Terms and Conditions

Your use of this Website is governed by these Terms and Conditions

Please take a few minutes to review these Terms and Conditions (“Terms”).  They contain the legal terms and conditions that govern your use of the pictureme.com and/or myphotos.pictureme.com websites and mobile sites (collectively the “Website”), as well as our provision of products and services offered through the Website.  Your use of the Website constitutes your agreement to follow these rules and to be bound by them.  If you do not agree with any of these Terms, do not use the Website.

These Terms may change

We reserve the right to update or modify these Terms at any time by posting revised Terms with the date of revision. Your use of the Website following any such notice 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.

Creating an account

This Website allows PictureME Photography guests to view, create, share and order products and/or services based upon (a) studio captured images photographed at PictureME Photography studios ( the “Studio images”) and/or (b) the personal images a registered Website user uploads to his or her account on this Website (the “User images”).   

By creating an account and accessing images on the Website, you represent that you have the lawful right to enter this Website and have either received an image access code directly from PictureME Photography or have permission from the access code owner to view, share, create, print and/or order portraits.   An authorized user is licensed to use the Website for personal purposes only.  No commercial use is authorized or intended. 

Users are responsible for keeping their access code and account credentials secure.  By sharing your access codeaccount password, and URL the recipient will have access to your Studio images and may also have the ability to share the access code and Studio images with others.  By sharing your entire portrait session/album, the access code will automatically be shared.

Website security

Your sessions/albums are stored on a secure server and access is gained by a unique web link or access code and protected by User-generated password.  By using this Website, you authorize us to receive and deliver access to your Studio images and User images via the Internet, understanding the inherent risks associated with the Internet and the possibility of unauthorized access by hackers or others.

This Website uses Transport Layer Security to encrypt your personal credit information, including your credit card number, before it travels over the internet using cryptographic protocols. TLS technology is the industry standard for secure, online transactions.

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. 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.

Privacy Policy

We encourage you to review the Website Privacy Policy, the terms of which are incorporated herein.

Permitted use of Studio images

Professional portraits are copyright protected.  The Studio images you view on the Website are low-resolution, intended and licensed for electronic viewing and sharing only.  You may order our professional, high quality prints and other image-based products through this Website. 

If you purchase Studio images to be made available to you through this Website as a high-resolution digital file (the “Hi-Res Digital Image” or “HRDI”), the following licensing terms apply. You may use the HRDI for any lawful purpose, including the right to copy, distribute, publish and modify and to allow third parties to exercise those rights on your behalf, subject, however, to the following restriction:

         You are solely responsible for obtaining any consents and/or authorizations from any human subjects depicted in the images (or, if the subject is a minor, from the subject’s parent) that may be necessary for your intended use. 

We retain the copyrights in all Studio images, and all rights not granted herein are reserved to us. 

Hi-Res Digital Images are 300 dpi and a resolution of 3000 x 2400, the same size and quality used to produce our portrait packages.  Products produced from the HRDIs at fulfillment labs other than the portrait studio where the images were photographed may result in varying quality, and we disclaim any warranty with regard to such third-party produced products.

A Copy Authorization Form for the Hi-Res Digital Image(s) you purchase will be included and made available for download and printing in your associated album(s).  It is your responsibility to ensure that the Copy Authorization Form is accurate and complete before providing to any third party fulfillment lab. 

 

Image storage and transmission

Generally, Studio images are available for 90 days from the date of session.  Orders for portraits or products must be made within that time.

Some features of the Website may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Website and/or the amount of storage space available for any feature made available through the Website.

Termination of access to images

You agree and acknowledge that we, in our sole discretion, may terminate your access to or use of the Studio images and any User images and remove and discard any content including, but not limited to, any and all information and communications with respect to the Studio images and User images at any time, without notice, for any reason, including but not limited to:

         Conduct violating these Terms, applicable laws or other policies or guidelines set forth on the Website;

         Conduct that we believe is harmful to other users, the business of Lifetouch Inc. or its licensors, their affiliated companies and each of their officers, directors, employees and agents (collectively, the “Businesses”) or other third parties; or

         The security of your access code has been compromised.

You agree that the Businesses will not be liable to you or any third party for any termination of your access to the Website.

Products and services

We reserve the right to modify the terms and conditions of our products and services, including termination or elimination of products, services, options or benefits, at any time in our discretion.

Intellectual property

Except as specifically authorized herein or through the sale of a product or service, content from this Website (for example, page headers, images, illustrations, graphics, audio clips, video clips and text, the “Content”) may not be reproduced in any way.  All Content available on the Website (including without limitation Studio images) remains the property and copyrighted content of Lifetouch Portrait Studios Inc. and/or its affiliates and licensing partners. The entire Content and materials of the Website are copyrighted as a collective work under U.S. copyright laws.

Except as otherwise specifically provided in these Terms, (1) no right, title or interest in any downloaded materials is transferred to you as a result of any such downloading; and (2) you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works, sell, re-sell or exploit the Content or Studio images without first obtaining written permission from us.

The photos you upload

You retain ownership of your User images and any other content you choose to upload to your account through this website. You are responsible for all of your User images. By uploading any User images or other 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 Businesses and their 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.  You further warrant and represent that your User images and/or other uploaded content does not violate any applicable law or regulation, are not defamatory and do 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. You agree to indemnify and hold harmless the Businesses 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 images.

User image quality.  The quality of any custom product(s) you may purchase through this Website 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.

Content Monitoring. While we are not responsible for the content of User images, we reserve the right to reject or delete User images 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 any such 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 and Conditions 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:

a.     A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

b.     Identification of work or material being infringed;

c.     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;

d.     Contact information about the notifier including address, telephone number and, if available, email address;

e.     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

f.      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:

a.     Remove or disable access to the infringing material;

b.     Notify the content provider or User who is accused of infringement that we have removed or disabled access to the applicable material; and

c.     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:

a.     A physical or electronic signature of the content provider, member or user;

b.     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;

c.     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

d.     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

 

Correction of errors and inaccuracies

The information on the 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 or service description, pricing and availability.  We apologize for any inconvenience this may cause you.

Disclaimers

THE  WEBSITE IS OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  THE BUSINESSES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE 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 BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS WEBSITE.  THE BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

THE BUSINESSES DO NOT REPRESENT OR WARRANT THAT PRODUCTS, MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OPERATE ON ALL COMPUTERS, OR THAT USE WILL BE RELIABLE, UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR MATERIALS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR THE PURCHASE OR USE OF A PRODUCT OR SERVICE OR LOSS OF MATERIALS.   THE BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

THE BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE.  LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY.  YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

THE 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 WILL THE 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 OR LOSS OF MATERIALS, INCLUDING WITHOUT LIMITATION STUDIO IMAGES OR USER IMAGES.

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 BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES.

Enforcement of Terms and Conditions

BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.  YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

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 BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

This Website is operated by Lifetouch Portrait Studios Inc. (“Lifetouch”), dba PictureME Photography.  As used herein, “we” or “our” refers to Lifetouch and/or its corporate affiliates.  The mailing address for Lifetouch is 11000 Viking Drive, Suite 200E, Eden Prairie, MN 55344.

Last Revised: January 22, 2016tar