Create a New Account - Flutterfrog

User Agreement

SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE

Introduction. Welcome! Please read the following Software License Agreement and Terms of Service ("Terms") carefully before using the software that may accompany these Terms (as well as updates LifePics may furnish you from time to time) and documentation (the "Software"), any product or service provided to you by LifePics, any LifePics Partner Service that connects to LifePics, or any web site provided to you by LifePics, including but not limited to any web site with a LifePics domain or sub-domain ("LifePics.com") and the Flutterfrog ("Flutterfrog") online imaging web site (each a "Site" and collectively the "Sites"), as they contain the legal terms and conditions of an agreement ("Agreement") between you and LifePics that you agree to when you use the Software and any of the services provided to you by LifePics through the Sites (collectively, the "Services").

By accessing or using any of the Services you agree to be bound by the Terms of Section A and Section C which contain provisions applicable to all users of the Services, including casual visitors to the Sites. If you choose to register as a member of, make a purchase through and/or create an account on a Site or install the Software, you must also read and agree to be bound by the Terms set forth in Section B, in addition to the Terms of Section C, by clicking on the “I Accept” button set forth at the end of this Agreement.

For the purposes of this Agreement, "you" means you, the person using a Site, Product, or Service (including a Partner Service), and, if applicable, the person that agrees to the Terms in Sections B and C when registering for membership or creating an account ("Membership"), or using the Software, Product, or Service (including a Partner Service). You and any persons in your household that you authorize to use your Membership account are referred to in this Agreement as the "User." "LifePics," "we" or "us" means LifePics, Inc. "Flutterfrog" means the entity for which we are providing the Software, Sites, Products, and Services to you. "Partner Service" means any service provided by a third party entity that connects to a LifePics product, service, or web site. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, LIFEPICS IS UNWILLING TO LICENSE THE SOFTWARE TO YOU OR ALLOW YOU TO USE THE PRODUCTS OR SERVICES (INCLUDING A PARTNER SERVICE), OR ACCESS THE SITES, AND YOU SHOULD CLICK ON THE “DO NOT ACCEPT” BUTTON BELOW TO DISCONTINUE THE INSTALLATION OR REGISTRATION PROCESS. IN SUCH CASE, UPON REMOVAL, DESTRUCTION AND/OR RETURN OF THE SOFTWARE, ANY AMOUNTS ALREADY PAID BY YOU SHALL BE REFUNDED BY LIFEPICS OR THE RETAILER FROM WHICH YOU PURCHASED THE SOFTWARE OR SERVICES.

SECTION A – TERMS APPLICABLE TO UNREGISTERED USERS OF THE SITES, PRODUCTS, SERVICES, or PARTNER SERVICES.

1. Availability. LifePics uses commercially reasonable efforts to ensure that the Services are available 24 hours a day 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of LifePics. LifePics will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of LifePics. YOU AGREE THAT LIFEPICS SHALL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

2. Trademarks. All brand, product and service names used in the Services which identify LifePics, are proprietary marks of LifePics. All brand, product and service names used in the Services which identify Flutterfrog are proprietary marks of Flutterfrog. All brand, product and service names used in the Services which identify other entities and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of LifePics, Flutterfrog or any third party with respect to any such image, logo or name.

3. Copyright. Unless otherwise stated in this Agreement or on a Site, LifePics is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.

4. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Sites. LifePics hereby notifies you that all the information, content, image files, software and materials on the Sites may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that LifePics is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on or related to the Sites. LifePics does not provide you with permission to access and view any content provided by other Users or third parties. LifePics has the absolute right to terminate your Membership account or exclude you from the Sites if you use the Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold LifePics harmless for any violation of this provision. By viewing the Sites, you may be exposed to content that you consider to be offensive. You take sole responsibility for such exposure.

5. External Links. From time to time LifePics may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk. LifePics does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree that LifePics is not liable for any loss or damage that you may suffer by using other web sites.

6. Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Sites constitutes acceptance of any amendments, additions, or modifications to this Agreement.

7. Contact. LifePics is located in North Mankato, Minnesota. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:

LifePics:

By E-mail: support@lifepics.com

By Fax: N/A

By Phone: 1-877-500-7875

By Postal Mail: 1985 Lookout Drive, North Mankato, MN 56003 or

Flutterfrog:

By E-mail: orders@flutterfrog.com

By Fax:

By Phone: (714) 486-1150

By Postal Mail: 3540 Cadillac Ave, Costa Mesa, CA 92626

SECTION B – TERMS APPLICABLE TO REGISTERED USERS OF THE SITES AND USERS OF SOFTWARE, PRODUCTS, SERVICES, or PARTNER SERVICES

1. Registration. In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Customer Data") and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LifePics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LifePics has the right to suspend or terminate your Membership and refuse any and all current or future use of the Service (or any portion thereof). To register as a User of the Service you must be 18 years or over. We request that children under 18 not use the Sites without direct parental involvement.

2. Amendment of Terms. You agree that LifePics retains the right to amend these Terms and the Sites, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Sites or any part of the Sites. You agree to review the posting of this Agreement (Terms of Service) periodically to be aware of such changes. Your continued use of the Sites constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made by LifePics shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you have registered as a member and/or created an account, we shall notify you of any material changes to these Terms by email sent to the address you have provided to LifePics for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

3. Site License. LifePics grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Sites, including but not limited to the Services made available from the Sites and used in the operation of the Sites. This license extends only to the non-commercial creation, storage and viewing of digital images and other media items on the Sites and only pursuant to the Terms of this Agreement. This license is exclusive to you and you may not sublicense the use of the Sites or provide, disclose, distribute, transfer, or otherwise make available the Sites to any individuals or entities that LifePics has not specifically authorized to receive access to your account on the Sites. LifePics expressly retains all ownership rights, title and interest in and to all aspects of the Services and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Sites. You may not modify the Sites, create derivative works of the Sites, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Sites that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Sites. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Sites or displayed by, on, or in the Sites. You may use the Sites and the Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Sites or the Services after any termination or expiration of this Agreement for any reason.

4. Software License. If you use the Software, then LifePics is willing to license the Software to you only on the condition that you accept all of the terms and conditions of this Section 4.

4.1 For LifeSync™ Software: Subject to the Terms of this Agreement, LifePics hereby grants You a limited, non-exclusive, non-transferable, personal license to install, perform and use the Software, in machine-readable form only, solely for your own personal, non-commercial use with the applicable Service by a single user or on a single computer, all in accordance with the instructions, specifications and documentation provided with the Software. You may make one (1) copy of the Software only for backup and archival purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software.

4.2 For LifeView™ Software: Subject to the Terms of this Agreement, LifePics hereby grants you a limited, non-exclusive, non-transferable, personal license to access, perform and use the Software, in machine-readable form only, solely for your own personal, non-commercial use with the applicable Service by a single user or on a single computer, all in accordance with the instructions, specifications and documentation provided with the Software.

4.3 Restrictions. You may not use or copy the Software, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. You may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the Software or any portion thereof. You may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except to the extent allowed under any applicable law. The Software contains trade secrets, trademarks, copyrights and embodies inventions which may be the subject of one or more patents or patent applications owned by LifePics, and you shall maintain the Software in confidence. You shall not allow any access to or use of the Software by anyone other than you, and any such use must be consistent with the Terms of this Agreement.

4.4 Ownership. The Software is licensed, not sold, to you for your use only under the Terms of this Agreement, and LifePics reserves all rights not expressly granted to you. You own the media, if any, on which the Software is recorded, but LifePics retains ownership of all copies of the Software itself.

4.5 Updates/Support. From time to time, LifePics may make new releases, revisions or enhancements to the Software (“Updates”) available to you. Such Updates will either (a) be available for you to download and install or (b) be updated automatically through the software.

5. Content License. LifePics does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials or content you make available or use in connection with the Sites or the Services or used in connection with or managed by your account (“Content”). As a condition to your use of your Membership account, you hereby grant to LifePics a non-exclusive, royalty-free license to use, copy, distribute, and display such Content for the sole purpose of enabling us to make your Content available through the Service and fulfilling any orders for you or for those with whom you have shared your Content. Please note that when you share Content, you allow the recipients to share and make photographic prints from that Content. You remain the owner of all Content that you submit to the Service and as a condition of your use of the Sites and the Services, you represent and warrant to LifePics that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. You agree to indemnify and hold LifePics harmless for any violation of this provision.

6. Password. You will receive a password and Membership designation upon completing the registration process for any of the Services. You are responsible for maintaining the confidentiality of the password and Membership information, and are fully responsible for all activities that occur under your password or Membership account. You agree to (a) immediately notify LifePics of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LifePics cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

7. Pricing. The prices for the Services provided on the Sites are posted on the Sites. All prices are subject to change without notice. You agree to pay all applicable fees for all Services provided to you. For all Site access and subscription charges, your credit card will be billed directly. Recurring charges are billed in advance of Service. Charges for film processing, prints, enlargements, novelty items, and other products are separate from any subscription fees and may be billed separately. You agree that your credit card may be charged directly for any service or processing fees that allow you to view your images online. You agree to provide an automatic credit card payment authorization, which will be used to charge for all Services provided to you. All prices are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage may be added to your order during the checkout process. In the event that you order products and the price published on the Sites was incorrect, reasonable commercial efforts will be used to contact you to let you know the correct price and ask you whether you still want your order fulfilled at the correct price. Any dates specified for delivery of any products are intended to be an estimate only. You agree to reimburse LifePics or Flutterfrog, as applicable, for all expenses incurred to recover sums due, including attorney fees and other legal expenses in the event legal action is necessary to collect on balances due for Services.

8. Payment Information. You will (a) provide accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information, and (b) immediately report all changes to this information. If the contact information you have provided is false or fraudulent, your access to the Services may be terminated and we may seek any other additional legal remedies. Neither LifePics nor Flutterfrog will be responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed for Services. All charges will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date.

9. Late Payments; Taxes. Any amount that is not paid when due will accrue a late fee of one and one half percent (1.5%) per month, or portion thereof, or the maximum rate permitted by applicable law, whichever is less, on any outstanding balance from the due date until paid, and you agree to pay all such late fees plus all expenses of collection. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on income.

10. Submissions.

10.1 You may place Content on the Sites only in accordance with the following limitations and you may NOT store any of the following material on the Sites or obtain any such material using the Sites:

• Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. LifePics recommends you use an “adult-content” warning label when pictures are being shared that include legal adult content;

• Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material;

• Any material sent from an anonymous or false address.

10.2 While LifePics does not and cannot review all material on the Sites, and is not responsible for its content, LifePics reserves the right to remove, delete, move or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.

10.3 LifePics will not be liable for the Content of any submission. You agree to indemnify and hold LifePics harmless for any violation of this provision.

11. Storage Policy.

11.1 Online Storage. A benefit of Membership is the ability to store photos in your online account. Subject to these Terms, as long as you are an active participant in the Service, LifePics will offer free, unlimited storage, for non-commercial purposes, of your personal digital photos that you upload to your account. Storage terms may change without notice. A condition of your storage of photos is your “Active Participation” in the Service. Active Participation is defined as logging-in to your account at least once every 6 months with no purchase requirements. If your Membership account is inactive for a period of over 6 months, LifePics may remove and discard any Content, including all information, communications, postings, albums, image files or any other content within the Service. LifePics may terminate your Membership for any activity that in the sole opinion of LifePics or Flutterfrog constitutes an abuse of your Membership or a violation of these Terms.

11.2 For LifeSync™ Software. Subject to the Terms of this agreement, as long as you are an active participant in the Service, LifePics will offer free, unlimited storage, for non-commercial purposes, of your personal images stored at screen resolution or up to 4x6” print resolution transferred to your account by the LifeSync software. A condition of your storage of photos is your "Active Participation" in the Service (as defined in the previous paragraph, Section 11.1). Transfer and storage of your personal, full-resolution size digital photos is available as a paid service. Your full-resolution digital photos will be stored for the duration of the paid service and all renewal periods. Following the duration of the paid service, your images will be stored for a 60 day grace period, which will allow you to renew the service. If you do not renew the service, your images will be deleted from your account after the sixty (60) day grace period. You will be notified via email when your paid service for full-resolution image storage has expired to allow you to renew the service. LifePics is not responsible or liable in any way for images deleted after the sixty (60) day grace period, nor is LifePics responsible for email or spam filters blocking correspondence with You. You are responsible to update your account with any personal information changes, including email and other contact information, and to maintain your account as active. The software does not transfer all file types; only specific file types are able to be transferred and stored in your online account.

12. Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. LifePics makes no warranty with regard to the products or website of any other entity. LifePics has no control over the content or availability of any third-party software or web sites. In particular, (a) LifePics makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) LifePics notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.

13. Monitoring of Content.

13.1 Your account with LifePics is available for your personal, non-commercial use. You can allow other people to view selected Content. Shared Content will require that you provide a license to your Content to others. You understand that LifePics can access your account and provide access to third parties for the following reasons:

• We can remind you of your password in case you forget it; if this becomes necessary, we send an e-mail upon your request to the address from which you opened your account;

• To maintain the Sites and to develop new and useful features and services;

• To follow a court order, subpoena, complaint or a lawful request from governmental authorities.

13.2 You acknowledge that LifePics may not pre-screen Content, but that LifePics and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, LifePics and its designees shall have the right to remove any Content that violates any part of these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LifePics or submitted to LifePics.

13.3 Any Content discovered on a Site that is deemed in the sole discretion of LifePics to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.

13.4 You acknowledge, consent and agree that LifePics may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LifePics, its users and the public.

13.5 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

13.6 You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by LifePics and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited

14. Conduct.

14.1 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not LifePics, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. LifePics does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LifePics be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

14.2 You may not obtain or seek to obtain access to materials on the Sites for which your access is not authorized, including materials belonging to other users. Any attempt to circumvent firewalls or other security devices of the Sites is a violation of this Agreement. You agree to indemnify and hold LifePics harmless for any violation of this provision.

15. Copyright Violations. Please click on the following link to view LifePics’ Copyright Policy if you believe the copyright in your work has been violated, which, by this reference, becomes a part of these Terms: Copyright Policy.

16. Suspension and Termination of Access and Membership.

16.1 LifePics reserves the right to suspend or terminate your account and use of the Sites and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other materials on the Sites, at any time, without notice, for any reason, including but not limited to the following:

• Breach of these Terms, including policies, community guidelines or safety tips set forth by LifePics elsewhere;

• Conduct that LifePics believes is harmful to other users of LifePics or the business of LifePics or other third party information providers.

Without limiting the generality of the foregoing, LifePics will terminate your Membership account if you repeatedly upload Content that infringes on third-party copyrights. Upon termination of your Membership account, your right to use the Sites and the Services will immediately cease. If you fail to delete your Content prior to termination or suspension of your Membership account, LifePics may (but shall be under no obligation to) maintain such Content following such termination or suspension. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

16.2 Further, you agree that LifePics shall not be liable to you or any third party for any termination of your access to the Sites.

16.3 LifePics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LifePics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. Privacy. It is the policy of LifePics and Flutterfrog to respect the privacy of individuals who visit the Sites, make purchases, create accounts and/or provide comments to us. Addresses, names and other identifying and contact information are collected from Users of the Sites in accordance with and subject to the privacy policy available at privacy policy (“Privacy Policy”) which, by this reference, becomes a part of these Terms. If our company or our assets are acquired by another company, that company will possess all information collected by us and it will assume the rights and obligations regarding your information as described in the Privacy Policy. If you have any questions, comments, complaints or suggestions, including any report of violation of the Privacy Policy you should contact LifePics at:

LifePics:

By E-mail: support@lifepics.com

By Fax: N/A

By Phone: 1-877-500-7875

By Postal Mail: 1985 Lookout Drive, North Mankato, MN 56003

18. Disclaimer of Warranty. THE SERVICES, SOFTWARE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN PARTICULAR, NEITHER LIFEPICS NOR Flutterfrog MAKES ANY WARRANTY THAT THE SITES, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITES OR ANY SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITES, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA OR IMAGES ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS. NEITHER LIFEPICS NOR Flutterfrog MAKES ANY WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITES OR ADVERTISED THROUGH THE SITES. NO ADVICE OR INFORMATION GIVEN BY LIFEPICS, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.

19. Indemnification. You agree to indemnify and hold LifePics, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.

SECTION C – TERMS APPLICABLE TO REGISTERED USERS AND UNREGISTERED USERS OF THE SITES, PRODUCTS, SERVICES, or PARTNER SERVICES

1. Limitation of Liability.

1.1 YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES, INCLUDING THE SERVICES AND ANY SOFTWARE OR OTHER MATERIALS ON THE SITES, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LIFEPICS OR Flutterfrog BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITES, INCLUDING ANY SOFTWARE OR SERVICES, DAMAGES FROM ANY CHANGES TO THE SITES, INCLUDING ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF LIFEPICS OR Flutterfrog HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT NEITHER LIFEPICS NOR Flutterfrog SHALL HAVE ANY LIABILITY FOR ANY CONTENT PROVIDED BY YOU TO LIFEPICS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

1.2 IF YOU ARE DISSATISFIED WITH THE SITES, SERVICES OR SOFTWARE, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL LIFEPICS HAS BREACHED THESE TERMS AND CONDITIONS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, SERVICES AND SOFTWARE. THE TOTAL LIABILITY OF LIFEPICS AND Flutterfrog TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE SITES, SERVICES AND SOFTWARE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100). IT IS THE INTENTION OF LIFEPICS, Flutterfrog AND YOU THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

1.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

2. General.

2.1 Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. This Agreement and any claims hereunder shall be governed by and subject to the laws of the State of Colorado, without giving effect to any principles of conflicts of law.

2.2 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

2.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and LifePics as a result of this Agreement or use of the Service.

2.4 Enforcement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive.

2.5 Force Majeure. LifePics will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond LifePics’ reasonable control.

2.6 Waiver. The failure of LifePics to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by LifePics in writing.

2.7 Construction. The headings of Sections of the Agreement are for convenience and are not to be used in interpretation.

2.8 Assignment. You may not assign or transfer, by operation of law or otherwise, this Agreement or any of your rights under this Agreement to any third party without LifePics’ prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. LifePics may assign this Agreement to any successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise.

2.9 Entire Agreement. This Agreement constitutes the entire agreement between you and LifePics and governs your use of the Sites, superseding any prior agreements between you and LifePics. The failure of LifePics to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

2.10 U.S. Government End Users. The Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.

2.11 Export Law. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required.

BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS ABOVE, LIFEPICS IS UNWILLING TO LICENSE THE SOFTWARE OR PROVIDE SERVICES TO YOU, AND YOU SHOULD CLICK ON THE “DO NOT ACCEPT” BUTTON BELOW TO DISCONTINUE THE INSTALLATION OR REGISTRATION PROCESS. IN SUCH CASE, ANY AMOUNTS ALREADY PAID BY YOU FOR THE SOFTWARE OR SERVICES SHALL BE REFUNDED BY LIFEPICS OR THE RETAILER FROM WHICH YOU PURCHASED THE SOFTWARE OR SERVICES.

Privacy Statement

Privacy Statement for Online Imaging Services.

We at LifePics have a firm commitment to safeguarding the privacy of our customers. This page will inform you about our information gathering and dissemination practices for LifePics on this online imaging web site (the "Site") and all of our services, including our online imaging services at provided by LifePics on behalf of Flutterfrog (the "Service"). If you have questions or concerns regarding this statement, you should contact support@lifepics.com.

LifePics is also referred to in this Statement as "we" and "us". For the purpose of this Privacy Statement, Flutterfrog will have all of the rights and obligations of LifePics with regard to any information collected in connection with the Service.

In General
Your Photo Albums, Album Sharing, and Address Book
LifePics is committed to providing you with a safe environment to upload, share and print your photos. Except for albums you choose to share publicly without password protection, your photos are password protected and are not visible to others unless you explicitly share them. See "Terms of Service" for further details.

If you invite visitors to see your photos, by clicking on the "Share" tab, LifePics will send an email to your list of invitees containing the URL to your album. Please note that your invitees can then forward the email containing the URL to other parties if they choose to do so when they share albums publicly.

Your Personal Information
LifePics only uses your personal information to conduct business with you. Your personally identifiable information will not be rented, sold or shared with any third party, except as described in this Privacy Statement or as otherwise agreed by you. LifePics may disclose information it has collected from any member of the Service and/or content any member has made available on the Service when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of LifePics or others. If our company or our assets are acquired by another company, that company will possess all personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this Privacy Statement.

We may change this Privacy Policy without notice from time to time. Please visit this page for updates and changes. Regardless of later changes or updates, LifePics will not use your information in a new way without first providing you with an opportunity to opt-out.

Also, if you have not already done so, please click here to review the "Terms of Service" that govern your use of the Service. Our privacy policy is considered part of the Terms of Service.

Information We Collect and How We Use It

Information You Explicitly Provide
In order to establish your account or to place any orders for prints or other products provided through the Service, you will be asked to provide certain personally identifiable information to us, such as your name, mailing and email address, phone number, and a credit card number and expiration date. We will use that information to process and communicate with you concerning any order you may submit, and to enable online imaging services to you. At times, we may also ask you for similar information, and information about your photography equipment and practices, if you choose to request a newsletter, enter a contest, fill out a customer survey or participate in a program. We may use this information to make improvements to our service or customize your service experience. In addition, all information will be shared between Flutterfrog and LifePics, and both Flutterfrog

and LifePics are required to adhere to this Privacy Statement and may only use your information in accordance with this Privacy Statement. In any event, we will not share your personally identifiable information with anyone, including other third parties without giving you the opportunity to opt-out, except as expressly described in the "Third Party Service Providers" section of this Privacy Statement.
We use aggregate non-personal information (i.e. information that does not include personally identifiable data) for statistical analysis of user behavior, product development, content improvement and marketing, promotional and advertising purposes. We may also make that aggregate non-personal information available to select third party partners.

Information We Automatically Collect

Cookies and Invisible Gifs (also known as "Clear Gifs," "Web Bugs" and "Tracker Gifs")
Generally speaking, we use cookies and invisible gifs to track users of the Service (including our newsletter service) and Site, including photo albums and the shopping areas. For example, when you visit our Site, we assign you a unique User ID and store it on your computer in the form of a cookie (unless your browser's cookie support has been disabled). Through the use of cookies, User IDs, and invisible gifs, we are able to optimize the performance and functionality of our Site, and to personalize our Site for you and present you with content and offers specific to your interests.

Disabling Cookies
If you are uncomfortable with the idea of your information being stored in cookies, we recommend disabling cookie support in your browser, though please understand this will limit the performance and functionality of the Site. Your browser documentation will provide specific procedures for disabling cookie support. If you would like to opt-out from the newsletter mailing list, please see the instructions under the Choice/Opt-Out section below.

Affiliate Site ID
If you entered the Site by clicking a link or promotion on another web site (including another co-branded partner web site), or if you used a site that provides universal registration services to sign up for our Site, we will store the ID of that affiliate site in our database along with your computer's User ID. We do this to ensure that the affiliate site receives proper credit for any subsequent order you might place. We may also use this information in conjunction with your activities on our Site to help us identify what offers and services may be of interest to you.

Third Party Service Providers
We may share your personally identifiable information with those companies that assist us in providing the Service to you. Following are some examples of our use of third party service providers: We may share your credit card information with a financial institution to affect your purchase of our products using your credit card. We may share personally identifiable information (not including credit card information) with third parties that assist us with the administration of our newsletters or contests or that help us understand what our customers want and need from our service, including analysis of the results of particular surveys we may perform. We also engage third parties to assist us by tracking the number of visitors to our Site, including visitors that have "clicked-through" from specified promotions on third party web sites and those visitors' activities on the Site. We may also choose to offer certain third party products, such as Custom Printed Cards or PrePaid Cards through the Service and may disclose certain portions of your personally identifiable information (not including credit card information) to allow those product producers to fulfill your product order.

Contact Us via Email Form
If you use our Contact Us via Email Form, we do ask for your email address and name. In addition, we do collect what browser and operating system you are running so our support staff may properly assist you.

Your Copyrights
LifePics Imaging Network respects the intellectual property rights of others. We claim no ownership rights in any image contained in any of your photo albums and will not share your images unless instructed by you or otherwise required by law. Please note that when you share a photo album, you allow the recipients of that album to share and make photographic prints from the images contained in that album. For more information, see our "Terms of Service".

Opting-Out, Updates and Security

Choice/Opt-Out
The Service provides you with the opportunity to opt-out of receiving newsletters and other promotional communications from LifePics. To discontinue your receipt of such newsletters and communications, you can do so in the "My Account" section of our Site. LifePics will continue to send you non-promotional, service emails concerning your account and the management or notifications of orders, confirmation of orders, or expiration of albums or images within your account.

Correct/Update
If you want to review or change any information you previously provided to us, please go to the "My Account" section of the Site.

De-Activating Your LifePics Online Imaging Account
If you want to de-activate your account with LifePics, please send an email to (support@lifepics.com) with your request. Please note any service will be billed/refunded as agreed when you signed up. Please be sure to include the email address of the account you wish to de-activate. Your account will be de-activated, your personal data removed, and you will no longer receive communications from us; however, we will keep your account information in our database for record-keeping purposes only.

Security
The Service has security measures in place to protect the loss, misuse and alteration of the information under our control. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Except as otherwise stated in this Privacy Statement, access to that data is limited to authorized LifePics staff members and our hosting company only and is further restricted by password protection mechanisms. By default, all orders placed on our Site are done on a secure server that encrypts all financial information through SSL. We will not store your credit card information in our database unless you explicitly instruct us to do so.

Other Sites; Contact Information

Links to Other Sites
This Site may contain links to other sites. LifePics is not responsible for the privacy practices or the content of such other web sites.

Contact information on privacy
If you have any questions about this privacy statement, the practices of the Service, or your dealings with us, you can email your questions to support@lifepics.com. ________________________________________

Privacy Glossary
Here are definitions for commonly used privacy and related Internet terms.

Aggregate information
Information that may be collected by a web site but is not "personally identifiable" to you (see definition below). Aggregate information includes demographic data, domain names, and web site traffic. As long as none of these fields is linked to a user's personal information, the data is considered aggregate.

Browser
Also called a web browser. Software that enables you to search and or navigate through web sites or "browse" parts of the Internet, especially the World Wide Web. Examples: Netscape Navigator and Microsoft Internet Explorer.

Cookie
A block of text placed in a file on your computer's hard drive by a web site you've visited. A cookie is used to identify your computer the next time you access the site. Cookies cannot identify an individual user specifically unless the cookie data is attached to personally identifiable information collected some other way, such as via an online registration form.

Domain name
The company, individual, or organization "name" you use to access a web site, e.g. www.LifePics.com.

Email
See electronic mail.

Email address
The computer version of a postal address. Like a postal address, it contains information about who the e-mail recipient is and where he or she resides on the Internet.

Electronic mail
Commonly referred to as email, this form of communication enables you to send messages and files from your computer through the Internet to one or more email addresses.

Encryption
Data that is scrambled into a private code for secure transmission.

Internet
A worldwide system of interconnected computer networks, whose use is not controlled by any government agency or central authority.

Invisible Gif
An invisible gif is a simple signal sent from certain emails or Web pages to the sponsor of the emails or Web pages, allowing the sponsor to keep track of the number of users who access the emails and Web pages.

Opt-in
An option giving you the ability to agree to the collection and dissemination of your personally identifiable information. A site that provides this option is stating that it will not gather or track personally identifiable information about you unless you knowingly provide such information and consent to such activities.

Opt-out
An option giving you the choice to prevent personally identifiable information from being used by a particular web site or shared with third parties.

Password
A private, unique series of letters and/or numbers that you create and must use to gain access to a web site or the Internet, specific data available online, or to make modifications to restricted-access software (e.g. parental control software).

Personally identifiable information
Information that can be traced back to an individual user, e.g. your name, postal address, or e-mail address. Personal user preferences tracked by a web site via a "cookie" (see definition above) is also considered personally identifiable when linked to other personally identifiable information provided by you online.

Privacy statement
A page on a web site that lays out the site's privacy policy, i.e. what personal information is collected by the site, how it will be used, whom it will be shared with, and whether you have the option to exercise control over how your information will be used.

Web browser
See browser.

Web site
A collection of "pages" or files on the World Wide Web that are linked together and maintained by a company, organization, or individual. Anyone with a web site may be considered a content provider or a publisher.

World Wide Web
A part of the Internet that links text, sound, and images in the form of web pages and sites.

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