Shutterfly did not deny any verified requests or receive any do not sell requests. As soon as your Prestige Photography digital images are ready, youll receive and email directing you to Shutterfly.com. We also work with third party retail partners such as JCPenney when we operate professional photography studios within their stores, and if you are photographed in these studios, we will share your information with our retail partner. 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. This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. creating-an-account-1. The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. 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. Lifetouch doesnotuse its customers photographs in marketing or advertising materials to third parties without first obtaining a photo release from the photo subject (or, in the case of a minor, the photo subjects parent or legal representative). This will download the image in full resolution. You represent to us that you are at least 18 years old. To create an account, go to Sign Up at Shutterfly. Orders pre-ordered online on July 1, 2013 or later, are eligible for the free digital image download offer from Lifetouch Sports. Unless Shutterfly and you agree otherwise, any arbitration hearings will take place virtually or in the county of your residence. 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. 2. Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. 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). Lifetouch will never sell student photos or yearbooks to a third party for resale.**. 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. But under California law, sharing information with third parties for targeted advertising purposes may be considered a sale of personal information. That is, we dont provide your personally identifiable information to third parties in exchange for money. 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. Collected indirectly from customers browser or device, Inferred from information provided by customer, information collected indirectly from customers browser or device, and information obtained from third-party, Advertising and marketing our products to you, Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, Product creation and order fulfillment vendors, Identify verification as needed to protect the BorrowLenses business against deceptive, fraudulent or illegal activity, or loss of or damage to BorrowLenses equipment, Providing you customized product recommendations, Analytics to improve our products and services, Marketing and advertising service providers, Website performance and analytics vendors. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. We offer a variety of custom and personalized cards, invitations, announcements, photo books, and gifts for you to use to increase contributions for your school. Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Sites and Apps are not proprietary to you, and the rights to such template or layout will remain with us. 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. 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. 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. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Promotion. Go to Shutterfly.com and sign in to your account. Your continued use of our websites, mobile applications and/or other services following such notice acknowledges your acceptance of such updated terms. 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. 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. How to use Shutterstock's Al image generator. To sign up for your free Shutterfly account, click here - or click the "Sign up" link at the top of any Shutterfly page. 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 may deny deletion requests in whole or in part as permitted or required by applicable law. Our yearbook image product includes images of students sorted by name, grade and other classifying data per your schools requirements. 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. The following frequently asked questions relate to Lifetouch professional photographs taken in portrait studios, schools, businesses and other organizations that Lifetouch serves. 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. We reserve the right to ship partial orders (at no additional cost to you). 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. Lifetouch responded to data subject rights requests within 36 days on average. 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. Can I split a package between them? 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. We do not offer you the ability to opt-out of receiving those communications. In those cases, we do not retain or use your contact information for any other purpose unless you become our customer by purchasing our products, or if you opt in to receive updates and promotional offers from us. 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. They will be conveniently added to your Shutterfly 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 . Title. 6. 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'. How long do we retain the personal information we collect about you? Shutterfly offers by far the best envelope options. RitzPix charges $3.25 for a 5-by-7 and $5.29 for an 8-by . Before using any of our mobile applications (App or Apps), we may ask you to install a valid copy of the App on your mobile device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the App evolves. The information we need for Picture Day depends upon the specific services and deliverables Lifetouch is providing your school. It is Shutterflys policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement. The following Additional Terms apply to customers of Lifetouch professional photographs taken in portrait studios, schools, businesses and other organizations that Lifetouch serves. 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. We limit the information we collect to only that which is necessary for Picture Day and related authorized school purposes. You may also lose access to certain features or functionality only available to current subscribers. Welcome to Shutterfly and our family of brands. 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. 2. You may also downgrade your plan at any time by contacting customer support at ourHelp Center. Prints and other products in your order will be mailed home. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. The right to request information about personal information that we have collected about that customer in the 12 months preceding the customers request (including the categories of information collected, the source of that information, the business purpose of that collection, the categories of third parties with whom that information is shared, and the specific pieces of personal information collected about that particular customer); The right to receive requested information in a readily-usable format if provided electronically; The right to request that we delete any personal information about the consumer that we have collected (although we may be entitled to retain some information for certain purposes); The right to opt-out of sales of personal information to third parties, the sharing of personal information with third parties for targeted advertising purposes, and/or the processing of personal information for targeted advertising purposes; The right to update or correct any personal information which is out of date or incorrect; and. Where can I download my digital image? Also, please be aware that, if you shared your photo with other purchasers, your photo deletion request will not affect any photos retained in others photo libraries or those purchasers archiving preferences. Does Lifetouch use pictures of customers in advertisements? These service providers are only allowed to use your information in connection with the specific service they provide on our behalf. 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. Our Sites and Apps are controlled and operated from the United States. 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. You agree that it is your sole responsibility to review updated terms and conditions of the Video Plan posted by us at www.shutterfly.com. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (NAM), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the NAM Rules). DIGITAL IMAGES: Families that purchase a digital image will download their digital image on Shutterfly.com. 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. . 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. Depending on where you reside, you may also have additional legal rights with respect to your information. The personalized products we offer are made to order, and we reserve the right to charge your payment account method immediately when you place your order for such products. 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. The inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps through technological or other means without prior notice. Your students can create self-published books while you support project-based learning teaching initiatives. Shutterfly allows users to easily upload and share digital photographs. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES. Lifetouch did not deny any verified requests or receive any do not sell requests. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc. 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 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. 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. 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.
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