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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. I have two children graduating this year. Yes schools and preschools across the United States and Canada entrust Lifetouch to photograph students and staff as part of the time-honored tradition of Picture Day. Educators and parents can transform the success of their fundraising efforts with our Storefront for School. 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). 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. IF YOU CANCEL YOUR VIDEO PLAN WITHIN THE FIRST THIRTY (30) DAYS OF THE START OF THE VIDEO PLAN, YOU WILL RECEIVE A FULL REFUND. Not without permission of the photo subject. 16377 Views Jul 30, 2018 CS Knowledgebase. California residents have the right to opt out of such sharing. Create photo books, personalize photo cards & stationery, and share photos with family and friends at Shutterfly,com, Shutterfly , My Account 9/30/21 FREE SHIPPING on orders $79* code: SHIP79 Disparu : claim. 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. 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. Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. Shutterfly Creating an 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. We will not knowingly collect personally identifiable information from children. Since 1936, Lifetouch has been a trusted provider of school services, providing photography services to schools and families across the United States and Canada. To cancel, please contact Customer Support at ourHelp Center. 6501 et seq. 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. 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. 10 Almaden Blvd., Suite 900 As soon as your Lifetouch digital image is ready, youll receive an email directing you to shutterfly.com. You represent to us that you are at least 18 years old. We do not assign monetary or other value to personal information, but the value of such personal information is reasonably related to the estimated value of the financial incentive offered when the information was collected. To create an account go to SIGN UP at Shutterfly. If you wish to purchase any products or services through any of our Sites and Apps, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. 2. The Network Advertising Alliance (NAI) and the Digital Advertising Alliance (DAA) offer opt-out tools to help you manage your choices for participating companies that use Cookies for Interest-Based Advertising and cross-app advertising. Then click on 'Albums' and 'Lifetouch.' Select a thumbnail image and click on Download Selected to download the image in full resolution. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control. Supplemental Notice to Residents of Nevada. The digital portrait eligible for the promotion is a low resolution image. How long does Lifetouch keep photos? We may share personal information in the following situations. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. Schools ultimately decide how much, or how little, information is used in producing School Service Items. 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. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. ), 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. Our Sites and Apps are hosted in the United States. Once such data is no longer needed for such purposes, it is securely destroyed. We make it easy to reach out to parents so you can work together to enhance each child's learning experience. With a membership to the Video Plan, members are entitled to the benefits outlined below, subject to the requirements and limitations of these Terms. . 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. To make such a request, please send an email with the subject line California Minor Content Removal Request to legal@shutterfly.com. 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. Our Sites and Apps may be linked on other websites or may contain links to other websites. This information may be collected directly from you (for example, when you complete our forms or enter your information on our websites to make a purchase) or indirectly through your device or browser when you visit our Sites and Apps. For example, a directory that we produce for your employer or your university may have your contact information or other information about you. Does Lifetouch share my childs school photos with my childs school? You may download or copy a form Notice and a form to initiate arbitration atwww.adr.org. In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, Promotions) made available through our Sites and Apps may be governed by specific rules that are separate from this Agreement. THIRD-PARTY SITES, SOFTWARE AND SERVICES. 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). If any such change is found to be unenforceable, void, invalid, it is severable and does not affect the validity and enforceability of any remaining changes or conditions. ), please do not submit them to us without our prior written approval. Click herefor more information about this exceptional child safety program. 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. 6. Please note that an additional legal agreement may be required by us in order to evaluate your idea or suggestion. If you choose to like or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. Customer Support If you have any questions or comments regarding these Terms, please contact:legal@shutterfly.com. 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 may also lose access to certain features or functionality only available to current subscribers. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Sites and Apps. 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. CHICAGO (CN) - A federal judge refused to dismiss class-action claims that online photo service Shutterfly gathers and stores facial-geometry scans of people who have never uploaded digital images onto its website. Effortlessly gather, quickly find, and magically create. 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. Arbitration is more informal than a lawsuit in court. How to use Shutterstock's Al image generator. You may upgrade your plan at any time by accessing the Settings section of the Shutterfly Photos area of the Site (photos.shutterfly.com). Enter your Picture Day ID found on your ordering sheet. Arbitrators can award the same damages and relief that a court can award. If you make choices and return to our site from a different browser or machine, you will need to repeat these choices. In such cases, we may, at our option, provide you with another web page and URL. 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. 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. You agree that it is your responsibility to keep your Payment Method up-to-date. This section explains how Lifetouch collects and uses student information for Picture Day, as well as in connection with websites, applications and online services offered by Lifetouch for the use and benefit of the schools and school districts for their administrative and educational purposes. 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. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. Please specify in your request which website or application your request relates to and the specific information or content that you would like removed. They will be conveniently added to your Shutterfly account. Supplemental Notice to residents of California. Lifetouch will respond on a 24/7 basis to aid search efforts. 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. In 2021, Shutterfly received and completed 540 verified deletion requests and 172 verified access requests. 1. 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. 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. 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. 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.

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