Welcome to SmilesByWire^sm, a fun and easy way to share photographs. By using the SmilesByWire^sm site (“Site”) or any SmilesByWire^sm services (“Services”), you expressly agree to the terms and conditions set out below (“Terms”). Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, such as promotional materials, these terms will always control. Be sure to check this page regularly.

1. Entering the Site. By entering and using this Site, you agree to be bound by the Terms. You may only use the Site and services in accordance with these Terms. You represent that you have the lawful right to enter the Site and have permission from the access code owner to view, share and/or order pictures, images and/or text (together “Materials”). An authorized user is licensed to use the site for personal purposes only. No commercial use is authorized or intended.

2. Access Code Security. You are responsible for keeping the access code secure. By sharing the access code, others will have access to the Materials and the ability to also share the access code and Materials with others. By sharing your entire portrait sitting, the access code will automatically be shared. If you forward individual images, the access code will not be included.

3. Copyrights. All copyrights and other proprietary rights in the Materials are the sole property of Lifetouch Portrait Studios Inc. (“Lifetouch”). Use of Materials is limited to viewing, sharing and printing for personal use and ordering portraits and products from Lifetouch. You agree not to sell, re-sell or exploit the Materials or the Services, or access the Services for any commercial purpose.
4. Image Quality. The images on this Site are published in a low resolution format for uploading speed and viewing. Any images that are downloaded will not be as crisp as a high resolution print. High resolution, professional quality prints are available for purchase through this Site.
5. Internet Communications. Materials placed on the Internet are electronic communications which can be forwarded, intercepted, printed and stored by others and could be randomly accessed by anyone. Your SmilesByWire session is protected by the access code and customer name. The purchase of SmilesByWire authorized Lifetouch to place the Materials on the Internet, understanding the nature of the Internet and possibility of random accessed by hackers or others.
6. Length of Time Images are on the System. Images will be accessible on this Internet site for 90 days. Orders for portraits or products must be made within that time. After that time, image data and portrait negatives will be destroyed.
7. Trademarks. SmilesByWire and Lifetouch Portrait Studios Inc.^® are trademarks of Lifetouch Inc. JCPenney is a registered trademark of JCPenney Company, Inc.
8. No Unlawful Use. No items may be included with or forwarded to any person or entity with unlawful intent or content. Use must comply with the laws of the United States and regulations.
9. No Express or Implied Warranties. The Materials are provided “as is” and “as available”. UNLESS OTHERWISE PROHIBITED BY LAW, ALL WARRANTIES, EXPRESS IMPLIED AND STATUTORY ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, LIFETOUCH DOES NOT WARRANT THAT SMILESBYWIRE^SM, THE MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OPERATE ON ALL COMPUTERS, OR THAT USE WILL BE RELIABLE, UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10. Indemnity. You agree to indemnify, defend and hold harmless Lifetouch Portrait Studios Inc., JCPenney Company, Inc., their affiliated companies, officers, directors, employees, agents, licensors, suppliers and any third party information providers, from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms or any activity related to your images, pass code (including negligent or wrongful conduct) by you or any other person accessing the Services using your pass code.
11. Limitation of Liability. You expressly acknowledge and agree that neither Lifetouch nor JCPenney Company, Inc. (“JCPenney”) or any of their affiliated companies, officers, directors, employees, shareholders, agents or representatives will be liable to you or anyone for any direct, indirect, special, consequential, incidental or exemplary damages in any way, arising out of or relating to use or inability to use the Site or the Materials, even if Lifetouch has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In no event will any liability for damages exceed the price paid for the Service.
12. Changes. Lifetouch may make changes to the Site, Materials, information, text, graphics, links or other items contained at this Site, or to the products or services mentioned on this Site, at any time without notice, including the right to terminate the Service or any part of it. Lifetouch has no duty or obligation to maintain, modify or update this Site.
13. Termination of Access. You agree and acknowledge that Lifetouch, in its sole discretion, may terminate your access to the Materials or use of the Service and remove and discard any content including, but not limited to, any and all information, communications, with respect to the Materials, at any time, without notice, for any reason, including but not limited to:
    1. Conduct violating these terms or other policies or guidelines set forth by Lifetouch elsewhere on the Site;
    2. Conduct that Lifetouch believes is harmful to other users, the business of Lifetouch or JCPenney or other third parties;
    3. The security of your access code has been compromised; and
    4. Conduct that violates the letter or spirit of these terms.
    You agree that Lifetouch shall not be liable to you or any third party for any termination of your access to the Site.
14. Control of Site. Lifetouch operates and controls this Site in the United States of America. Lifetouch makes no representation that the Materials or any portion of this Site or products or services of Lifetouch are available in any location or that access to its products and services is available everywhere.
15. Choice of Law. The state and federal court of Minnesota shall be the exclusive form and venue to resolve any and all disputes arising out of or relating to these terms. You agree that regardless of any statute or law to the contrary, any claim or cause or action arising out of or related to the Service or the terms or the Materials, must be filed within one year after the claim or cause of action arises or be forever barred.
16. Entire Agreement. These terms constitute the entire Agreement between you and Lifetouch and govern your use of the Service, superceding any prior agreements between you and Lifetouch. These terms will always control, in the event of any inconsistencies with other materials. The failure of Lifetouch to exercise or enforce any right or provision of the Terms shall not constitute a waiver of any right or provision. If any provision of the Terms is found by a Court of competent jurisdiction to be invalid, you agree that the Court should give effect to the parties’ intentions as reflected in the Terms, and the remaining Terms will continue in full force and effect.
17. Privacy Policy. Privacy is important to all of us. Please see our privacy policy.

Revised November 18, 2003