16. 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. 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. Our photographers reasonably presume that they are permitted to photograph each individual who appears at the camera for that purpose. 2. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. You can also find it listed, along with your Picture Day date, on the Picture Day Finder. What is the SmileSafe A Lifetouch Program child safety program? 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. Teachers can showcase their students' abilities and creativity with our Photo Story app. 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. You have several options to manage cookies and trackers. 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 have an account on any of our Sites and Apps, we will verify your identity by having you log in to your account. Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Sites and Apps are not proprietary to you, and the rights to such template or layout will remain with us. 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. DMCA notices and counter-notices regarding our Sites and Apps, or notices concerning trademark use in personalized products we make or in our Sites and Apps, should be sent to: Shutterfly, LLC Digital Image Delivery - JCPenney Portraits Shutterfly will retain your information only for as long as is necessary for the purposes set out in this Notice, for as long as your account is active (i.e., for the lifetime of your user account), or as needed to provide the Sites, Apps and associated services (Services) to you. 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. In such cases, we do not retain or use your contact information for any other purpose unless you opt in to receive updates and promotional offers from us. If you are a former Shutterfly employee and would like to exercise your rights with respect to your personal data, please send an email with the subject line California Former Employee Data Request to privacy@shutterfly.com. Enter your Picture Day ID found on your ordering sheet. Imagine anything! Find it on your Picture Day flyer. Either party may also invoke any applicable arbitration rules allowing parties to elect a small claims court option for an individual dispute. Arbitrators can award the same damages and relief that a court can award. You may access and use the Video Plan solely for your personal, noncommercial use. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Shutterfly is located, and that you will accept service of process from the person who provided the original notification or an agent of such person.
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October 2nd - 4th, 2020