on October 21, 2023
To create an account, go to Sign Up at Shutterfly. Shutterfly BIPA Settlement 2021 - $6.75M for illegally storing users AI Image Generator | Instant Text to Image | Shutterstock How do we use that information? 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. 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. 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. Stock Images, Photos, Vectors, Video, and Music | Shutterstock Shutterfly Photos helps you gather and organize your photos and videos so you can easily find, share and enjoy them anywhere. You may not transfer or assign your membership in the Video Plan, allow third parties to use your Video Plan membership, or use your Video Plan membership to ship videos on behalf of third parties. Where can I download my digital image? 1. Privacy Policy | SHUTTERFLY 1999-2022 Shutterfly All rights reserved.. https://support.shutterfly.com/s/article/video-plans. How long does Lifetouch keep photos? Tap the 3 dots in the upper right-hand corner. 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. If you are currently enrolled in an annual Video Plan, we will inform you by email before automatically renewing your Video Plan. If you do not have a Shutterfly account, the email will direct you to create one. Provided an SNS permits this, we can capture and make available on the Site and through the Apps the photos and other content that you have stored in your account(s) with such SNSs (SNS Content). Try for free Images Video Music Templates Editorial 3D Models If you would like to appeal a decision related to a request to exercise your rights under this Supplemental Notice, please contact us at the phone numbers, online forms, or email address listed above. You can access and find everything you need on your Share site when you're on the go with our Share sites iPhone app. 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 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. You can also opt out of Google cookies by installingGoogle Analytics opt-out browser add-onhttps://tools.google.com/dlpage/gaoptout, and/or theGoogle Advertising Cookie out-out browser add-on. We also reserve the right at any time to change the pricing and/or subscription fee as well as plan benefits offered such as storage capacity or features. Our Sites and Apps are intended for use by general audiences and are not targeted directly at children under 16. Get 10 images per month and the creative tools you need with an All-in-One plan. Each browser is different, so you should check your browsers Help menu to learn how to change these preferences. Orders pre-ordered online on July 1, 2013 or later, are eligible for the free digital image download offer from Lifetouch Sports. This is available as an add-on to your Digital Album for only $29.99. Whatever your needs are, Shutterfly for School can help you to capture and store each educational moment in a fun, creative, and personalized way. RitzPix charges $3.25 for a 5-by-7 and $5.29 for an 8-by . In order to create a member account with any of our Sites and Apps, you must be at least 18 years of age. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. We may require additional personal information from you for the purposes of verifying your identity and rights. Order a package that includes digital delivery and the images you've selected in this package will be available digitally on Shutterfly.com. We may also receive your email or mailing address in order to deliver Picture Day-related communications on behalf of your organization. How does Lifetouch use the information it receives from schools? We direct you to such Third Party Properties only as a convenience. Not without permission of the photo subject. 1. Also in 2021, Lifetouch received and completed 8 verified deletion requests and 3verified access requests. In its role as official school photographer, Lifetouch photographs all students who appear at the camera on Picture Day, and we rely on your childs school or district to obtain any parental consents necessary for us to do the work they engaged us for. Thousands of new, high-quality pictures added every day. My Photos - Shutterfly The Shutterfly Promise. We work in collaboration with the National Center for Missing and Exploited Children (NCMEC), the United States leading experts in child protection. 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. YOU MAY ONLY CANCEL YOUR VIDEO PLAN WITHIN THE FIRST 30 DAYS AFTER THE START OF YOUR VIDEO PLAN. For . We have a wide variety of tools to empower your students to express their creativity. Student ID for Mylifetouch Accounts - force.com 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. Creating an Account - support.shutterfly.com Shutterfly | Lifetouch You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. YOUR CONTINUED PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES. Please read this carefully. What personal information do we collect? 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. 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. Despite these measures, however, we cannot guarantee that our information security safeguards will never be compromised. We limit the information we collect to only what is necessary for Picture Day and other related purposes authorized by your organization (such as creating a yearbook). Unless purchased by a parent (or by someone with whom the parent has shared the photo), however, we retain school photos only as long as necessary to satisfy our obligations to the schools we serve. 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. Do you share the photos that I upload to Shutterfly? Educators and parents can transform the success of their fundraising efforts with our Storefront for School. 2022-2023 School Year / LifeTouch partners with Shutterfly Shutterfly review | Tom's Guide We do not share your personal data with YouTube. You agree that it is your responsibility to keep your Payment Method up-to-date. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another visitor to our websites. Consistent with applicable laws, this Supplemental Notice provides a way to exercise such rights for residents of California, Virginia, Colorado and Connecticut. Our service providers may receive your name and contact information, payment information, photos and other content you upload to our Sites and Apps, information about purchases youve made, cookies and other device identifiers, IP address, and website browsing and interaction activity. We may also obtain data that is publicly available or from third party sources, such as address verification services or third-party marketing database partners, to improve the accuracy of and add to what we know about our customers and prospective customers. You can use your existing Shutterfly account when linking your Lifetouch account and digital images. What information does Shutterfly share with YouTube? 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. To place an order with a customer service representative please call us toll-free at 1-800-736-4775. We are equally committed to respecting your privacy. 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. 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. Cookies help us offer convenient features like storing the contents of your shopping cart until you are ready to check out, remembering your login and account settings, recognizing your browser when you visit, customizing your current and future visits, and providing you with information about products that interest you. Cookies help us personalize your experience and save time during checkout. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST CANCEL YOUR PROGRAM MEMBERSHIP. Before you upload and/or share personal information of others through our service, please ensure that you have the consent of such persons to do so. If you already have a Shutterfly account, youll simply log in to access your digital images. Depending on where you reside, you may also have additional legal rights with respect to your information. Video Plans allow for the storage and playback of video files (Video Content). Lifetouch photographs children by agreement with the schools we work with. For our holiday card, we chose a thick envelop with broad colored lines and a large box for writing the address in (39 cents more than the . If we become aware that a child under the age of 16 has provided personal information through our websites or apps, we will remove their personally identifiable information from our files. Supplemental Notice to Visitors from outside of the United States. As used in these Terms, billing will indicate either a charge or debit, as applicable, against your Payment Method. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. 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. If you have any questions or comments regarding these Terms, please contact:legal@shutterfly.com. If you already have a Shutterfly account, youll simply log in to access your Lifetouch digital images. 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. California residents have the right to opt out of such sharing. We do not offer you the ability to opt-out of receiving those communications. 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 inclusion of any products or services on our Sites and Apps at a particular time does not imply or warrant that these products or services will be available at any time. 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. Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps, including any images, text, graphics, sounds, data, links and other materials incorporated into our Sites and Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. We will own and retain all rights, title and interest in and to the final Custom Design and the Custom Designed Product. But under California law, sharing information with third parties for targeted advertising purposes may be considered a sale of personal information. You are not obtaining any intellectual property rights from us in the final Custom Design or the Custom Designed Product. What student personal data does Lifetouch receive from schools? 10 Almaden Blvd., Suite 900 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. We do not sell personal information in the ordinary sense of that term. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. At Shutterfly, our purpose is to help our customers capture, preserve, and share lifes important moments through professional and personal photography, and personalized products. Shutterfly may, in its sole discretion, and without notice modify the terms and conditions of the Video Plan. 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. 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. As a part of the Shutterfly family of brands, Lifetouch delivers all digital images to customers via the Shutterfly.com secure photo platform. Shutterfly Video Plan (Video Plan) is a subscription program designed to offer customers certain benefits from Shutterfly. It affects your rights. 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. 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. 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. Lifetouch never has access to sensitive information, such as grades or attendance data, from your childs record. 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). 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. Does Lifetouch share my childs school photos with my childs school? That is, we dont provide your personally identifiable information to third parties in exchange for money. You have choices about how your information is collected and used. Our Privacy Notice only applies to our Sites and Apps, and we are not responsible for the privacy practices, security standards, or content of other sites. 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. The Notice to Shutterfly must be addressed to: General Counsel, Shutterfly, LLC, 10 Almaden Blvd., Suite 900, San Jose, CA 95113 (Notice Address). If you are not, please do not set up an account with any of our Sites and Apps. Please be aware, however, that Lifetouch may deny your request and retain your photos under certain limited circumstances for example, if we have a contractual commitment to a school or other organization you are affiliated with (such as providing yearbook photos or the yearbook itself), if doing so would violate a law or court order, or if it would be unreasonably burdensome. 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. In such event, you may no longer be allowed to upload additional Video Content. ), 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. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights. You may upgrade your plan at any time by accessing the Settings section of the Shutterfly Photos area of the Site (photos.shutterfly.com). 1999-2022 Shutterfly All rights reserved.. Shutterfly family of companies and brands, Google Advertising Cookie out-out browser add-on. Shortly after your session, you will receive an email from JCPenney Portraits that your high-res images are available to claim on Shutterfly. 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. We limit the information we collect to only that which is necessary for Picture Day and related authorized school purposes. Our fundraising storefront makes it easy for you to encourage and increase fundraiser participation without lifting a finger. We may share personal information in the following situations. Lifetouch retains the copyright in its professional photographs. We may permit you to share your User Submitted Materials with other users, including, without limitation, to our user comment functionality, online image share feature and our public gallery, user forums and blogs (collectively, Forums). IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. Shutterfly will retain your photos for as long as you maintain Active Participation with us. Shutterfly allows users to easily upload and share digital photographs. There may be times when we are unable to fulfill your request for example, if providing access to your personal information would reveal confidential commercial or proprietary information or personal information about someone else (and we cannot separate your data), if we are prohibited by law from disclosing the information, or if we have a legal obligation to retain certain data. DIGITAL IMAGES: Families that purchase a digital image will download their digital image on Shutterfly.com. - (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. If so, how do you use it? We appreciate our customers interest in improving our Sites and Apps; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. 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. The following chart describes what categories of personal information we may collect, how we collect that information from you, the business purposes for which we generally use such information, and which types of trusted third-party service providers we may share that information with: In addition to any personal information that you might provide when you do things like buy our products and services or create an account with our brands, we may also have access to other information about you if you interact with our brands via social media, if youre photographed by Lifetouch, or in certain other situations. We will only use information you provide in your request for the purpose of verifying your identity or authority to make the request. 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. If ordering digital images only, all session images are provided but do not include retouching. 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. 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. We make it easy to reach out to parents so you can work together to enhance each child's learning experience. If you have any questions about what information your organization shares with Lifetouch for Picture Day or for use in any products provided to your organization, please contact your organization directly. Once such data is no longer needed for such purposes, it is securely destroyed. If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. 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.
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