We direct you to such Third Party Properties only as a convenience. We do not share your personal data with YouTube. If you do not have a Shutterfly account, you will be guided to create one through the image retrieval process. This arbitration provision shall survive termination of this Agreement and the termination of your Shutterfly account. If you delete Shutterfly photos from your account, they will be removed from your Shutterfly app and web interface immediately, and we will permanently delete them from our system in the regular course of business. Harmony Township School With a membership to the Video Plan, members are entitled to the benefits outlined below, subject to the requirements and limitations of these Terms. 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. Under no circumstances will we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third party users be liable for any loss or damage caused by your reliance on such information obtained through our Forums. 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. If you no longer want Shutterfly to use your information to provide the Services to you, you may close your account. At Shutterfly and Lifetouch, Pictures are the Big Picture. You will also be responsible for paying any applicable taxes relating to your purchases. 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. You will be billed at the start of your Video Plan and each year thereafter, unless and until you cancel your subscription. 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 may opt out of receiving such communications from us and change your contact preferences within your account at any time. We may require certain information from you to validate your request before deletion. 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. Do Not Track is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. The information we need for Picture Day depends upon the specific services and deliverables Lifetouch is providing your school. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. 1999-2022 Shutterfly All rights reserved.. https://support.shutterfly.com/s/article/video-plans. In those cases, the new companys use of your information will still be subject to this Notice and the privacy preferences you have expressed to us. Fraudulent or abusive counter notices or other misuse of Shutterflys Intellectual Property Policy may result in account termination or other legal consequences. 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. 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. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account. Shutterfly Review | PCMag All information that you provide to us or our third party payment processor must be accurate, current and complete. Does Lifetouch use pictures of customers in advertisements? . You should check the privacy policies of those sites before providing your personal information to them. Your signature, which may be provided electronically by typing your name, Identification of the material that has been removed or to which access has been disabled. 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). We do not sell personal information in the ordinary sense of that term. Although no website, application, database or system is completely secure or hacker proof, we have safeguards in place to protect against unauthorized access and disclosures of the personal information we control, including technical, physical and administrative safeguards and security measures. 2. The digital portrait eligible for the promotion is a low resolution image. We share your photos only in the following circumstances: Can I upload videos from YouTube to my Share Site? 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. Lifetouch + Shutterfly - Digital Delivery & Account Linking. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms. Read Our Shutterfly Promise . For more information about these tools please visit:NAI Opt-Out PageandDAA Opt-Out Page. 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. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Teachers can showcase their students' abilities and creativity with our Photo Story app. You may download or copy a form Notice and a form to initiate arbitration atwww.adr.org. Law Enforcement, Mergers, and Other Situations. As soon as your Lifetouch digital image is ready, youll receive an email directing you to shutterfly.com. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. This Notice applies to your use of Shutterfly.com and our other Shutterfly websites, applications and services that link to this Notice. Shutterfly Studio helps consumers view, organize and edit their pictures . 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. This right applies even if their personal information is not currently being sold. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. 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. We limit the information we collect to only that which is necessary for Picture Day and related authorized school purposes. 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. Lifetouch Sports sends an email with the Digital Image Code that enables a download of the portrait taken during the Sports Picture Day. To the extent any claim, cause of action, or request for relief is not subject to arbitration under Section 19 below, you and Shutterfly agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. About Digital Images - Sports - force.com Shutterfly Illinois Biometric Privacy $6.75M Class Action Settlement 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'. 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. 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.