By accessing any areas of this website or by ordering any product or service through the use of this website, the user agrees with Lifephoto® that user is bound by the terms set forth below. The terms of this agreement include terms on use of this website, terms on the purchase of products and services, terms regarding use of users’ photos and projects for marketing and promotional purposes, and terms regarding copyright and trademark matters.
“Lifephoto” means (1) entities controlled by, under common control with or controlling EarthTru Media, including without limitation EarthTru Media Inc., Lifephoto, Mobile Lifephoto and (2) any contractual affiliate of the entities above that are authorized to use the Lifephoto brand name and any entity that is a member of the Lifephoto Group, as defined from time to time by EarthTru Media Inc.
1. Use of Photos, Project Images and Product Photos
Any user who uploads photo(s) to the Lifephoto website must have the legal right to use these photos without violation of U.S. copyright law. If the user does not by default possess rights to an image by being the person who photographed the image, the user is solely responsible for obtaining and retaining permission to use the image for use on the Lifephoto website, on Lifephoto products, and for potential Lifephoto marketing and promotional purposes as described below. By uploading photos to the Lifephoto website, the user grants permission to Lifephoto and all EarthTru Media companies to use any and all photos and images or screenshots of any projects containing those photos for purposes of promoting and marketing Lifephoto/EarthTru Media products, services, brands and websites publicly. This means that the user grants Lifephoto full rights to use any photo, project image or photo of a completed product online or in print and releases Lifephoto from all liability due to potential violation of U.S. copyright law. If the user is not the person who holds the copyright for the image, that user is solely responsible for obtaining permission to use that image for use on the Lifephoto website and for Lifephoto promotional and marketing purposes as described above.
2. Copyright and Trademark
“Lifephoto” is a registered trademark of EarthTru Media Inc. All rights reserved. “Mobile Lifephoto” is a registered trademark of EarthTru Media Inc. This website contains information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively, “content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All of this website’s content is copyrighted as a collective work under the U.S. copyright laws, and Lifephoto owns a copyright in the selection, coordination, arrangement and enhancement of such content, including but not limited to page headers, custom graphics and button icons. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part. Lifephoto grants you permission to copy electronically and to print in hard copy portions of the website’s content for (1) personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices, (2) using this website as a personal shopping resource, (3) communicating with Lifephoto about a Lifephoto product or service, or (4) placing an order with Lifephoto or Mobile Lifephoto. Lifephoto grants permission to reprint content from the Lifephoto website blog, e-mail promotions or newsletters on the condition that full and proper attribution is included with the reprinted material acknowledging Lifephoto at http://www.Lifephoto.com as the original source of the reprinted content. Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without Lifephoto’ prior written permission.
All other trademarks, product names, and company names and logos appearing on Lifephoto are the property of their respective owners. Each user must obtain permission from those owners before copying or using the owner’s trademarks, product names, or company names and logos.
3. Digital Millennium Copyright Act
Lifephoto respects the intellectual property rights of others and is committed to complying with U.S. copyright laws. Lifephoto’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.
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Counter Notification to Claimed Copyright Infringement
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with Lifephoto Designated Agent. The counter notification must provide the following information:
Lifephoto will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
4. Third-Party Content
Lifephoto is a distributor and manufacturer of content supplied by third parties and has no more editorial control over that content than a public library or newsstand. Lifephoto is not responsible for any opinions, advice, statements, services or other information that constitute content and are provided by third parties. Lifephoto does not guarantee the accuracy, completeness or usefulness of that content. The user is responsible for evaluating such content.
5. Online Conduct
Any conduct by a user that in Lifephoto’s sole discretion restricts or inhibits any other user from using or enjoying this website will not be permitted. The user will use this website only for lawful purposes.
A user may not post on or transmit through this website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.
Lifephoto may prohibit conduct, communication or content that it Lifephoto, in its sole discretion, believes to be harmful or objectionable to individual users, Lifephoto or its affiliates, or any rights of Lifephoto or any third party or that violates applicable laws. Notwithstanding the foregoing, Lifephoto cannot ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Lifephoto nor any of its affiliates, officers, directors, employees and other representatives of any of them assume liability for any action or inaction with respect to conduct, communication or content on this website.
6. No Warranties, Limitation of Liability
Use of this website is at user’s sole risk. Neither Lifephoto, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensers or the like, warrant that this website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this website or as to the accuracy, reliability, or currency of any information content, service or merchandise provided through this website. Lifephoto is providing this website and its content on an “as is” basis and makes no representations or warranties of any kind with respect to this website or its content. Lifephoto disclaims all those representations and warranties, including for example warranties of “merchantability” and fitness for a particular purpose. Further, Lifephoto does not represent or warrant that the information accessible on or through this website is accurate, complete or current, and all information, including prices and availability, is subject to change without prior notice to user.
Except as otherwise specifically stated on this website, neither Lifephoto nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of this website, including mistakes, omissions, interruptions, deletion of files photos or text messages, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
7. Security Policy
Lifephoto uses reasonable precautions to protect the privacy of your credit card and other ordering information by using a Secure Sockets Layer (SSL) connection. Accordingly, your credit-card number and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to Lifephoto’s order-processing system. Lifephoto’s order-processing system is not connected to the Internet and is not accessible to the public.
Many web browsers support the use of an SSL connection, but if your browser does not support the use of an SSL connection or if you prefer not to send your credit-card number over the Internet, you can place your order by calling Lifephoto toll free at 1-414-727-5128 (U.S. only). Lifephoto representatives are available Monday through Friday from 8:30 a.m. to 5:00 p.m. CST.
EarthTru Media respects the privacy of its customers and other individuals and businesses using the websites owned and operated by EarthTru Media. There are two types of information that may be exchanged between EarthTru Media websites and the user during each visit to a EarthTru Media website.
In order to provide you with the information and services that you look for from EarthTru Media websites, EarthTru Media gathers certain types of information from you that are not personally identifiable. This is called anonymous information and includes:
The anonymous information collected is not associated with you personally or your business. EarthTru Media uses this anonymous information in the aggregate to improve EarthTru Media websites and the services we provide through those websites.
Advertisements on EarthTru Media Websites
Advertising companies may deliver ads on some EarthTru Media websites. You should be aware that when you click on these ads, the advertising companies may also deploy cookies to receive anonymous information about ad viewing by Internet users on EarthTru Media websites and other websites. This information is associated with your Web browser but cannot be associated with your name or e-mail address without your permission. Therefore, advertising companies may know where your computer goes on the Internet, but they do not know who you are unless you tell them. EarthTru Media does not provide personally identifiable information about its customers or EarthTru Media website visitors to these advertising companies.
Personally Identifiable Information
EarthTru Media may ask you to provide what is often referred to as “personally identifiable information,” such as your name, address, mobile phone number (only if uploading from your phone) and e-mail address when you use EarthTru Media websites to purchase a service or product online, enter a contest or sweepstakes, ask to receive information, respond to a survey, register with a EarthTru Media website, access your account, ask for a personalized service, request customer service online or apply for a job. You always have the alternative of mailing or calling EarthTru Media with the information requested if you do not wish to provide it online. Personally identifiable information provided at a EarthTru Media website to order EarthTru Media services other than Internet services will be protected in the same manner as when the information is provided by other means such as over via phone or by postal mail.
We use personally identifiable information provided at EarthTru Media websites in the following ways unless otherwise specified:
Disclosure to Third Parties
EarthTru Media will not sell or disclose to outside parties any personally identifiable information obtained from a EarthTru Media online service or registration at a EarthTru Media website without your consent except under the following circumstances:>
E-mail is an increasingly popular communication tool through which you and your business may communicate with EarthTru Media. Likewise, EarthTru Media may use e-mail to communicate with you, respond to your e-mail, and to tell you about new products and services. If you do not wish to receive e-mail promotions and new products and service announcements from EarthTru Media, please follow the instructions that appear at the end of the e-mail communication that you receive from EarthTru Media to have your name removed from the list.
EarthTru Media uses several encryption methods to ensure that the data you submit on any of the EarthTru Media websites is secure. Through this “secure session,” information that you input into a EarthTru Media online order form will be sent and will arrive privately and unaltered at a EarthTru Media server. This security prohibits access to your information by other companies and Internet users.
EarthTru Media does not intend to collect personally identifiable information from individuals under 18 years of age. Any user under age 18 who is using a EarthTru Media website should do so only with the consent of a parent or guardian. If a child has provided EarthTru Media with personally identifiable information without EarthTru Media’s knowledge, a parent or guardian of the child may contact us at 414-727-5128 to have the child’s information deleted from our existing files.
You may always contact us at 414-727-5128 or by mail to verify your name, address, e-mail address, phone number and/or billing information. EarthTru Media will correct any information that is inaccurate.
Any user agrees to purchase the products and services ordered on the various order screens when that user clicks on the “Submit,” “Order Now,” “Buy” or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens and the terms described in this document. Such agreement is in addition to and not in lieu of the agreement with the agreement formed by user’s use of the website.
Lifephoto makes no express representations or warranties about its services and disclaims any implied warranties, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Lifephoto does not authorize anyone to make a warranty of any kind on its behalf and a user may not rely on any statement of warranty. This section survives termination of this agreement.
Each Lifephoto product comes with a limited satisfaction guarantee. Please be sure to check photo cropping and placement as well as spelling and placement of any text that you have placed carefully prior to submitting your order. Lifephoto does not accept returns for unsatisfactory photo cropping or placement or incorrect spelling or placement of text if the product was printed and produced according to customer specifications.
Limitation of Liability
Neither Lifephoto nor any of its affiliates, nor the directors, employees or other representatives of any of them are liable for damages arising out of or in connection with the use of the products or services obtained through this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.
Shipping and Billing to U.S. Addresses Only: Availability
Lifephoto might not process orders to some foreign shipping or billing addresses. Lifephoto tries to give product-availability information on this website, but sometimes products unexpectedly become unavailable. In addition, Lifephoto updates and improves its products and services on a continuous basis. We will inform you if any Lifephoto products that you ordered are unavailable or if any service that you ordered has been changed. Among other methods, Lifephoto may use e-mail (or text messages for customers who upload photos from mobile phones) to so inform you.
After you place an order with Lifephoto, you should receive an e-mail (or text message for users who upload from mobile phones) within one business day to confirm that Lifephoto has accepted your order and is processing it. The message will contain the details of your order and the itemized and total amounts that will be billed to your credit card, including all applicable taxes and charges. A receipt will also be included with your purchase. Be sure to keep your receipt. You will need it if you must make a return.
Charging Your Credit Card
We charge your credit card immediately after we receive your order. Note that the charge on your statement might appear as coming from EarthTru Media. If a product cannot be shipped within seven business days of your order (with the exception of certain products that can take extra customization time), Lifephoto will credit your card and cancel your order, unless you instruct us otherwise. If your credit card is rejected when Lifephoto (EarthTru Media) charges it, Lifephoto is not obligated to ship any products or activate any service for your account. We will contact you by e-mail (or text message if you uploaded photos from a mobile phone) or any other reasonable means to advise you of the situation and will request you to call us at 1-414-727-5128.
Prices, Taxes and Shipping and Handling
All prices are stated and payable in U.S. dollars. The prices for products and services quoted on this website do not include shipping and handling or taxes. EarthTru Media charges all applicable taxes on products and services.
The return policy, including the number of days for return, may be changed without notice. Be sure to contact us at 1-888-202-5472 before returning any items. We’ll let you know if you need to return the original item and whether we will issue a refund or reprint the item. If you do need to make a return, please print and complete the return form. Send the form, your order summary and the damaged product within 30 days of receipt to:
Photo Planner Return
DOWNLOAD THE RETURN FORM (PDF)
All items returned for reasons other than damage during shipping must be in new and unused condition. If your order was damaged in shipping, please be sure to check with us before returning it as prior inspection by the carrier might be required. If a refund is needed, we will credit your account when we receive your return. Allow up to one full billing cycle for processing of refunds to credit cards. Be sure to enclose a completed return form with any returns as this form helps ensure your return is processed quickly and accurately.
10. Termination of Access
Lifephoto may terminate your access to all or part of this website without notice, for any conduct or content that Lifephoto, in its sole discretion, believes to be harmful to individual users, Lifephoto or any of its affiliates, or any rights of Lifephoto or any third party or that violates applicable laws.
11. Change in Website or in User Agreement
This website is subject to change without prior notice and your use of this site after a change means that you have agreed to that change. Lifephoto may modify this user agreement at any time by posting the revised agreement on the website. Any revised user agreement is effective upon the user accessing this website.
12. Lifephoto Accounts and Account Services
This service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. By completing the registration process, you are stating that you are eligible for an account and that you agree to be bound by all of these terms and conditions of the service. The service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Member Account, Password and Security
To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You then will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lifephoto immediately of any unauthorized use of your account or any other breach of security.
It is Lifephoto’s policy to respect the privacy of its members. Lifephoto will not monitor, edit or disclose any personal information about you or your use of the service, including its contents, without your prior permission unless Lifephoto has a good-faith belief that such action is necessary to: conform to legal requirements or comply with legal process, protect and defend the rights or property of Lifephoto, enforce the terms of service, or act to protect the interests of its members or others. Lifephoto does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol (IP) address is transmitted with each message sent from your account. For more information, see the privacy statement above.
You agree that Lifephoto may access your account, including its contents, as stated above or to respond to service or technical issues.
Message Storage, Outbound Messages and Other Limitations
The amount of storage space per member is subject to limitation, and the amount of storage allowed is subject to change at the discretion of Lifephoto. Although Lifephoto does not at this point limit account storage, Lifephoto reserves the right to place future limitations on account storage. In the event such restrictions would be put in place, accountholders would receive prior notice via e-mail. While Lifephoto makes every reasonable attempt to ensure secure storage of your photos and projects, we cannot guarantee against deletion in the event of server failure or technical glitches that are beyond the control of Lifephoto. You should always retain original electronic files of your photos outside of the Lifephoto system for backup purposes. You agree that Lifephoto is not responsible or liable for the deletion of or failure to store photos, projects, messages or other information.
As a condition of your use of the service, you warrant to Lifephoto that you will not use the service for any purpose that is unlawful or prohibited by these terms, conditions and notices.
Any unauthorized commercial resale of services is expressly prohibited. Parties interested in purchasing access to Lifephoto’s software to market photo products under their own brand are encouraged to contact us at email@example.com.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your username or password, including the content of your transmissions through the service. By way of example, and not as a limitation, you agree not to:
Lifephoto has no obligation to monitor the service or any user’s use thereof or retain the content of any user session. However, Lifephoto reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Lifephoto may terminate your access to any part or all of the service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Lifephoto may also terminate or suspend your account for inactivity, which is defined as failing to sign in to the service for an extended period of time, as determined by Lifephoto. Upon termination of the service, your right to use the service using the terminated account immediately ceases, although you may be eligible to open a new account if you desire to actively use the service at some future point. If you wish to terminate your account, your only recourse is to discontinue the use of the service. Lifephoto shall have no obligation to maintain any content in your account or to forward any material to a third party.
Links to Third-Party Sites
There may at times be links on the Lifephoto site to other websites. These sites are not under the control of Lifephoto, and Lifephoto is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Lifephoto is not responsible for webcasting or any other form of transmission received from any linked site. Lifephoto is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lifephoto of the site or any association with their operators.
Disclaimers/Limitation of Liability
Lifephoto does not represent or warrant that the service will be uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available are free of viruses or other harmful components. Lifephoto does not warrant or represent that the use or the results of the use of the service or the materials made available as part of the service will be correct, accurate, timely or otherwise reliable.
You specifically agree that Lifephoto shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received or any transactions entered into through the service. You specifically agree that Lifephoto is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Lifephoto is not responsible for any content sent using and/or included in the service by any third party.
Lifephoto and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The service is provided “as is” without warranty of any kind. Lifephoto and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.
IndemnificationYou agree to indemnify and hold Lifephoto, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the service.
Participation in Promotions of Advertisers.Any dealings with advertisers on the service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Lifephoto shall not be responsible or liable for any part of any such dealings or promotions.
Proprietary Rights to Content of Website
You acknowledge that content of the website and related e-mail promotions, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the service or Lifephoto advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, noncommercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the service and its associated websites, including code and software.
Modifications to Terms of Service and Member Policies
Lifephoto reserves the right to change the terms of service or policies regarding the use of the service at any time and to notify you by posting an updated version of the terms of service on this website. You are responsible for regularly reviewing the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes.
This agreement is governed by the laws of the state of Wisconsin and the United States of America. Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Lifephoto as a result of this agreement or use of the service. Lifephoto’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Lifephoto’s right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the service or information provided to or gathered by Lifephoto with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Lifephoto with respect to the service (excluding the use of any software which may be subject to an end-user license agreement) and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lifephoto with respect to the service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Lifephoto agree that any cause of action arising out of or related to this service must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the terms of service are solely used for the convenience of the parties and have no legal or contractual significance.
Lifephoto, Lifephoto Mobile, Earthtru™ and/or other specific Lifephoto products and services referenced herein are either trademarks or registered trademarks of EarthTru Media. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Lifephoto strictly respects the privacy of its users. Therefore, Lifephoto will not sell, provide, or transfer the user’s personally identifiable information to third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Lifephoto, (2) protect and defend the rights or property of Lifephoto, or (3) act under exigent circumstances to protect the personal safety of its users or the public. Lifephoto does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your IP address may be transmitted with actions initiated from your account. If a user asks Lifephoto to share photos or projects with others via that user’s name and e-mail address will be shared with the recipients chosen by the user. Each user acknowledges and agrees to certain technical processing of messages and their content in order to: (1) send and receive messages (2) conform to connecting networks’ technical requirements, (3) conform to the limitations of the service or (4) conform to other similar requirements. All Lifephoto users agree to these terms of service when signing up for an account or ordering a product