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Terms of Use

Lifetouch Photo Gift Center - Terms & Conditions of Service

Your Use of This Website is Governed by These Terms and Conditions

Please take a few minutes to review these Terms and Conditions and our associated Privacy Statement. Your use of this website constitutes your agreement to follow these rules and to be bound by them. Any account you establish and any order for products placed through this website will be subject to these Terms and Conditions.

In these terms and conditions, we use the terms "Lifetouch," "we," "our" and "us" to designate Lifetouch National School Studios Inc.

User Accounts, Photo Security and Sharing

For students photographed by Lifetouch and attending a participating school, initial photo access claim codes are distributed to parents and are valid for a single use only. When you first visit this website you will have an opportunity to set up a password-protected User Account. When you create a User Account and enter your photo access codes to claim your child’s photo, you are authorizing Lifetouch to transmit it to the website for your viewing, purchase and/or sharing subject to these Terms and Conditions. Until a photo is claimed by a valid user, it is securely stored and encrypted. No one else will have access to your image unless you share the photo access codes, image or your User Account login and password with others. You are responsible for the security and confidentiality of the password and username you establish when you create your User Account.

You may share your photos online by providing a valid email address for the recipient. Lifetouch will forward your email containing a new access code to the photo(s) you wish to share, but will not send the photo files themselves. Individuals who receive your email will be required to register for a user account before they can view your photos. Lifetouch is not responsible for misdirected or undeliverable email addresses and will not notify you of delivery status.

For additional information regarding our privacy and security policies and procedures, please review our Privacy Statement.

Image Upload Option

You may use the Website to upload one or more of your own images to create photo products during a single product session. The following terms apply to your use of the image upload feature.

The images you upload will be available to you through this Website during a single product session only. To use the same or additional candid images to create subsequent products, you will have to upload those images again. Candid images will not be stored in your Lifetouch Photo Gifts account for future use and you will not have the ability to share your candid images through this Website.

The quality of your custom products will depend on the resolution of the images you upload, and the required resolution will vary based on product, cropping and print size. You will receive an error message if you attempt to build a product using an image which does not have sufficient resolution to meet our quality standards. If you receive this message, we recommend that you upload an image with higher resolution. However, if you choose to purchase an image after receiving this error message, the sale will be final.

You may NOT submit or upload any of the following material to this Website:

  • Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
  • Any material that could infringe or violate the copyright, trademark, rights of privacy, publicity or other intellectual property right of any third party without the permission of the owner of these rights and of the persons (or their parents or legal guardians, where applicable) who are shown in the material.

Lifetouch will not be liable for the content of your image uploads or other submissions. By submitting photographs and other content to Lifetouch for the Service, you warrant and represent that you own all right, title and interest in all such material, or that you have obtained all rights and authorizations necessary from all parties having rights in such materials. You agree to indemnify and hold harmless Lifetouch, its corporate affiliates and each of their employees, agents, representatives, licensors or business associates (the "Lifetouch Associates") from any liability, damages and expenses (including attorney fees) they may incur as a result of providing the Service and/or based on claims by third parties alleging copyright or trademark infringement, invasion of privacy or misappropriation of privacy or publicity rights relating to Your Content.

While Lifetouch is not responsible for the content of the submissions, Lifetouch reserves the right to reject or delete submissions that we, in our sole discretion, deem potentially abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise unacceptable. Lifetouch may request confirmation of the copyright or trademark ownership from the submitter. Lifetouch reserves the right to suspend an order until such confirmation is received. If Lifetouch does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Lifetouch reserves the right to share certain account information with governmental organizations or other third parties. In the event of any such dispute, Lifetouch reserves the right to suspend your account access until the issue has been resolved. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by Lifetouch for the purposes of delivering the offered services.

Orders, Availability and Delivery

When you place an order for a photo gift through this website, our acceptance of your order occurs when your credit card is charged. Until then we reserve the right to cancel your order. Our ability to supply the selected products to you is subject to availability and we reserve the right to limit quantities of products we supply, to divide orders and fulfill partial orders; and to revise or terminate products and special offers. We will charge your credit card only to the extent that we are able to deliver the products to you as ordered.

We will do our best to deliver your purchases in a timely manner, but we cannot guarantee that there will be no delays in delivery, and we accept no liability or responsibility for delays caused by circumstances outside of our reasonable control.

Prices and Payments

Posted prices are inclusive of sales tax but do not include shipping and handling charges, which vary based on your location and the products selected. Prices are subject to change at any time.

Storage Policy and Photo Availability

Your initial access code will be valid for approximately ninety days after it is initially delivered to you. Once you use this access code to claim your photos, the access code will be invalid for any further use. Your photos will be available on this site for viewing and purchase for a limited amount of time. Once the offer period has ended, they will be permanently deleted.

You may cause your photos to be permanently deleted from your User Account at any time by either deleting the image from your image library or by sending a deletion request e-mail to Lifetouch@certifiedcustomercare.com.

Product Returns and Refund Policy

If you are not satisfied with the quality of any product you purchase on this website, simply return it within 30 days of purchase and we will either replace the product at no cost to you or refund the original purchase price. We will refund your account or reprint your photos when we receive your return.

Copyright Policy

All photographic images created by Lifetouch photographers are owned and copyright protected by Lifetouch Inc. and its subsidiaries. Except as specifically authorized through the sale of a product or service, or on a written release signed by us, photographic images and information from this site may not be reproduced in any way.

The Lifetouch logo and trademarks may be used only on the Lifetouch website and by permitted users who have signed agreements with Lifetouch.

Lifetouch is committed to protecting copyrights. If you believe that your work has been copied in a way that infringes your copyrights, please contact Lifetouch's agent for notice of claims of copyright infringement at the following address and provide the following details.

You must provide our agent with the following information, which Lifetouch may then forward to the alleged infringer:

a. identify the material on the Website that you believe infringes your work, with enough detail so that we may locate it on the Website;

  1. provide your address, telephone number and email address;
  2. provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
  4. provide your physical or electronic signature. Upon receiving your complaint, Lifetouch may remove content that you believe infringes your copyright.

Website Content

Other than the images you may upload from time to time, if any, all of the content on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively "Content"), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lifetouch Inc., one of its subsidiaries or by third parties who have licensed their materials to Lifetouch or one of its subsidiaries. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Lifetouch Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Lifetouch Inc.

Comments

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to this website shall be and remain the exclusive property of Lifetouch Inc. Your submission of any such Comments shall constitute an assignment to Lifetouch Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Lifetouch Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Changes in Terms and Conditions

Lifetouch reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

DISCLAIMERS

THIS WEBSITE IS OPERATED BY LIFETOUCH INC. AND/OR ITS THIRD PARTY SERVICE PROVIDER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LIFETOUCH INC., ITS SUBSIDIARIES AND THEIR AGENTS (COLLECTIVELY, THE "LIFETOUCH BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. THE LIFETOUCH BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LIFETOUCH, ITS CORPORATE AFFILIATES AND SERVICE PROVIDERS OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS (COLLECTIVELY THE "LIFETOUCH BUSINESSES") BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY LIFETOUCH BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LIFETOUCH BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification

You understand and agree that you are personally responsible for your behavior in connection with the Website. You agree to indemnify, defend and hold harmless the Lifetouch Businesses from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you upload to the Website, (b) use or misuse of the Website by you or any other person who accesses the Service using your account, (c) any violation of these Terms and Conditions of Service or (d) any violation of any rights of a third party.

Enforcement of terms and conditions

By accessing and using this website, you agree that your access to and use of the website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Minnesota and the United States of America.

If you are dissatisfied with the website or any content on the site, or with the terms and conditions, your sole and exclusive remedy is to discontinue using the website. You acknowledge, by your use of the website, that your use of the site is at your sole risk.