Website Terms and Conditions of Use

Last Updated: August 18, 2015

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

This Website is owned and operated by or on behalf of the Lifetouch Companies, comprised of Lifetouch Inc. and its wholly-owned subsidiaries Lifetouch National School Studios Inc., Lifetouch Portrait Studios Inc., Lifetouch Church Directories and Portraits Inc. (U.S. and Canada), Lifetouch Canada Inc., Lifetouch Services Inc. and their divisions doing business as JCPenney Portraits, Target Studios,  Prestige Portraits, Sportography, Flash Digital Portraits and Cilento Photography (either individually or collectively, “Lifetouch,” “we” or “us”). Lifetouch is a trusted provider of photographic products and services to communities, schools, churches, day care centers and families throughout the United States and Canada.

These Terms May Change

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

 

User Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content accessible from the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties or that violates any applicable federal, state, local or international law, rules or regulations. You agree not to provide any information through the Website that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.   You further agree not to attempt to access any Secured Features or User Content (defined below) that is not intended for you.

 

 

User Accounts and Security

We may restrict access to some parts or features of this Website to users with registered accounts or other access credentials (the “Secured Features”). To access the Secured Features, you may be asked to provide certain information. You are responsible for the security and privacy of any account credentials you establish, such as your username and password, if applicable.   You acknowledge that that no website or system (including this Website) is completely secure or free of risk. If you supply any personal or other information through this Website, you agree that we will not be responsible for any third party’s unauthorized access to or use of such information.

Secure Sockets Layering (SSL)

We use Secure Socket Layering (SSL) to encrypt your personal credit information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions.

The law protects you, too

Our security measures are designed to prevent anyone from stealing and using your credit card number. In addition, consumer protection laws protect you against the unauthorized use of your credit card. Under federal law, if someone steals your credit card or your credit card number, your liability is limited to $50 no matter how much the thief charges to your account.

Intellectual Property

Lifetouch logo and marks

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

Portraits

Except as specifically authorized through the sale of a product or service, or on a written release signed by us, images and information from this site may not be reproduced in any way. All images created by Lifetouch Inc. and its subsidiaries are the property of Lifetouch Inc. and its subsidiaries, our licensing partners, or are used with permission.

Lifetouch Content

All of the content on the 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 the 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. Except as otherwise provided in a written agreement from Lifetouch or one of its subsidiaries, the Content of the Website, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Lifetouch Inc. reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, 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.

 

Submissions

 

We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us (other than User Content, defined below) 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.

 

User Content

This Website may include interactive features that allow you to upload, submit, share or transmit (collectively “post”) to third parties your photographs, digital files, personal information, comments or other content (collectively the “User Content”). If so, you retain ownership of your User Content and are responsible for all of your User Content. By posting your User Content to the Website, you represent and warrant that you have the legal right to do so, that you own the copyright in such content and/or have the right to license and do hereby grant a license to the us and our agents and subcontractors to use, copy, print, distribute and display the content in connection with the Website and any products or services you create, share or order through the Website as applicable. You further warrant and represent that your User Content does not violate any applicable law or regulation, is not defamatory and does not invade the privacy or other rights of any third party. If the content is a photograph of a person, you further represent and warrant that every identifiable person in the image (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. If the content includes personally identifiable information pertaining to a minor, you represent and warrant that you have obtained any parental consent required under applicable law prior to posting such information. You agree to indemnify us and hold us harmless from any liability, damages and expenses (including attorney fees) they may incur as a result of operating the Website or fulfilling any products ordered through the Website 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 User Content.

Content Monitoring

While we are not responsible for any User Content, we reserve the right to reject or delete User Content that we deem abusive, defamatory, obscene, in violation of privacy, copyright or trademark laws or otherwise unacceptable. We may request confirmation of the copyright or trademark ownership from the submitter. If we do not receive any such confirmation or if there are continued claims of copyright or trademark infringement, we reserve the right to share certain account information with governmental organizations or other third parties. In the event of a dispute, we reserve the right to suspend your account access until the issue has been resolved. You agree that we may at any time without notice: move, change, or suspend any part of the Website. We may terminate your account and delete any content stored in your account if, in our sole discretion, you fail to comply with any these Terms, or if requested or required by law enforcement or another legal or regulatory authority.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR USER IMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

Claims of copyright infringement

We are committed to protecting copyrights. If you believe that material or content residing on or accessible through the Website infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Designated Agent identified below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of work or material being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing material that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, email address;
  5. A statement that the notifier has a good faith belief that the material identified in 1(c) is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon receipt of a proper notice of copyright infringement by the Designated Agent, we reserve the right to:

  1. Remove or disable access to the infringing material;
  2. Notify the content provider or User who is accused of infringement that we have removed or disabled access to the applicable material; and
  3. Terminate such content provider’s or User’s access to the Website if User is a repeat offender.

If the content provider or User believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or User has the right to send a counter-notice containing the following information to the Designated Agent:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider or User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  4. Content provider’s or User’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or User’s address is located, or, if the content provider’s or User’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or User accused of committing infringement, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our discretion.

Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:

Lifetouch Inc.

Law Department Attention: Copyrights

11000 Viking Drive

Eden Prairie, MN 55344

Email: copyright@lifetouch.com

 

Transactions

If you make a purchase, order custom products, schedule an appointment or otherwise transact with us through this Website, such transactions are also governed by the policies, terms and conditions, if any, specific to the product or service that are communicated to you before confirming the transaction, for example terms made part of an e-commerce checkout process or limitations stated in promotional materials. Please review these terms before making any transaction through this Website.

DISCLAIMERS

THIS WEBSITE IS OPERATED BY LIFETOUCH ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LIFETOUCH INC. AND ITS SUBSIDIARIES (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. THE LIFETOUCH BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, THE LIFETOUCH BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE LIFETOUCH BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. THE LIFETOUCH BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY THIRD PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. THE LIFETOUCH BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE LIFETOUCH BUSINESSES 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 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 THE 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) your User Content (b) use or misuse of the Website by you or any other person who accesses the Website using your account, or (c) any violation of these Terms.

Governing Law and Jurisdiction

All matters relating to use of this Website and any content, information or materials accessible on it, and any disputes or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Minnesota, United States of America, without regard to or application of any choice-of-law or conflict-of-laws principles, provisions, or rules thereof. You agree that any legal suit, action or proceeding arising out of, or related to, these Terms or this Property shall be instituted exclusively in the federal or state courts of Hennepin County, State of Minnesota, United States of America. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS PROPERTY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

General Provisions

  • Entire Agreement. These Terms, our Privacy Policy, and any other relevant Lifetouch documents or policies constitute the entire agreement between you and us with respect to this Website, and supersede all prior understandings, agreements, representations and warranties related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us.
  • Waiver; Severability. No waiver of any provision or breach of these Terms shall be effective unless made in writing, or shall be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or shall be severable from these Terms.
  • Correction of Errors and Inaccuracies. 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.
  • Questions or Comments. If you have any questions or comments related to these Terms or this Website, please contact us through any means described in the “Contact Us” features of this Website or by writing to Lifetouch Inc., 11000 Viking Drive, Eden Prairie, MN 55344, attention: Corporate Communications.