shutterfly claim digital image

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. By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site and through our Apps. This arbitration provision shall survive termination of this Agreement and the termination of your Shutterfly account. You agree that it is your responsibility to keep your Payment Method up-to-date. 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. Each automatic renewal and corresponding payment will be processed on the first day of the new term. Law Enforcement, Mergers, and Other Situations. 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 not have a Shutterfly account, you will be guided to create one through the image retrieval process. You can inquire regarding such approval by sending a letter to Shutterfly, LLC, Attn: Idea Submission, 10 Almaden Blvd., Suite 900, San Jose, CA 95113. Lifetouch is proud of its work as a professional photographer, and from time to time we request permission from our customers to display their photos as samples of our work. Try for free Images Video Music Templates Editorial 3D Models By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. Shutterfly Video Plan (Video Plan) is a subscription program designed to offer customers certain benefits from Shutterfly. In 2021, Shutterfly received and completed 540 verified deletion requests and 172 verified access requests. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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. 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 you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. We may also receive your email or mailing address in order to deliver Picture Day-related communications on behalf of your organization. Perfect for printing on a variety of products and prints up to 8x10. Perfect for printing on a variety of products and prints up to 8x10. How do we use that information? We use the information collected by our third-party service providers using Cookies to analyze and track data, improve our services, determine the popularity of certain content, and better understand our users online activity. No, Shutterfly does not use your photos in our advertisements. 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. 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. 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. We may receive your email or mailing address in order to deliver Picture Day-related communications on behalf of the school. Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence. Click on 'Photo' at the top of the page. 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 ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. We direct you to such Third Party Properties only as a convenience. 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. Using Shutterfly's Classroom Share sites parents can keep up with what's going on in their child's life in school, whether they're in the classroom, on field trips or engaged in some other type of educational activity. 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. 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. THIRD-PARTY SITES, SOFTWARE AND SERVICES. In such cases, we may, at our option, provide you with another web page and URL. For example, if Lifetouch is producing student ID cards, we need the student ID number to do the job. Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps. It affects your rights. Thousands of new, high-quality pictures added every day. Upon termination for any reason, your right to access and/or use our Sites and Apps will immediately cease. If any provision of this paragraph is determined to be unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then the parties agree that the claim or particular remedy (and only that claim or remedy) must be decided by a court after all other claims and requests for relief are arbitrated. Creating an Account. 6501 et seq. Enhance your curriculum to make it more exciting for your students with our personalized lesson plans. Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. This right applies even if their personal information is not currently being sold. Or just license and download. Order a package that includes digital delivery and the images you've selected in this package will be available digitally on Shutterfly.com. 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. Tap the 3 dots in the upper right-hand corner. 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. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that partys individual claim. If you have any questions or comments regarding these Terms, please contact:legal@shutterfly.com. Harmony Township School Your name, address, telephone number, and email address. Your use of our Sites and Apps is also subject to our Terms and Conditions. If you are a Shutterfly customer in the United States (including its possessions and territories), you and Shutterfly agree that any dispute, claim or controversy arising out of or relating in any way to a Shutterfly product or service, these Terms of Use and this Arbitration Agreement, or your relationship with Shutterfly (past, present, or future) shall be determined by binding arbitration or in small claims court. 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. Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. 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. 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. 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. 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. You can also find it listed, along with your Picture Day date, on the Picture Day Finder. If you are currently enrolled in an annual Video Plan, we will inform you by email before automatically renewing your Video Plan. Do you share the photos that I upload to Shutterfly? Image Download Options; Sharing Photos; My Photo Storage Limits; Organize My Photos; Live chat: Shutterfly Assistant. Can I split a package between them? Does Shutterfly collect information from my photos and projects? We are equally committed to respecting your privacy. We and our service providers collect information about how you use our services for example what web or mobile pages you have viewed to analyze trends, generate analytics, provide a better user experience, improve our products and services, detect and prevent fraud or security incidents and gather broad demographic information for aggregate use. 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. 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. Not without permission of the photo subject. It is Shutterflys policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement. Depending on where you reside, you may also have additional legal rights with respect to your information. Lifetouch provides those photos to the school for use in the school yearbook, student IDs, classroom seating charts and other school-related purposes. 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. This is available as an add-on to your Digital Album for only $29.99. Lifetouch Pre K-12 Applications include the Lifetouch Portal for school administrators and our Lifetouch Yearbooks applications and online tools. Shutterfly. If you choose not to accept cookies or trackers used for analytics and site functionality, you will not be able to enjoy all the features available to our registered users. Lifetouch never has access to sensitive information, such as grades or attendance data, from your childs record. 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. 1. 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. 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. Click Generate. 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. 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. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. 10 Almaden Blvd., Suite 900 Shutterfly | Photo Books, Cards, Prints, Wall Art, Gifts, Wedding Photo Books Cards & Stationery Home Decor Prints Gifts Wall Art Graduation Wedding Deals More 104732 EXTENDED Left For 50% Off All Cards Shop Now > 50% Off All Cards Share your senior's good news with announcements and invites that match their personality. If Shutterfly initiates arbitration, it will send a written Notice to the email address used for your account. 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. We will notify you in advance of any change in the amount to be charged for the renewed plan in the pre-renewal notification. We may combine this information with your personal information for the purposes described in this Notice. Our Sites and Apps are Shutterfly, LLC All rights reserved. Find your Portrait ID and Access Code, which is unique to each student, on your proofs or order sheet. Shutterfly Studio helps consumers view, organize and edit their pictures . URL Name. A $6.75 million settlement has been reached in a Shutterfly class action lawsuit filed by certain Illinois consumers who say they appear in photos on the site in violation of the Illinois Biometric Information Privacy Act (BIPA). 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. 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. If you would like to make changes to your Custom Design or Custom Designed Product, our customer service representatives are available to assist you. Shutterfly photo prints range from a modest 4x6 prints to a more sizable 12x36. The parties agree that the notice required by this Section is a material provision of these Terms. ), please do not submit them to us without our prior written approval. 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. Our private Classroom Share sites provide a virtual meeting space where teachers and parents can communicate with each other. That is, we dont provide your personally identifiable information to third parties in exchange for money. 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). We can help you to store, share, create and organize an unlimited amount of your child's photos, artwork, and other schoolwork and memories. 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. 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. 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. **Lifetouch does not sell, trade or share student data collected from your childs school with third parties for their marketing purposes, nor do we use such data in ways that are unrelated to the purposes authorized by the school. Does Lifetouch share my childs school photos with my childs school? Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion. BorrowLenses received and completed no verified deletion requests and no access requests. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Lifetouch retains the basic information it collects from schools only as necessary and permissible to promote the sale of school pictures to parents, to retrieve the images to supply picture orders and to support the school for an approved administrative purpose. 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. How do we use that information? If so, how do you use it? If we are interested in pursuing any idea or suggestion of yours, we will contact you. FURTHERMORE, THE SHUTTERFLY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. 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. Changes to our Notice will become effective when posted. For information about what categories of personal information we may collect from our customers, the sources of that information, the purposes for collecting and using that information, and what types of third party service providers we may share that information with, please see our section titledWhat personal information do we collect? You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable. 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. 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. As used in these Terms, billing will indicate either a charge or debit, as applicable, against your Payment Method. Upon termination, Shutterfly may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. 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. For more information, see the section titled Your Photos, below. creating-an-account-1. 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. Order school pictures on mylifetouch.com and enjoy a special offer from Shutterfly! 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. We use your information to fulfill product orders, to customize and improve the advertising and content you see, to offer suggestions for personalized products based on your content, to deliver marketing communications and promotional materials that you may be interested in, to contact you and provide customer service, to protect the security or integrity of our databases or websites, to detect and prevent fraud or illegal activity, to take precautions against liability, to detect and remediate violations of our Terms of Use or other misuse of our Sites and Apps, to develop and improve our products and services, and for internal operational purposes. You can also print your photos in large or panoramic prints that look great in a gallery wall or as a statement piece on their own. (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additional terms also apply to specific services and brand offerings listed above. 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. Digital images remain in the consumer's Shutterfly account forever, giving families a comprehensive album of school pictures. Supplemental Notice to Visitors from outside of the United States. 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. 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. Fraudulent or abusive counter notices or other misuse of Shutterflys Intellectual Property Policy may result in account termination or other legal consequences. For example, if you purchase your childs first grade school photo, and Lifetouch photographs your child the following year, we may associate that photo with you and make the digital image available to you to purchase and store in your Shutterfly account. Lifetouch uses the basic information that it collects solely as necessary to produce such items for the school, to deliver Picture Day-related notices on behalf of your school, and to provide you opportunities to purchase your childs school pictures. With a membership to the Video Plan, members are entitled to the benefits outlined below, subject to the requirements and limitations of these Terms. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 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. 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. Educators and parents can transform the success of their fundraising efforts with our Storefront for School. 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. 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. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. At Shutterfly and Lifetouch, Pictures are the Big Picture. Read Our Shutterfly Promise . 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. Any such information will be treated as described in ourPrivacy Policy. You may access and use our Sites and Apps solely for your personal, noncommercial use. Your students can create self-published books while you support project-based learning teaching initiatives. 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. If you are a Lifetouch Customer, our goal is to make the photos we create available to you for years to come, and we will endeavor to retain a digital copy of one or more of your current and future source photos for you to claim and archive in your Shutterfly account, if you choose to do so. 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. Shutterfly did not deny any verified requests or receive any do not sell requests. 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. Whatever your needs are, Shutterfly for School can help you to capture and store each educational moment in a fun, creative, and personalized way. Our Sites and Apps are hosted in the United States. ), 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. 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.

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