Lifetouch Yearbooks Community Upload

Terms and Conditions

Lifetouch Community Image Upload Terms of Use

Lifetouch National School Studios Inc. ("Lifetouch") has established this community.lifetouch.com web site (the "Site") as a service to your School to allow members of the School community to submit digital images for consideration and publication in the School’s yearbook (the "Intended Purpose").  Use of this Site is limited to members of the School community who have obtained the Site’s access code from an authorized representative of the school ("Authorized Users").

By accessing and using the Site, you represent and warrant that you are an Authorized User and that you agree to each of the terms and conditions set forth herein ("Terms of Use"). You further agree that this Agreement forms a legally binding contract between you and Lifetouch and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation effective as of the date you click "I Agree."

1. Purpose of the Site. You may use the Site solely for its Intended Purpose.  Except for the digital images and associated data you upload to this Site for its Intended Purpose ("Your Submissions"), all of the content on the Site, including, for example, all of the page headers, images, illustrations, graphics, and text (collectively "Content"), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lifetouch or its affiliates.  Except as otherwise set forth in this Agreement, no right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Lifetouch reserves all rights in all Content other than Your Submissions.

2. Copyright.   You (or your licensor as applicable) retain the copyright in Your Submissions, and Lifetouch does not claim ownership rights in any image contained in your account.   By uploading Your Submissions to the Site, you grant to Lifetouch, the School and each of their employees and agents a non-exclusive, royalty-free, perpetual, worldwide license to use, copy, modify, print, distribute, and display those images in any media, form or format without attribution or compensation to You. This license shall survive and continue, even if you are no longer a user of the Site.  Your use of the Site and the posting and/or uploading of any images constitutes your permission for recipients to use the images as set forth above and your agreement that the images or content is intended for public display.

3. Responsibility for Your Submissions. You are responsible for all of Your Submissions. By uploading an image to the Site, you represent and warrant to Lifetouch and the School that you have the legal right to do so, that you own the copyright in the image and/or have the right to license Lifetouch and the School to use, copy, print, distribute and display that image, that the images do not contain any content that violates any applicable law or regulation, that the image is not defamatory and does not invade the privacy or other rights of any third party, that you agree to waive all moral rights in the image and to assign to Lifetouch the benefit of any waiver of moral rights you hold in the image.  You further represent and warrant that every identifiable person in the images (and, if the person is a minor, the person’s parent) has consented to the use and disclosure of the image for the Intended Purpose. Lifetouch does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post or upload to the Site will be considered non-confidential and non-proprietary.

4.  User Conduct. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. With the exception of your digital images, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to provide any information to Lifetouch that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Without limiting the foregoing, you agree not to use the Site: (a) to upload or otherwise transmit or communicate any material (i) that is obscene, unlawful, threatening, an invasion of privacy or publicity rights, defamatory, libelous, or otherwise illegal or objectionable or which contains nudity, lewd or lascivious acts, or any act, costume, design, action or other matter with is not appropriate for families or in violation of School policies (ii) that you do not have a right to transmit or communicate or which infringes any copyright, trademark, patent or other intellectual property right or any moral right, or (iii) that is likely to cause harm to Lifetouch or anyone else's computer systems, or allow unauthorized access to the Site, which may cause any defect, error, malfunction or corruption to the Site; (b) to harm minors in any way (c) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (d) to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity.

5.  Content Monitoring. While Lifetouch is not responsible for the content of the submissions, Lifetouch reserves the right to reject or delete submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of privacy, copyright or trademark laws or otherwise unacceptable. Lifetouch may request confirmation of the copyright or trademark ownership from the submitter.  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 agree that Lifetouch may at any time without notice: move, change, or suspend any part of the Site. Lifetouch may terminate your account and delete any content stored in your account if, in Lifetouch's sole discretion, you fail to comply with any these Terms of Use, or if requested or required by the School or by law enforcement or another legal or regulatory authority.

6. Image Storage Policy.  Images uploaded to this Site will be available only to the School and may not be retrieved by you.  Images will remain available to the School until such images are accepted or deleted by the yearbook staff.  All images remaining on the Site at the end of the School’s yearbook publication submission cycle will be purged.  Your ability to upload images to this Site is may be limited by the storage capacity available to the School account.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT LIFETOUCH IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR SUBMISSIONS THAT MAY RESULT FROM YOUR USE OF THE SITE.

7. Disclaimer of Warranties.  THIS SITE IS OPERATED BY LIFETOUCH ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LIFETOUCH AND ITS SUBSIDIARIES AND AGENTS (COLLECTIVELY, THE "LIFETOUCH BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE LIFETOUCH BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

8.  Limitation of Liability.  UNDER NO CIRCUMSTANCES, SHALL THE LIFETOUCH BUSINESSES, THE SCHOOL OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS 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 SITE. 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 THE LIFETOUCH BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

9. Indemnification. You understand and agree that you are personally responsible for your conduct on the Site. You agree to indemnify, defend and hold harmless the School and the Lifetouch Businesses and their business partners, licensors, employees, agents, and any third-party service providers to the Site 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 your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use or any other agreement between you and Lifetouch.

10. Security. Access to this Site is available to anyone who has received access credentials from the School or from another User; as a result this Site cannot be considered "secure."  If you post or supply any personal or other information or content via the Site, you agree that Lifetouch will not be responsible for any third party's unauthorized access to or use of such information or content.

11. Children’s Privacy.  This site is not directed to children under the age of 13. Lifetouch.com does not knowingly collect personally identifiable information from children under the age of 13 through this Site. If a child has provided personally identifiable information through the Site, we ask that a parent or guardian contact Lifetouch in writing at 11000 Viking Drive, Suite 400, Eden Prairie, MN 55344, Attention: Privacy Office or privacyoffice@lifetouch.com and we will do our best to delete the information from our files.

12. General Provisions.

12.1 Entire Agreement/No Waiver/Survival. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Lifetouch of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.

12.2. Choice of Law. Any and all disputes relating to these Terms of Use, your use of the Site or any other Lifetouch web site or service (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota and the United States, without regard to any conflict of laws provisions. Any Dispute will be exclusively venued in a state or federal court located in the State of Minnesota, United States and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.

12.3 Claims of Copyright Infringement. 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.

Lifetouch Inc.
Law Department Attention: Copyrights
11000 Viking Drive
Eden Prairie, MN 55344
Email: copyright@lifetouch.com

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

  1. identify the material on the Website that you believe infringes your work, with enough detail so that we may locate it on the Website;
  2. provide your address, telephone number and email address;
  3. 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;
  4. 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
  5. provide your physical or electronic signature. Upon receiving your complaint, Lifetouch may remove content that you believe infringes your copyright.

 

DATE OF LAST MODIFICATION
December 16, 2010