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). If you are a user of Shutterfly Share Sites, please be aware that Shutterfly will be discontinuing the Share Site service in March, and more information will be made available soon. Where can I download my digital image? 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. It did not deny any verified requests or receive any do not sell requests. Frequently Asked Questions | Prestige Portraits If ordering digital images only, all session images are provided but do not include retouching. RitzPix charges $3.25 for a 5-by-7 and $5.29 for an 8-by . If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. 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 understand that Permitted Parties shall be under no obligation to exercise the rights granted herein. 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. 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. In preparation for Picture Day, Lifetouch requires certain basic information from your childs school record, such as name, grade and homeroom teacher name. Order Prestige photography and enjoy a special offer at Shutterfly. All information that you provide to us or our third party payment processor must be accurate, current and complete. Do Not Sell or Share My Personal Information. As used in these Terms, billing will indicate either a charge or debit, as applicable, against your Payment Method. Your and Shutterflys right to recover attorneys fees, costs and arbitration fees, shall be governed the laws that apply to the parties dispute, as well as any applicable arbitration rules. We are equally committed to respecting your privacy. If you use Shutterflys Share Sites, you have the option to upload videos from YouTube to your Share Site. Supplemental Notice to residents of California. 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. 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. 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 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. 1. Shutterfly will retain your photos for as long as you maintain Active Participation with us. You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person. Snapfish again has the best price at 69 cents for a 5-by-7 print. 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. Does Lifetouch use pictures of customers in advertisements? 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). We can help you to store, share, create and organize an unlimited amount of your child's photos, artwork, and other schoolwork and memories. 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. 1. Shutterfly BIPA Settlement 2021 - $6.75M for illegally storing users If you no longer want Shutterfly to use your information to provide the Services to you, you may close your account. If you do not delete sufficient video content, we reserve the right to suspend or terminate your plan. What personal information do we collect? 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. We have a wide variety of tools to empower your students to express their creativity. In such cases, we do not retain or use your contact information for any other purpose unless you opt in to receive updates and promotional offers from us. We collect the basic information in advance of Picture Day to match names to the pictures we take and for efficient distribution within the school. 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. 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. The digital portrait eligible for the promotion is a low resolution image. You can also navigate to My Photos, select a single or multiple photos and click the download button. (Back to Top) Article Data. 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 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. Lifetouch Pictures on Shutterfly ), please do not submit them to us without our prior written approval. 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 are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. 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. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights. A class of Illinois individuals who claimed that Shutterfly, Inc. illegally gathered and maintained their biometric data without their consent, in violation of Illinois BIPA privacy law, have reached a $6.75 million settlement. Instead, we share only your search terms you use to find the video to download through YouTubes API Services. 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. We may revise these Terms from time to time by posting a revised version. If you are a California resident under the age of 18, and a registered user of any site where this Notice is posted, you may request and obtain removal of content or information you have publicly posted on such site. The content you choose to upload to our service, including your photos and the information you store in your address book, may include personal information of others. 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. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of us or any of our family of brands. Shutterfly photo prints range from a modest 4x6 prints to a more sizable 12x36. Please read this carefully. Any such information will be treated as described in ourPrivacy Policy. These services are provided throughout the school year. If you choose to share your photographs or other information with someone else through a feature we offer, we will use the personal information you provide (for example, the e-mail address of the recipient) to fulfill your request and for other purposes described in this Privacy Notice. Preschool Ordering Preschool Photos 1. If Shutterfly and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Shutterfly may (i) commence an arbitration proceeding or (ii) file a claim in small claims court for individual disputes or claims within the scope of that courts jurisdiction. 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). The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law (e.g., as a fair use); and. How does Lifetouch use the information it receives from schools? 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. Shutterfly reserves the right to accept or reject your membership in the Video Plan in our sole discretion. If you do not have an account on our Sites and Apps, we will attempt to verify your request by asking you to provide identifying information that we will match to information in our files. Our Sites and Apps may be linked on other websites or may contain links to other websites. If you have a Shutterfly account, you control how long it remains active. 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. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. 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. 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. These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.
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