If you clear cookies from your device or switch to a different browser, your opt-out will no longer be valid and you will need to opt out again where you want your choices to apply. Any such information will be treated as described in ourPrivacy Policy. Lifetouch provides complimentary SmileSafe photo ID cards to the families of each Pre K-12 student photographed in participating schools, at no extra cost and regardless of whether the family has purchased photographs. Shutterfly prices for larger print sizes are also in the midrange. 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. That is, we dont provide your personally identifiable information to third parties in exchange for money. To create an account, go to Sign Up at Shutterfly. If you are a parent who does not want your child to participate in your schools Picture Day, you must pre-arrange with the school not to have your child photographed. Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Sites and Apps, either independently of, or in conjunction with, our internally developed concepts. To sign up for your free Shutterfly account, click here - or click the "Sign up" link at the top of any Shutterfly page. 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. If you do not have a Shutterfly account, you will be guided to create one through the image retrieval process. 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. 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. We may offer various financial incentives and benefits (such as free shipping, discounts, and other special offers) to customers who interact with us in our Sites and Apps and provide personal information. Some Forum participants may use anonymous screen names and may have no other connection with us or any of our family of brands. Title. 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. You may purchase traditional printed school photos from Lifetouch for delivery to you through your childs school. 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. 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 About Digital Images - K-12 - force.com If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individuals name or address) with such User Submitted Materials. Digital images remain in the consumer's Shutterfly account forever, giving families a comprehensive album of school pictures. 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. San Jose, CA 95113 We may require certain information from you to validate your request before deletion. Shutterfly | Lifetouch 1999-2022 Shutterfly All rights reserved.. Shutterfly family of companies and brands, Google Advertising Cookie out-out browser add-on. Shutterfly allows users to easily upload and share digital photographs. 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. 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. You may access and use the Video Plan solely for your personal, noncommercial use. 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. If a parent or guardian becomes aware that their child has provided such information through our websites or apps, the parent or guardian should contact us in writing at legal@shutterfly.comso that we may respond appropriately. These Terms and your relationship with Shutterfly (past, present and in the future) are governed by and construed in accordance with the laws of the state in which you were billed for your purchase of the Shutterfly product or service that is subject to this Agreement, without regard to the states conflict of law provisions, and except to the extent preempted by or inconsistent with federal law. Not without permission of the photo subject. 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. 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). Do Not Sell or Share My Personal Information. 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. View our Privacy Policy by visiting:https://sflyincprd.wpengine.com/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. 16. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the rules of the applicable dispute resolution provider (i.e., the AAA Rules or the NAM Rules). 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 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. Finally, the perfect solution for all your photos. See YouTubes Terms of Servicehere. We will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed Product. Teachers can showcase their students' abilities and creativity with our Photo Story app. We encourage you to read this Privacy Notice in its entirety before using our services. 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. Arbitration is more informal than a lawsuit in court. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. We may deny deletion requests in whole or in part as permitted or required by applicable law. Please read this carefully. 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. Yes, if the Lifetouch and Shutterfly accounts are merged any purchased the Digital Image will . 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. Patents listedhereand by other issued U.S. patents and pending U.S. patent applications. For further information regarding this website privacy statement or related Shutterfly or Lifetouch policies and procedures, please contact:privacy@shutterfly.com. Portions of our Sites and Apps are covered by the U.S. If we are interested in pursuing any idea or suggestion of yours, we will contact you. It affects your rights. But under California law, sharing information with third parties for targeted advertising purposes may be considered a sale of personal information. We may also share Lifetouch school photographs with law enforcement in accordance with our SmileSafe child safety program. Attn: Legal 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. Prints and other products in your order will be mailed home. - (May 10, 2006) Today Shutterfly, Inc., the leading independent online photo service, introduced Shutterfly Studio software, a new photo-organizing application that provides consumers with everything they need to manage their growing collection of digital images. You continue to own and retain all rights, title and interest in and to your trademarks, copyrights and other intellectual property contained in the Custom Designed Product. Our Sites and Apps are Shutterfly, LLC All rights reserved. Shutterfly will retain your photos for as long as you maintain Active Participation with us. 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). Also in 2021, Lifetouch received and completed 8 verified deletion requests and 3verified access requests. We make it easy to reach out to parents so you can work together to enhance each child's learning experience. 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. What are my options? By agreeing to these terms by responding to Shutterflys request with the hashtag #YesShutterfly, you hereby agrere to these Terms of Use and grant to us and our licensees, designees, successors, agents, and assigns (collectively, Permitted Parties) the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free, fully-paid up right and license to use, publish, transmit, reproduce, copy, and adapt the Post(s), as well as your username, name, picture, likeness, social media handle, caption, comments and statements in connection with any use of your Post(s) (which all, collectively, shall be defined with the Post(s) as Social Media Submission(s)), edited or altered as the Permitted Parties see fit, throughout the world, including but not limited to on Permitted Parties social media platforms, in-app content, and on other domains, properties, or websites owned or licensed by the Permitted Parties, for any lawful purposes, including, without limitation, for purposes of advertising or trade and you waive any applicable moral rights you may have under the laws of the jurisdiction in which you reside, in and to the Post(s), in favor of the Permitted Parties. Our Sites and Apps are hosted in the United States. YOU AND SHUTTERFLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. I have two children graduating this year. THIRD-PARTY SITES, SOFTWARE AND SERVICES. 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. If you already have a Shutterfly account, youll simply log in to access your digital images. If ordering digital images only, all session images are provided but do . These services are provided throughout the school year. Tap Download. Once purchased, you will receive an email notification from Lifetouch + Shutterfly within 24-28 hours that will allow you to claim and view your digital images plus enhancements. 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 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. Shutterfly Illinois Biometric Privacy $6.75M Class Action Settlement Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. Shutterfly and Tiny Prints: Call us at (844) 535-3299 or request online by clicking on the following link: Lifetouch, Prestige Portraits, JCPenney Portraits by Lifetouch: Call us at (888) 288-2214 or request online at https://lifetouch.com/privacy-options/, BorrowLenses: Call us at (844) 853-6737 or write to MyInfo.BL@borrowlenses.com. If you accept a cookies or tracker, you can delete it at any time through your web browser. 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. What personal information do we collect? 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. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. Our yearbook image product includes images of students sorted by name, grade and other classifying data per your schools requirements. Your continued use of our websites, mobile applications and/or other services following such notice acknowledges your acceptance of such updated terms. Shutterfly Shutterfly reserves the right to withdraw or modify the financial incentives we offer at any time. Stock Images, Photos, Vectors, Video, and Music | Shutterstock Display adult nudity or inappropriate child nudity. California residents have the right to opt out of such sharing. 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. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. 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. We work in collaboration with the National Center for Missing and Exploited Children (NCMEC), the United States leading experts in child protection. Our Sites and Apps may direct you to sites, software or services owned or operated by third parties (Third Party Properties). Shutterfly photo prints range from a modest 4x6 prints to a more sizable 12x36. In 2021, Shutterfly received and completed 540 verified deletion requests and 172 verified access requests. 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. As we implement new technology and introduce new services or otherwise change our privacy practices, or in response to changes in applicable laws or regulations, we may modify this Notice and provide notice to you by posting updates on this page. If Shutterfly initiates arbitration, it will send a written Notice to the email address used for your account. The personalized products we offer are made to order, and we reserve the right to charge your payment account method immediately when you place your order for such products. Your use of our Sites and Apps is also subject to our Terms and Conditions. We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties.

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