ThisLife Terms of Service
These are the Terms of Service for ThisLife, a unique subscription service offered by Shutterfly, Inc. Because of the uniqueness of the service and the fact that it is subscription-based, the terms and conditions of this Service will vary in several ways from the terms and conditions of Shutterfly, Inc. or other statements on Shutterfly.com. Please read these terms and conditions carefully. In the event of a conflict between these Terms and those of Shutterfly, Inc., these Terms will take precedence.
1. Acceptance of Terms of Service
2. Changes to Terms of Service
We reserve the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed at https://www.thislife.com/terms. The most current version of these Terms will supersede all previous versions.
3. No Commercial Use
You may access and use ThisLife solely for your personal, noncommercial use. Except as expressly authorized hereunder, ThisLife may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization.
4. Privacy and Communication Preferences
5. Registration, Billing, Automatic Renewal, and Cancellation
In order to become a Member of ThisLife, you must register to create a Shutterfly account or sign in with an existing Shutterfly account (“Membership”).
During the registration process, you will be required to provide certain information, and you will create a Shutterfly username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information regularly to keep it accurate, current and complete. We reserve the right to suspend or terminate your account and Membership in the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You can find the specific details regarding your Membership at any time by visiting the “Settings” option on www.thislife.com.
Plan Types and Fees; Inactive Plans
As a Member, you can choose to be enrolled in either a free plan or a paid plan. The free plan (the "Free Plan") is available at no cost but is limited to storage of photographs only and may exclude features available with Paid Plans. Paid Plans allows for the storage of videos (limited to 2GB per video) as well as photographs. Paid Plans are available on an annual basis (the "Paid Plans"); the fees for the Paid Plans will vary depending on storage capacity and other features.
We, in our sole discretion reserve the right to modify the plans offered on Thislife.com such as price, storage capacity or features. We will provide each member notice of any change to the plans offered at least 30 days prior to the effective date of the change.
If you exceed the limits of your plan, you may be prevented from adding more Content, and you will be prompted to upgrade your plan. You may upgrade your plan at any time by accessing the "Settings" section of the Site.
You may also downgrade your plan at any time by contacting customer support at firstname.lastname@example.org. If you downgrade your plan, you may be unable to upload content in excess of the limits of your downgraded plan and may no longer have access to certain features. In the event that you continue to have content in excess of the limits for your plan level, you will be prompted to either upgrade your plan or delete files to free up storage. If you do not delete sufficient files, we reserve the right to suspend or terminate your plan.
A fuller description of the Service features and pricing associated with each plan type is available on the "Pricing" page at www.thislife.com/pricing.
NOTE: Video uploads on the Paid Plans are limited to 2GB per video.
By enrolling in a Paid Plan, you expressly allow us to charge a fee to the payment method (“Payment Method”) you selected during purchase (or to a different Payment Method if you change your billing information) at the then-current rate, and any other charges or taxes that may apply in connection with your use of the Service. As used in these Terms, "billing" will indicate either a charge or debit, as applicable, against your Payment Method. You will be billed at the start of your Paid Plan and each year thereafter, unless and until you cancel your subscription. In the event we are unable to charge an applicable renewal fee to your Payment Method for more than thirty (30) days after the beginning of a renewal term of your Subscription Plan, you will automatically be downgraded to the Free Plan. In the event of such downgrade, you may no longer be allowed to upload additional Content, and may be subject to cancelation if your Free Plan remains inactive for 90 days. You agree that it is your responsibility to keep your Payment Method up-to-date; we expressly reserve the right to suspend or terminate your Membership and subscription in the event we are unable to charge to your Payment Method. Go to “My Plan” in the “Settings” section of the Site and click on the “Billing” tab to see the date for your next renewal period.
Automatic Renewal and Notice
We will automatically bill to the Payment Method and renew your current Paid Plan for another term when each term expires. If you are currently enrolled in an annual Paid Plan, we will inform you by email before automatically renewing your Paid Plan. Each Paid Plan will renew for an additional term at the end of the current term. Unless otherwise specified, the automatically renewed plan will be for the same term and will be at the same price and at the same service level as your prior plan. We will notify you in advance of any change in the amount to be charged for the renewed plan in the pre-renewal notification. Each automatic renewal and corresponding payment will be processed on the first day of the new term.
Automatic Enrollment Following Free Trial or Promotion
From time to time, we may offer you promotions that provide a discount on paid plans or make paid plans free for a period of time. Depending on the terms of your promotional offer, you may be enrolled into a paid plan following the expiration of your promotional period unless you cancel prior to the end of the promotional period.
Cancelation and Refunds
YOU MAY ONLY CANCEL YOUR PAID PLAN WITHIN FIRST 30 DAYS AFTER THE START OF YOUR PAID PLAN. IF YOU CANCEL YOUR PAID PLAN WITHIN THE FIRST THIRTY (30) DAYS OF THE START OF THE PAID PLAN, YOU WILL RECEIVE A FULL REFUND. THEREAFTER, NO REFUNDS OR CREDITS WILL BE PROVIDED FOR CANCELLED PAID PLANS. To cancel, you will need to contact Customer Support at email@example.com.
6. Right to Terminate
We reserve the right to terminate, suspend or restrict your Membership and plan to the Service, with or without notice, for any or no reason whatsoever. If we do so, we will try to let you know in advance and help you retrieve your original uploaded photos and videos, although there may be some cases (for example, repeated or flagrant violation of these Terms, a court order, or danger to other users) where we may suspend your Membership and plan immediately.
7. Effect of Cancellation, Expiration or Termination
In the event of cancellation, expiration, downgrade or termination of your subscription or Membership, you may be unable to access your Content and you may no longer be allowed to upload additional Content. You may also lose access to certain features or functionality only available to current subscribers.
IN THE EVENT OF CANCELLATION, EXPIRATION, DOWNGRADE, OR TERMINATION OF YOUR PLAN OR MEMBERSHIP, WE MAY ALSO DELETE SOME OR ALL OF YOUR CONTENT. IT IS YOUR RESPONSIBILITY TO BACK-UP YOUR PHOTOS AND OTHER UPLOADED CONTENT PRIOR TO THE CANCELLATION, EXPIRATION, DOWNGRADE OR TERMINATION.
8. Account Security
You are responsible for safeguarding the password you use to access the Service and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized the activity. You should immediately notify us of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of photos or other content to your account, it is your responsibility to use a secure encrypted connection to communicate with the Service.
9. Social Media and Networking Sites
As a Member of the Service, you have the option of granting us access to your account(s) with certain third-party social media and networking sites, such as Facebook, Instagram, Picasa, Flickr, Shutterfly, Twitter, SmugMug, and others (each, an "SNS"). Provided an SNS permits this, we can capture and make available on the Site and through the Application the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site and through the Application. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site and through the Application. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site and through the Application. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the Site and through the Application. You have the ability to disable the connection between the Site and Application and your SNS account(s), at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
10. Member Submissions
Any Content you post, upload, publish, submit or transmit via the Service is subject to Shutterfly’s Terms and Conditions.
11. General Legal Terms
Any dispute or claim arising from or relating to these Terms or the Service is subject to the disclaimer of warranties, limitation of liability, governing law and all other terms in Shutterfly’s Terms and Conditions.
12. Contacting ThisLife
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
Last updated: January 2015