You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. 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. 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. Shutterfly prices for larger print sizes are also in the midrange. 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. Vernita Miracle-Pond & Samantha Paraf v. Shutterfly, Inc. Recap Our fundraising storefront makes it easy for you to encourage and increase fundraiser participation without lifting a finger. Order a package that includes digital delivery and the images you've selected in this package will be available digitally on Shutterfly.com. 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. Depending on the terms of your promotional offer, you may be enrolled into a Video Plan following the expiration of your promotional period unless you cancel prior to the end of the promotional period. Do Not Sell or Share My Personal Information. We have a wide variety of tools to empower your students to express their creativity. 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. Shutterfly may, in its sole discretion, and without notice modify the terms and conditions of the Video Plan. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE SHUTTERFLY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. Edit the image using features like Zoom out, if you like. Arbitration is more informal than a lawsuit in court. You have several options to manage cookies and trackers. Shutterfly If you are currently enrolled in an annual Video Plan, we will inform you by email before automatically renewing your Video Plan. Teachers can showcase their students' abilities and creativity with our Photo Story app. 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 reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion. To make such a request, please send an email with the subject line California Minor Content Removal Request to [email protected]. 16. Digital images for re-take sessions are delivered through Shutterfly in the same way as your original pictures. You agree not to disclose your username or password to any third party. 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. 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. Your students can create self-published books while you support project-based learning teaching initiatives. If Lifetouch photographs you or your child pursuant to a contract with a school, business or other organization you are affiliated with, Lifetouch will share your information with that organization as necessary to fulfill its contractual obligations. If you already have a Shutterfly account, youll simply log in to access your digital images. To place an order with a customer service representative please call us toll-free at 1-800-736-4775. For listings, please provide the listing URL to each item before it was removed or disabled, A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material. 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. We direct you to such Third Party Properties only as a convenience. Lifetouch did not deny any verified requests or receive any do not sell requests. Digital Camera Resolution Settings. All information that you provide to us or our third party payment processor must be accurate, current and complete. We will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed Product. I have two children graduating this year. You may access and use our Sites and Apps solely for your personal, noncommercial use. With a membership to the Video Plan, members are entitled to the benefits outlined below, subject to the requirements and limitations of these Terms. If you dont want our Sites and Apps to collect information using these technologies, you can change your web browser settings to reject Cookies from the site or to alert you before a cookie is placed on your computer. In the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and Shutterfly agree that the demands will constitute a Mass Arbitration. If a Mass Arbitration is commenced, you and Shutterfly agree that it shall not be governed by the AAA Rules or administered by the AAA. Lifetouch Pre K-12 Applications include the Lifetouch Portal for school administrators and our Lifetouch Yearbooks applications and online tools. 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. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. Does Lifetouch share my childs school photos with my childs school? You may purchase traditional printed school photos from Lifetouch for delivery to you through your childs school. 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. 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. 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. Enhance your curriculum to make it more exciting for your students with our personalized lesson plans. We offer time-honored Picture Day products to the families of children we photograph while fulfilling a necessary role at no charge to the school. ), please do not submit them to us without our prior written approval. You may also downgrade your plan at any time by contacting customer support at ourHelp Center. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, or provide content that may be objectionable to you. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. 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. Order a package that includes digital delivery and the images youve selected in this package will be available digitally on Shutterfly.com. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST CANCEL YOUR PROGRAM MEMBERSHIP. Note to Schools and Parents about Lifetouch Pre K-12 Applications. Consistent with applicable laws, this Supplemental Notice provides a way to exercise such rights for residents of California, Virginia, Colorado and Connecticut. Frequently Asked Questions | Prestige Portraits Lifetouch never has access to sensitive information, such as grades or attendance data, from your childs record. This will download the image in full resolution. Then click on 'Albums' and 'Lifetouch.' Select a thumbnail image and click on Download Selected to download the image in full resolution. Try for free Images Video Music Templates Editorial 3D Models 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 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. 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. on Shutterfly Lifetouch and Shutterfly share many similarities, but it's uniquely special that we bring together two companies that share the mission of helping families capture, preserve and share life's special moments. Thousands of new, high-quality pictures added every day. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site and through our Apps. 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. Customer Support We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our Sites and Apps or others. You have choices about how your information is collected and used. 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. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. You represent to us that you are at least 18 years old. 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. Supplemental Notice to Visitors from outside of the United States. 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. The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. 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. As a part of the Shutterfly family of brands, Lifetouch delivers all digital images to customers via the Shutterfly.com secure photo platform. 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. As part of our agreement with your childs school, Lifetouch provides various services that support the schools administrative needs, which may include student ID cards for lunch, library and transportation purposes and digital images for the school to use for student recognition, awards, teacher tools, yearbooks, memory books and class composites. The right to be free from discrimination based on your exercise of your privacy rights. 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). Enter your Picture Day ID found on your ordering sheet. In the event of cancellation, expiration, downgrade or termination of your membership and Video Plan, you may be unable to access your Video Content and you may no longer be allowed to upload additional Video Content. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

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