Shutterfly 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. You represent to us that you are at least 18 years old. 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. Except as expressly authorized hereunder, our Sites and Apps may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. 2. 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. If Shutterfly initiates arbitration, it will send a written Notice to the email address used for your account. 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. 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. YOUR CONTINUED USE OF ANY OF THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. 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. The Notice to Shutterfly must be addressed to: General Counsel, Shutterfly, LLC, 10 Almaden Blvd., Suite 900, San Jose, CA 95113 (Notice Address). Order Prestige photography and enjoy a special offer at Shutterfly. Snapfish again has the best price at 69 cents for a 5-by-7 print. California residents have the right to opt out of such sharing. 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 have an account on any of our Sites and Apps, we will verify your identity by having you log in to your account. 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 . Teachers can showcase their students' abilities and creativity with our Photo Story app. 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. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors. We make it easy to reach out to parents so you can work together to enhance each child's learning experience. Tap Download. Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. But, if you are curious, YouTube is owned by Google, and you can view Googles privacy policyhere. We do not share your personal data with YouTube. 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. You may opt out of receiving such communications from us and change your contact preferences within your account at any time. How does Lifetouch use the information it receives from schools? Enter your Picture Day ID, which is unique to your school. If your childs Pre K-12 school engages Lifetouch for school Picture Day, see the section titled For Pre K-12 Educators and Parents for more information. Please be aware, however, that Lifetouch may deny your request and retain your photos under certain limited circumstances for example, if we have a contractual commitment to a school or other organization you are affiliated with (such as providing yearbook photos or the yearbook itself), if doing so would violate a law or court order, or if it would be unreasonably burdensome. Supplemental Notice to residents of California. Our fundraising storefront makes it easy for you to encourage and increase fundraiser participation without lifting a finger. If you would like to make changes to your Custom Design or Custom Designed Product, our customer service representatives are available to assist you. From the Shutterfly website: You can download your digital images from your personalized Lifetouch page on Shutterfly by selecting a thumbnail image and clicking on 'Download Selected'. But under California law, sharing information with third parties for targeted advertising purposes may be considered a sale of personal information. Shutterfly Studio helps consumers view, organize and edit their pictures . 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. Our Classroom Share sites have plenty of ideas and resources for teachers to use to create and share photos and videos about their students' progress and activities from anywhere. 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. Changes to our Notice will become effective when posted. Shutterfly Share Sites allows you to add content from YouTube to your own Share Site, and we use YouTube API Services to provide that content. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. Lifetouch provides complimentary SmileSafe photo ID cards to the families of each Pre K-12 student photographed in participating schools, at no extra cost and regardless of whether the family has purchased photographs. 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. As a part of the Shutterfly family of brands, Lifetouch delivers all digital images to customers via the Shutterfly.com secure photo platform. 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. Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (Third Party Properties). 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 our Sites and Apps solely for your personal, noncommercial use. The Shutterfly Promise. Pending resolution of any such requests to a court, you and Shutterfly agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. RitzPix charges $3.25 for a 5-by-7 and $5.29 for an 8-by . Lifetouch does not share its photographs with law enforcement unless a parent or guardian has expressly requested us do so in accordance with our SmileSafe child safety program or on an exceptional basis pursuant to legal process. Your students can create self-published books while you support project-based learning teaching initiatives. 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. Find Shutterfly stock images in HD and millions of other royalty-free stock photos, illustrations and vectors in the Shutterstock collection. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. 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. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights. Upon termination for any reason, your right to access and/or use our Sites and Apps will immediately cease. Lifetouch photographs children by agreement with the schools we work with. 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. 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. 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. As part of our services such as Shutterfly Share Sites we may provide you with access to and use of certain personalized pages and the corresponding web addresses (URLs) you choose. Lifetouch Pre K-12 Applications include the Lifetouch Portal for school administrators and our Lifetouch Yearbooks applications and online tools. 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 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. 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. 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. Shutterfly is part of theShutterfly family of companies and brands. 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. What personal information do we collect? . 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. No, Shutterfly does not use your photos in our advertisements. User Submitted Materials that violate these Terms may be removed from our Sites and Apps; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. 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. The digital portrait eligible for the promotion is a low resolution image. From time to time, we may offer you promotions that provide a discount on Video Plans or make Video Plans free for a period of time. Please read this carefully. Cookies help us personalize your experience and save time during checkout. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.copyright.govfor details. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be or are held to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If you would like to appeal a decision related to a request to exercise your rights under this Supplemental Notice, please contact us at the phone numbers, online forms, or email address listed above. See YouTubes Terms of Servicehere. We reserve the right to report to the appropriate law enforcement or government agencies any information that we believe may be evidence of criminal activity or violation of any applicable law. Our sites do not currently respond to all Do Not Track settings; however, we treat Global Privacy Control signals as requests to opt out of the sale or sharing of personal information pursuant to the California Privacy Rights Act. That is, we dont provide your personally identifiable information to third parties in exchange for money. Lifetouch also offers the photographs for purchase by parents. You will also be responsible for paying any applicable taxes relating to your purchases. Portions of our Sites and Apps are covered by the U.S. With respect to Lifetouch Pre K-12 Applications, Lifetouch will: If you are an authorized user of a Lifetouch Pre K-12 Application, please refer to the Terms of Service linked to from that service or contact us through your Lifetouch school account representative for further information. Enhance your curriculum to make it more exciting for your students with our personalized lesson plans. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs. Your use of our Sites and Apps is also subject to our Terms and Conditions. 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. THIRD-PARTY SITES, SOFTWARE AND SERVICES. 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. Supplemental Notice to Residents of Nevada. Vernita Miracle-Pond & Samantha Paraf v. Shutterfly, Inc. Recap 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. You will immediately notify us of any unauthorized use of your account on any of our Sites and Apps. 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. How to use Shutterstock's Al image generator. Do Not Sell or Share My Personal Information. Any such information will be treated as described in ourPrivacy Policy. 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. 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. Unless Shutterfly and you agree otherwise, any arbitration hearings will take place virtually or in the county of your residence. 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. Perfect for printing on a variety of products and prints up to 8x10. While some of these rights apply generally, certain rights apply in limited cases. 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. 1999-2022 Shutterfly All rights reserved.. Shutterfly family of companies and brands, Google Advertising Cookie out-out browser add-on. Your continued use of our websites, mobile applications and/or other services following such notice acknowledges your acceptance of such updated terms. Order a package that includes digital delivery and the images you've selected in this package will be available digitally on Shutterfly.com. For . We may receive your email or mailing address in order to deliver Picture Day-related communications on behalf of the school. 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. If you have a Shutterfly account, you control how long it remains active. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST CANCEL YOUR PROGRAM MEMBERSHIP. You agree that it is your responsibility to keep your Payment Method up-to-date. 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. Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. Our yearbook image product includes images of students sorted by name, grade and other classifying data per your schools requirements. Digital images for re-take sessions are delivered through Shutterfly in the same way as your original pictures. 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. Please be aware that U.S. privacy laws, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. You may also manage the cookies and trackers we use on our Sites and Apps through the settings in our Transcend.io interface. 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. It affects your rights. 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. Shutterfly did not deny any verified requests or receive any do not sell requests. If you choose to like or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. For example, if Lifetouch is producing student ID cards, we need the student ID number to do the job. 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. Although no website, application, database or system is completely secure or hacker proof, we have safeguards in place to protect against unauthorized access and disclosures of the personal information we control, including technical, physical and administrative safeguards and security measures. 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. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. For example, we may receive information about you from a partner when we jointly offer services or when you elect to link your Shutterfly account with another companys account. Consistent with applicable laws, this Supplemental Notice provides a way to exercise such rights for residents of California, Virginia, Colorado and Connecticut. Shutterfly responded to data subject rights requests within 19 days on average. 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). You can notify us of your preferences when you create an account with us, and if you would like to review, correct or delete your personal information on our Sites and Apps, you can do so via your account settings. 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. They contain (a) the General Terms of Service (General Terms) that govern your use of and access to any and all of our websites, mobile sites, and mobile applications (collectively, our Sites and Apps), as well as our provision of products and services. We may require certain information from you to validate your request before deletion. There may be times when we are unable to fulfill your request for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we cannot separate your data), if we are prohibited by law from disclosing the information, or if we have a legal obligation to retain certain data. Shutterfly reserves the right to accept or reject your membership in the Video Plan in our sole discretion. 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. 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.

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