If you have any questions about what information your organization shares with Lifetouch for Picture Day or for use in any products provided to your organization, please contact your organization directly. You may also manage the cookies and trackers we use on our Sites and Apps through the settings in our Transcend.io interface. 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. shutterfly claim - shutterfly claim portrait id access code Do Not Sell or Share My Personal Information. Upload photographs of people who have not given permission for their photographs to be uploaded to a share site. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. We may require certain information from you to validate your request before deletion. 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 consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individuals likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individuals parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). What are my options? By placing an order, you represent that the products ordered will be used only in a lawful manner. By agreeing to these terms by responding to Shutterflys request with the hashtag #YesShutterfly, you hereby agrere to these Terms of Use and grant to us and our licensees, designees, successors, agents, and assigns (collectively, Permitted Parties) the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free, fully-paid up right and license to use, publish, transmit, reproduce, copy, and adapt the Post(s), as well as your username, name, picture, likeness, social media handle, caption, comments and statements in connection with any use of your Post(s) (which all, collectively, shall be defined with the Post(s) as Social Media Submission(s)), edited or altered as the Permitted Parties see fit, throughout the world, including but not limited to on Permitted Parties social media platforms, in-app content, and on other domains, properties, or websites owned or licensed by the Permitted Parties, for any lawful purposes, including, without limitation, for purposes of advertising or trade and you waive any applicable moral rights you may have under the laws of the jurisdiction in which you reside, in and to the Post(s), in favor of the Permitted Parties. ), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age without the consent of their educational institution or the childs parent or guardian. 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 . We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. Order a package that includes digital delivery and the images youve selected in this package will be available digitally on Shutterfly.com. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person. 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. Shutterfly 2. Our Sites and Apps may be linked on other websites or may contain links to other websites. 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. 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. If Shutterfly and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Shutterfly may (i) commence an arbitration proceeding or (ii) file a claim in small claims court for individual disputes or claims within the scope of that courts jurisdiction. 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. 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. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our Sites and Apps or others. CHICAGO (CN) - A federal judge refused to dismiss class-action claims that online photo service Shutterfly gathers and stores facial-geometry scans of people who have never uploaded digital images onto its website. Each automatic renewal and corresponding payment will be processed on the first day of the new term. Get the latest on new products and . 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. Digital Albums - JCPenney Portraits In 2021, Shutterfly received and completed 540 verified deletion requests and 172 verified access requests. 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. Do Not Sell or Share My Personal Information. 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. 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. We collect the basic information in advance of Picture Day to match names to the pictures we take and for efficient distribution within the school. Unless purchased by a parent (or by someone with whom the parent has shared the photo), however, we retain school photos only as long as necessary to satisfy our obligations to the schools we serve. 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. Tap Download. 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 As soon as your Prestige Photography digital images are ready, youll receive and email directing you to Shutterfly.com. Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps. A class of Illinois individuals who claimed that Shutterfly, Inc. illegally gathered and maintained their biometric data without their consent, in violation of Illinois BIPA privacy law, have reached a $6.75 million settlement. You continue to own and retain all rights, title and interest in and to your trademarks, copyrights and other intellectual property contained in the Custom Designed Product. One or more of our brands may offer you the opportunity to engage with our designers (Custom Design Services) to create a Custom Design for a specific product (Custom Designed Product). Use the Share Sites for the sale of goods or services. No. We are equally committed to respecting your privacy. Fraudulent or abusive counter notices or other misuse of Shutterflys Intellectual Property Policy may result in account termination or other legal consequences. You may access and use the Video Plan solely for your personal, noncommercial use. 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. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Standard photo print sizes are 4x6, 5x7, and 8x10. Not without permission of the photo subject. Lifetouch did not deny any verified requests or receive any do not sell requests. BorrowLenses received and completed no verified deletion requests and no access requests. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. As a part of the Shutterfly family of brands, Lifetouch delivers all digital images to customers via the Shutterfly.com secure photo platform. This Privacy Notice (Notice) explains how Shutterfly and our family of brands (Shutterfly, we, our, or us) collects and uses personal information, and the choices you can make. 2. Shutterfly. Lifetouch will never sell student photos or yearbooks to a third party for resale.**. Tap the 3 dots in the upper right-hand corner. What student personal data does Lifetouch receive from schools? Also in 2021, Lifetouch received and completed 8 verified deletion requests and 3verified access requests. 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 are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Sites and Apps. If you delete Shutterfly photos from your account, they will be removed from your Shutterfly app and web interface immediately, and we will permanently delete them from our system in the regular course of business. 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. It is Shutterflys policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement. How long do we retain the personal information we collect about you? Edit the image using features like Zoom out, if you like. 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. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. If a child is missing, the parent or guardian of that child can request through NCMEC that a Lifetouch photograph of their child be provided to aid search efforts. We have a wide variety of tools to empower your students to express their creativity. This right applies even if their personal information is not currently being sold. Check out our FAQs. Try for free Images Video Music Templates Editorial 3D Models For example, a directory that we produce for your employer or your university may have your contact information or other information about you. Supplemental Notice to Visitors from outside of the United States. For further information regarding this website privacy statement or related Shutterfly or Lifetouch policies and procedures, please contact:[email protected]. 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. If you purchased digital images at your last photography session, they will be delivered to your Shutterfly account. Perfect for printing on a variety of products and prints up to 8x10. Supplemental Notice to residents of California. We work in collaboration with the National Center for Missing and Exploited Children (NCMEC), the United States leading experts in child protection. You may also lose access to certain features or functionality only available to current subscribers. - (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. Then type it into the search bar. IF YOU CANCEL YOUR VIDEO PLAN WITHIN THE FIRST THIRTY (30) DAYS OF THE START OF THE VIDEO PLAN, YOU WILL RECEIVE A FULL REFUND. Then click on 'Albums' and 'Lifetouch.' Select a thumbnail image and click on Download Selected to download the image in full resolution. We limit the information we collect to only that which is necessary for Picture Day and related authorized school purposes. 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. Parents and Legal Guardians can use the Student ID to claim your student to your Mylifetouch.com or Mylifetouch.ca account. How do we use that information? 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). If you make choices and return to our site from a different browser or machine, you will need to repeat these choices. 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. 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. Terms of Use | SHUTTERFLY We offer time-honored Picture Day products to the families of children we photograph while fulfilling a necessary role at no charge to the school. You and Shutterfly agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or Shutterfly may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Depending on the terms of your promotional offer, you may be enrolled into a Video Plan following the expiration of your promotional period unless you cancel prior to the end of the promotional period. While using any of our Sites and Apps, you agree not to: You may create a member account with any of our Sites and Apps by registering your name, providing certain information about yourself, and creating a password. Shutterfly review | Tom's Guide Except as expressly authorized hereunder, the Video Plan may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. 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. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion. Digital images remain in the consumer's Shutterfly account forever, giving families a comprehensive album of school pictures. The following frequently asked questions relate to Lifetouch professional photographs taken in portrait studios, schools, businesses and other organizations that Lifetouch serves. 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. We may deny deletion requests in whole or in part as permitted or required by applicable law. Other Information Contained in Your Photos, When you upload your photos to our platforms or give us permission to access the photos stored on your device, your photo content may also include related image information such as the time and the place your photo was taken, tags and similar information stored by your image capture device. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site or App, the latter terms shall control with respect to your use of that portion of the Site or App or the specific service. 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. 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. Imagine anything! 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. 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. 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.
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