Those who choose to access Shutterfly do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. 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. Without limiting the foregoing, Shutterfly may terminate your membership in the Video Plan if you violate the Terms or any applicable law, terms and conditions of any services offered by us, or if your use of our services or the Video Plan is determined, in our discretion, to involve fraud or misuse. 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. Our yearbook image product includes images of students sorted by name, grade and other classifying data per your schools requirements. We do not charge a different price or rate or provide a different level or quality of goods or services based on your exercising your CCPA rights. This is available as an add-on to your Digital Album for only $29.99. 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'. If you do not have a Shutterfly account, the email will direct you to create one. Go to My.Lifetouch.com 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. In such event, you may no longer be allowed to upload additional Video Content. 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. Patents listedhereand by other issued U.S. patents and pending U.S. patent applications. Shutterfly prices for larger print sizes are also in the midrange. Lifetouch did not deny any verified requests or receive any do not sell requests. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control. 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. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. 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. Your use of our Sites and Apps is also subject to our Terms and Conditions. Harmony Township School TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 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). For example, if Lifetouch is producing student ID cards, we need the student ID number to do the job. 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. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. 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. Title. In accordance with the Federal Childrens Online Privacy Protection Act of 1998 (COPPA, 15 U.S.C. Do I need a Shutterfly account to purchase school photos? 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. What are my options? Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Sites and Apps. As of the date this Notice was last updated, Lifetouch has assisted with more than 2,000 searches and has contributed to the successful recovery of 56 children from 24 states as a direct result of the SmileSafe child safety program. To cancel, please contact Customer Support at ourHelp Center. 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. If you choose to like or share content, information about you may be publicly displayed on the social network, depending on your privacy settings. For further information regarding this website privacy statement or related Shutterfly or Lifetouch policies and procedures, please contact:privacy@shutterfly.com. 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. 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. 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. Law Enforcement, Mergers, and Other Situations. 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. 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. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. Shutterfly for iPad: using your iPad to view Shutterfly albums (and pictures others have shared with you) . Verification of information applicable to a purchase may be required prior to our acceptance of any order. 1999-2022 Shutterfly All rights reserved.. https://support.shutterfly.com/s/article/video-plans. 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. 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. 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. DIGITAL IMAGES: Families that purchase a digital image will download their digital image on Shutterfly.com. This arbitration provision shall survive termination of this Agreement and the termination of your Shutterfly account. Arbitration is more informal than a lawsuit in court. Additional terms also apply to specific services and brand offerings listed above. Shutterfly Studio helps consumers view, organize and edit their pictures . If you no longer want Shutterfly to use your information to provide the Services to you, you may close your account. Shutterfly photo prints range from a modest 4x6 prints to a more sizable 12x36. If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST CANCEL YOUR PROGRAM MEMBERSHIP. Preschool Ordering Preschool Photos 1. Our Sites and Apps are Shutterfly, LLC All rights reserved. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. 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. Order a package that includes digital delivery and the images youve selected in this package will be available digitally on Shutterfly.com. 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. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shutterfly are each waiving the right to a trial by jury or to participate in a class action. Our private Classroom Share sites provide a virtual meeting space where teachers and parents can communicate with each other. We work in collaboration with the National Center for Missing and Exploited Children (NCMEC), the United States leading experts in child protection. 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. Customer Support Our Sites and Apps are controlled and operated from the United States. 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. Thousands of new, high-quality pictures added every day. 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. 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. Below are a number of Frequently Asked Questions (FAQs) regarding the basic information that Lifetouch needs in order to provide its photography services. For example, we may receive information about you from a partner when we jointly offer services or when you elect to link your Shutterfly account with another companys account. Orders pre-ordered online on July 1, 2013 or later, are eligible for the free digital image download offer from Lifetouch Sports. Arbitrators can award the same damages and relief that a court can award. Lifetouch retains the copyright in its professional photographs. 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). Shutterfly Benefits Unlimited free photo storage Easily manage and find your photos Turn your photos into photo books, cards and gifts in just a few clicks Have questions about your Lifetouch digital images on Shutterfly? Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. You agree and represent to us (i) that you are the sole author of the Social Media Submission(s); (ii) if the Social Media Submission(s) include any photos, you are the photographer of the photos or you have secured the rights from the photographer necessary to allow you to grant the rights granted herein; (iii) if the Social Media Submission(s) include any photos of people, you have permission from each person who appears in the Social Media Submission(s) to grant the rights granted herein; (iv) the use of the Social Media Submission(s) as permitted hereunder will not violate or infringe upon the rights of any party or violate any law; (v) you have the full and exclusive right and authority to agree to the terms hereto; and (vi) you are eighteen years old or older. We may require additional personal information from you for the purposes of verifying your identity and rights. 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 Your continued use of our websites, mobile applications and/or other services following such notice acknowledges your acceptance of such updated terms. Your membership in other organizations and/or retail membership programs we partner with may entitle you to special offers on our Sites and Apps, in which case we share offer redemption information (which may include your information) with the partner as necessary to fulfill our contractual obligations.