If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms. Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. The Shutterfly Promise. We do not sell, license or share the personal information we collect with unaffiliated third parties for their marketing purposes. 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. We are equally committed to respecting your privacy. IT IS YOUR RESPONSIBILITY TO BACK-UP YOUR VIDEO CONTENT PRIOR TO THE CANCELLATION, EXPIRATION, DOWNGRADE OR TERMINATION. . 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. The Site or App you register with may provide single sign-on functionality; this allows us to offer features such as the ability to use your Shutterfly account credentials across our integrated Sites and Apps where available, and to merge your accounts so you may, for example, seamlessly add your Lifetouch professional photos to your Shutterfly account. 1. Digital images remain in the consumer's Shutterfly account forever, giving families a comprehensive album of school pictures. 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). Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (Third Party Properties). A Notice, whether sent by you or by Shutterfly, must (a) describe the nature and basis of the claim or dispute; (b) set forth the specific relief sought and the basis for the calculations; (c) include your name, the email address associated with your Shutterfly account, your current phone number, mailing address, and email address, and your signature; and (d) if you have retained an attorney, your signed statement authorizing Shutterfly to disclose your confidential account records to your attorney if necessary in resolving your claim. California residents have the right to opt out of such sharing. If you choose to purchase your childs school photos from Lifetouch, the personal information you provide to us will be treated as customer information and used as described in ourPrivacy Notice. 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. Does Lifetouch share my childs school photos with my childs school? 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). However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. 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. BorrowLenses received and completed no verified deletion requests and no access requests. Your organization controls how much, or how little, information is used in producing these items, and your organization is solely responsible for obtaining any consents necessary for Lifetouch to provide its services and produce those items. 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. Lifetouch provides professional photography services to businesses, sports leagues, and other organizations across the United States and Canada. If you interact with content on our social media profiles (for example, if you like or share a post from one of our brands Facebook, Twitter, or Instagram accounts), those social media sites may share information about you with us, including your public profile, e-mail address and friend list. FURTHERMORE, THE SHUTTERFLY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. 16377 Views Jul 30, 2018 CS Knowledgebase. Shutterfly is part of theShutterfly family of companies and brands. Attn: Legal Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. Photos you upload to Shutterfly may be incorporated into product recommendations that appear on your Shutterfly homepage or in communications we send to you, but these photos arent used in public advertising, and only you will receive customized product recommendations made using your photos. Enhance your curriculum to make it more exciting for your students with our personalized lesson plans. If you exceed the limits of your plan, you may be prevented from adding more video content, and you will be prompted to upgrade your plan. Note to Schools:Separate terms of service, not these Terms, apply to products and services (including websites, applications and online services) that are designed for the use and benefit of the schools and school districts Lifetouch provides service to for their administrative and educational purposes and which are used by or at the direction of teachers or other school or district employees (a School Service). If you would like to make changes to your Custom Design or Custom Designed Product, our customer service representatives are available to assist you. 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. 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. Shutterfly for iPad: using your iPad to view Shutterfly albums (and pictures others have shared with you) . 2. 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 deny deletion requests in whole or in part as permitted or required by applicable law. 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. If you subsequently want to unlink your social media account, please contact customer service or use available tools on the site. 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. You will be billed at the start of your Video Plan and each year thereafter, unless and until you cancel your subscription. We share your photos only in the following circumstances: Can I upload videos from YouTube to my Share Site? For more information about these tools please visit:NAI Opt-Out PageandDAA Opt-Out Page. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps without our written consent. Thousands of new, high-quality pictures added every day. But, if you are curious, YouTube is owned by Google, and you can view Googles privacy policyhere. Shutterfly Home We can help you to store, share, create and organize an unlimited amount of your child's photos, artwork, and other schoolwork and memories. Teachers can showcase their students' abilities and creativity with our Photo Story app. Note to Schools and Parents about Lifetouch Pre K-12 Applications. View our Privacy Policy by visiting:https://sflyincprd.wpengine.com/privacy/. 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. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Lifetouch responded to data subject rights requests within 36 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. If you choose to like or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. 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. Please refer to the Terms of Service associated with those School Services or contact us through your Lifetouch school account representative for further information. 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. Effortlessly gather, quickly find, and magically create. 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. We will not knowingly collect personally identifiable information from children. In such cases, we may, at our option, provide you with another web page and URL. NOTE: THESE TERMS OF USE CONTAINS AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE ARBITRATION SECTION BELOW (SECTION 19) THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES. Some jurisdictions provide additional legal rights, as described in our Supplemental Notices below. Read Our Shutterfly Promise . 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. Provided an SNS permits this, we can capture and make available on the Site and through the Apps the photos and other content that you have stored in your account(s) with such SNSs (SNS Content). creating-an-account-1. You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests. 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. Arbitrators can award the same damages and relief that a court can award. 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. DMCA notices and counter-notices regarding our Sites and Apps, or notices concerning trademark use in personalized products we make or in our Sites and Apps, should be sent to: Shutterfly, LLC 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. Our Sites and Apps are hosted in the United States. For example, a directory that we produce for your employer or your university may have your contact information or other information about you. Each automatic renewal and corresponding payment will be processed on the first day of the new term. By enrolling in the Video Plan, you expressly allow us to charge a fee to the payment method (Payment Method) you selected during purchase (or to a different Payment Method if you change your billing information) at the then-current rate, and any other charges or taxes that may apply in connection with your use of the service. You may request the Custom Design be applied to any of our current product offerings. 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 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 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 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. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc. 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. Shortly after your session, you will receive an email from JCPenney Portraits that your high-res images are available to claim on Shutterfly. The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. 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. For more information, see the section titled Your Photos, below. 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. As a part of the Shutterfly family of brands, Lifetouch delivers all digital images to customers via the Shutterfly.com secure photo platform. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. Our Privacy Notice only applies to our Sites and Apps, and we are not responsible for the privacy practices, security standards, or content of other sites. 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. 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. You also certify that any statements made by you in the Social Media Submission(s) reflect your honest opinions, findings, beliefs or experiences. 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. Vernita Miracle-Pond & Samantha Paraf v. Shutterfly, Inc. Recap 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. Find it on your Picture Day flyer. Shutterfly reserves the right to accept or reject your membership in the Video Plan in our sole discretion. Lifetouch will never sell student photos or yearbooks to a third party for resale.**. We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your CCPA rights. Our private Classroom Share sites provide a virtual meeting space where teachers and parents can communicate with each other. Lifetouch also offers the photographs for purchase by parents. What are my options? YOU MAY ONLY CANCEL YOUR VIDEO PLAN WITHIN THE FIRST 30 DAYS AFTER THE START OF YOUR VIDEO PLAN. Shutterfly will retain your information only for as long as is necessary for the purposes set out in this Notice, for as long as your account is active (i.e., for the lifetime of your user account), or as needed to provide the Sites, Apps and associated services (Services) to you. We also reserve the right at any time to change the pricing and/or subscription fee as well as plan benefits offered such as storage capacity or features. You represent to us that you are at least 18 years old. San Jose, CA 95113 While some of these rights apply generally, certain rights apply in limited cases. Order Prestige photography and enjoy a special offer at Shutterfly. Supplemental Notice to Visitors from outside of the United States. You must have a current account with us in order to use the Video Plan. We expressly reserve the right to suspend or terminate your membership and subscription in the event we are unable to charge to your Payment Method. They will be conveniently added to your Shutterfly account. We encourage you to read this Privacy Notice in its entirety before using our services. How do we use that information? 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. 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. 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. For example, if Lifetouch is producing student ID cards, we need the student ID number to do the job. Not without permission of the photo subject. Customers who placed orders that include digital images using a paper order form can visit shutterfly.com/claim and enter the Portrait ID and Access code that is included in your portrait packet to retrieve their images. Preschool Ordering Preschool Photos 1. You may also downgrade your plan at any time by contacting customer support at ourHelp Center. Patents listedhereand by other issued U.S. patents and pending U.S. patent applications. Your school retains the authority to control Lifetouchs use of the information it provides to Lifetouch and to require its return or destruction at any time. Lifetouch provides those photos to the school for use in the school yearbook, student IDs, classroom seating charts and other school-related purposes. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Please read this carefully. How does Lifetouch use the information it receives from schools? Shutterfly prices for larger print sizes are also in the midrange. If you do not delete sufficient video content, we reserve the right to suspend or terminate your plan. Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion. 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. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SHUTTERFLY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Title. 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.
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