does not sell, trade or share student data collected from your childs school with third parties for their marketing purposes, nor do we use such data in ways that are unrelated to the purposes authorized by the school. Digital Camera Resolution Settings. Since 1936, Lifetouch has been a trusted provider of school services, providing photography services to schools and families across the United States and Canada. You represent to us that you are at least 18 years old. If you downgrade your plan, you may be unable to upload video content in excess of the limits of your downgraded plan and may no longer have access to certain features. 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. As soon as your Prestige Photography digital images are ready, youll receive and email directing you to Shutterfly.com. Perfect for printing on a variety of products and prints up to 8x10. Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence. You may upgrade your plan at any time by accessing the Settings section of the Shutterfly Photos area of the Site (photos.shutterfly.com). Lifetouch Pictures on Shutterfly 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. 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. We may combine this information with your personal information for the purposes described in this Notice. We offer such financial incentives and benefits for business purposes such as increasing engagement and sales or raising brand awareness, and participation is voluntary. Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, User Submitted Materials) are subject to the following terms and conditions: While we are not obligated to review User Submitted Materials for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Sites and Apps to do the same. We sometimes use third-party service providers to act on our behalf, for example to help us fulfill your product orders, process payments, enhance and personalize your shopping experience with us, or to deliver our advertisements. If you wish, you can take steps to have your photos deleted from our systems earlier, by contacting us at (800) 736-4753. As soon as your Lifetouch digital image is ready, youll receive an email directing you to shutterfly.com. 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 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). We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through our Sites and Apps. 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. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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. - (May 10, 2006) Today Shutterfly, Inc., the leading independent online photo service, introduced Shutterfly Studio software, a new photo-organizing application that provides consumers with everything they need to manage their growing collection of digital images. 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. 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. 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. 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. We collect various types of personal information when you register with any of our family of brands via our websites, mobile sites or mobile applications (our Sites and Apps); purchase any products or services from us; schedule an appointment to be photographed; visit or are photographed at one of our offices, studios, or on-site photography locations; contact one of our customer service representatives; register for customer rewards programs; or complete a survey or enter a contest or sweepstakes that we sponsor. What is the SmileSafe A Lifetouch Program child safety program? 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. Shutterfly | Lifetouch 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. 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. If you log into your account with any of our brands through a social media site, we will also have access to certain information from that site, such as your name, account information and profile photo, in accordance with the sites account verification procedures. You understand that Permitted Parties shall be under no obligation to exercise the rights granted herein. For a Shutterfly 5-by-7, you pay 99 cents, and an 8-by-10 costs $3.95. 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. If ordering digital images only, all session images are provided but do . You have several options to manage cookies and trackers. Shortly after your session, you will receive an email from JCPenney Portraits that your high-res images are available to claim on Shutterfly. Please specify in your request which website or application your request relates to and the specific information or content that you would like removed. 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. Shutterfly owns the registered trademarks and logos listedhere. We are equally committed to respecting your privacy. 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. Please read this carefully. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. Shutterfly may, in its sole discretion, and without notice modify the terms and conditions of the Video Plan. If Shutterfly initiates arbitration, it will send a written Notice to the email address used for your account. Fraudulent or abusive counter notices or other misuse of Shutterflys Intellectual Property Policy may result in account termination or other legal consequences. 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. Law Enforcement, Mergers, and Other Situations. 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. You agree not to disclose your username or password to any third party. Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (Third Party Properties). At Shutterfly and Lifetouch, Pictures are the Big Picture. See the section titledFor Pre K-12 Educators and Parentsfor more information about the SmileSafe program. 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). 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. Portions of our Sites and Apps are covered by the U.S. You may purchase traditional printed school photos from Lifetouch for delivery to you through your childs school. This Notice applies to your use of Shutterfly.com and our other Shutterfly websites, applications and services that link to this Notice. Shutterfly review | Tom's Guide 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. The digital portrait eligible for the promotion is a low resolution image. If necessary, we may also share information with law enforcement without a subpoena or similar judicial process if doing so may help protect the personal safety of a customer, a photo subject, or members of the public. If you clear cookies from your device or switch to a different browser, your opt-out will no longer be valid and you will need to opt out again where you want your choices to apply. Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Lifetouch + Shutterfly - Digital Delivery & Account Linking. 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. Teachers can showcase their students' abilities and creativity with our Photo Story app. 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. Lifetouch also offers the photographs for purchase by parents. 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. We may receive your email or mailing address in order to deliver Picture Day-related communications on behalf of the school. 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. Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. YOUR CONTINUED PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES. 1999-2022 Shutterfly All rights reserved.. https://support.shutterfly.com/s/article/video-plans. Cookies help us personalize your experience and save time during checkout. Lifetouch will never sell student photos or yearbooks to a third party for resale.**. 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. If you purchased digital images at your last photography session, they will be delivered to your Shutterfly account. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights. Arbitration is more informal than a lawsuit in court. Lifetouch responded to data subject rights requests within 36 days on average. IT IS YOUR RESPONSIBILITY TO BACK-UP YOUR VIDEO CONTENT PRIOR TO THE CANCELLATION, EXPIRATION, DOWNGRADE OR TERMINATION. Each browser is different, so you should check your browsers Help menu to learn how to change these preferences. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 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. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. To place an order with a customer service representative please call us toll-free at 1-800-736-4775. 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 be linked on other websites or may contain links to other websites. Then click on 'Albums' and 'Lifetouch.' Select a thumbnail image and click on Download Selected to download the image in full resolution. You should check the privacy policies of those sites before providing your personal information to them. We make it easy to reach out to parents so you can work together to enhance each child's learning experience. You may access and use the Video Plan solely for your personal, noncommercial use. 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. Standard photo print sizes are 4x6, 5x7, and 8x10. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Shutterfly is located, and that you will accept service of process from the person who provided the original notification or an agent of such person. Once purchased, you will receive an email notification from Lifetouch + Shutterfly within 24-28 hours that will allow you to claim and view your digital images plus enhancements. If you already have a Shutterfly account, youll simply log in to access your Lifetouch digital images. 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. Shutterfly will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax laws), resolve disputes, perform and enforce our agreements, and as otherwise described in this Notice. Not without permission of the photo subject. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. About Digital Images - K-12 - force.com To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control. You can also navigate to My Photos, select a single or multiple photos and click the download button. For example, a directory that we produce for your employer or your university may have your contact information or other information about you. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. If you subsequently want to unlink your social media account, please contact customer service or use available tools on the site. 2. Note to Schools and Parents about Lifetouch Pre K-12 Applications. Do Not Track is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. Go to Shutterfly.com and sign in to your account. As of the date this Notice was last updated, Lifetouch has assisted with more than 2,000 searches and has contributed to the successful recovery of 56 children from 24 states as a direct result of the SmileSafe child safety program.
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