User Agreement

User Agreement

This website and related services are provided subject to your agreement with this User Agreement, which may be modified or supplemented at any time. Your use of this website will indicate your agreement to be bound by this User Agreement as it exists at the time of your use. If you do not agree with this User Agreement, please promptly exit the site.

This website is provided in part by Zenfolio Inc., (“Zenfolio”), and based upon software and other intellectual property licensed by Zenfolio. Zenfolio is an online subscription service that provides photographers a platform for organizing, exhibiting and selling photographs. As used in this Agreement, "you" and "your" will refer to anyone accessing or visiting the website, and "Photographer" refers to the individual or company who has a subscription with Zenfolio to use this website to upload and/or sell photographs or related products. In the event of any conflict between this User Agreement and any statement, understanding or agreement between you and Photographer, this User Agreement controls.

Intellectual Property Rights in Purchased Products

Products purchased through this website are purchased subject to the terms set forth by Photographer in a separate license agreement, and the acquisition of a copy of a product does not itself convey any rights under copyright or other laws to exploit the work. Products purchased by you through this website may not be reproduced, scanned, displayed, transmitted, distributed, modified, altered or otherwise exploited in any manner without the prior written consent of Photographer. All license agreements are entered into by you and Photographer at your own risk, and Zenfolio provides no warranties and bears no responsibility for the correctness or appropriateness of any such license agreement.

Copyrighted Materials

Photographers and/or their clients retain their full rights to any content they upload to this website, including, but not limited to, images, videos, biographies and business information. All other content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this website, is the property of Zenfolio or its licensors or suppliers, and no portion of such other content may be reprinted, republished, modified, or distributed in any form without the express written permission of Zenfolio.

Privacy Policy

Your privacy is important to us, so we will strive to keep Your information safe and secure. This privacy policy will explain the kind of information we collect about You and how we use, store and disclose the information we collect from or about You. By accessing and using the Website and our Mobile Applications, you agree to our Privacy Policy as outlined below.  Please note that all references to our Website, by default, also refer to our Mobile Applications.

We reserve the right to modify this Privacy Policy at any time and without prior notice. Please check regularly for the most recent version of our Privacy Policy. The new policy will apply to all current and past users of the Website and will replace any prior policies that are inconsistent with it.  This Privacy Policy is not a contract and does not create any legal rights or obligations.

Information Collected from You and How We Use It

In order to establish your unique credentials to access the Website, we may collect and store the following information: Your name, email address, and display preferences. When making purchase orders on our Website we may also collect and share with the merchant processor your name, billing address, telephone number, billing and credit card information, shipping addresses, and payment preferences.  Your photographer may also collect identifying information, which you provide, such as dates of service, grade/school/event/gender and similar identifying information to create custom galleries for you.  We may also collect IP addresses and non-personal information such as operating system, browser software, Internet domain and host names, and activity on the website for administration and demographic purposes. We do not, however, link IP addresses to your computer's User ID. Zenfolio may use third party analytic tools and reporting technologies to this collect non-personal information via cookies, web beacons, or other types of tracking pixels. Zenfolio uses such information to optimize the website to better suit you, enhance your time spent with us online and to process orders, and to protect against potentially fraudulent transactions and security issues. Under no circumstances does Zenfolio rent, trade or share your e-mail address with any other company for their marketing purposes without your consent. We may engage Partners or third parties to process your information on your behalf in order to process and fulfill your orders. We may disclose the personal and non-personal information to any successor-in-interest of its business. Zenfolio may need to disclose your personal information when required by law or when it has a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process. We reserve the right to collect, use, process and disclose personally identifiable information to protect the rights or property of Zenfolio, its employees , its customers, its websites, or their users, for fraud detection or prevention, for the prevention, detection, apprehension or prosecution of criminal acts or when we believe in good faith that it is in the interest of security or that disclosure is otherwise necessary or advisable.

Cookies

Like almost all e-commerce web sites, this website use "cookies." Cookies are bits of information that are stored on your computer by your web browser. Although the cookies don't store any of your personal information, they do allow this website to provide you with a more personalized user experience, to track your use of the website, to analyze website activity and to allow you to login and begin use of the website automatically when you visit.

Whether you want your web browser to accept cookies or not is up to you. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to be notified when you receive a new cookie, or how to disable cookies altogether. If you haven't changed your computer's settings, most likely your browser already accepts cookies. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer. However, because cookies allow you to take advantage of some of features and services, it is recommended that you leave them turned on. For instance, if you block cookies, you will not be able to add items to your cart, proceed to checkout, or use any services that require you to sign in.

Category	Party	Purpose
Functionality	Zenfolio	The Website uses these cookies to enable some basic functionalities to provide a basic personalized experience while browsing, making creations and shopping on our website. Examples include remembering your login details, which products you have added to your cart, your language preferences. The information collected through these cookies is only used for this purpose and is never shared or sold to third parties.
Strictly necessary	Zenfolio	These cookies are essential as they enable you to move around a website and use its features, such as accessing checkout. The information collected through these cookies is only used for this purpose and is never shared or sold to third parties.
Analytical/ Performance	Google Analytics	Google Analytics uses cookies to collect data that helps us understand how people are using the site and monitor any errors that users may be experiencing. We use this information to identify how and where we can improve the user experience. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties.
Analytical/ Performance	Google Website Optimizer	The Website works with 3rd party Google Website Optimizer to test and find the optimal content and experience for our users. The cookies used by Google Website Optimizer enable us to identify which experiences visitors to our site have seen and how the content has performed for the visitor, this will allow us to ensure that future experiences can be further improved. The data collected through these cookies is anonymous, Google Website Optimizer does not collect specific customer data and is never shared with other third parties.
Targeting	Various Third Party Service Providers	The Website works with various 3rd party providers (such as Quantcast, Facebook, Google, Bing, etc.) to display banner advertising on other selected websites. These cookies also help us to monitor and improve the effectiveness of our banner advertising and to refine the targeting of these campaigns so that we are displaying the most relevant content for each individual. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties.
Targeting	Various Third Party Service Providers	Cookies are used by 3rd party affiliates enabling the Website to meet contractual obligations to make payments to them when they introduce a new customer to the Website. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties.

 

How Your Information Is Protected

This website uses standard industry security practices to protect your personal information including Secure Socket Layer (SSL) transmission technology for all sensitive information exchanges. This technology encrypts information you send us to avoid it being intercepted before reaching Zenfolio's secure HTTPS servers.

Zenfolio follows generally accepted industry standards to protect the personal information submitted to it from unauthorized access or disclosure, both during transmission and once Zenfolio receives it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Zenfolio strives to use commercially acceptable means to protect your personal information, we cannot guarantee absolute security. Zenfolio assumes no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third parties, or other acts or omissions.

Data Retention

The Website will store user-provided data for as long as You use the related feature of the Website, unless You choose to delete it.  Only information provided for purchases and related activities will be stored in our operational systems as needed to provide Your requested services.  If you delete your Zenfolio Account, Zenfolio will delete the data stored in that account.

Data Transfer and Storage

Zenfolio is a California corporation operated from within the United States. Accordingly, information collected by Zenfolio will be stored in the United States. If you are accessing the Website from outside of the United States, you acknowledge and agree that your information will be received by or transferred to servers located within the United States and processed by Zenfolio and its third party service providers.

We do not control the privacy policies of any third-party sites linked to the Website. We assume no responsibility or liability for the privacy policies or actions of such third parties. It is Your responsibility to be informed of and be comfortable with the privacy policy of any third-party Website that You access. We and Zenfolio assume no responsibility or liability for information that You voluntarily disclose in a public area or forum.  We encourage you to read the privacy statements of each site that collects information from you. When you are leaving our site via a link to interact with a site that is not governed by our privacy policy, a new browser window will open. If your interaction with our site will require sending your information to a third-party site that is not governed by our privacy policy, we will clearly inform you before your information is sent.

Sharing With Social Media

You may wish to share information and activities from this Website with social media platforms. To utilize social media sharing features, you will be prompted to grant permissions within those platforms, as you choose.   For Facebook updates, you will need to allow account login and publishing permissions.  This enables you to: post questions and content to a feed, upload photos/videos, add likes and comments, create notes and post to events and groups.  Activity and data shared from the Website to these platforms is covered by the internal privacy policy of each platform.

In order to ensure Your privacy, you must keep the secrecy of any password or personal information at all times. The ultimate responsibility for the protection of Your information rests with You.

Opting Out of Certain Communications

If you are no longer interested in receiving e-mail announcements and other marketing information from Zenfolio, please e-mail your request to [email protected]. Please include your complete name, e-mail address and mailing address. Note that you may still receive transaction-related communications from Zenfolio.

Changing Your Personal Information

We ask that you keep your information as up-to-date as possible, so you may get the maximum benefit from the Website. You have a right to access the personal information held about you. You can obtain a copy of your personal information and request changes or deletion of your personal information and/or account by emailing Zenfolio at [email protected]. For your protection, you may be required to provide proof of your identity before obtaining a copy of your personal information.

Resolution of Disputes

For purposes of any action or claim against Zenfolio, this agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules, and you agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of San Mateo in the State of California, USA and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, if you access or use the website from the European Union, for purposes of any action or claim against Zenfolio this Agreement shall be governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to disputes arising in connection with this agreement. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.