Shutterfly's Bulk Photo Book Program - Terms and Conditions

Thank you for your interest in Shutterfly's Bulk Photo Book Program. We are excited to have this opportunity to bring Shutterfly's ease of use and designer layouts to your bulk photo book creation. Please read these Terms and Conditions carefully. These Terms and Conditions are between Shutterfly, Inc. ("we", "us", or "Shutterfly") and you ("you") and govern our respective rights and obligations under the Bulk Photo Book Program.

These Bulk Photo Book Program Terms and Conditions, together with our general Terms and Conditions (located at http://www.shutterfly.com/help/terms.jsp) and our Privacy Policy (located at http://www.shutterfly.com/help/privacy.jsp) which are incorporated by reference, apply to your participation in the Bulk Photo Book Program. If you register for the Bulk Photo Book Program, you accept these Terms and Conditions. The Bulk Photo Book Program may not be available in your area.

Prepayment

Because of the nature of the product and size of typical bulk photo book orders, we must ask that you prepay for the number of bulk photo books you wish to order. Credit card payment is preferred. However, if you wish to pay by check, please contact our Customer Service department at 1-888-654-0147 or bulkbooks@cs.shutterfly.com.

Once we receive your prepayment, we will convert that prepayment into bulk photo book, shipping, Storytelling Collection, and additional page (if applicable) credits in your account. By "bulk photo book" credits, we mean a credit equal to the number of bulk photo books for which you paid. For example, if you pay for 100 8"x8" 20-page bulk photo books, you will receive a bulk photo book credit for 100 8"x8" 20-page bulk photo books. By "shipping" credits, we mean that you will receive three economy shipping credits (only for orders shipped within the US). This process can take up to 3 business days after we receive your prepayment. Please plan to make your payment ahead of when you will be ready to order.

Shutterfly promotional offers, discounts, and credits do not apply to your prepayment.

Canadian Orders

If you require shipment to Canada, please contact our Customer Service department at 1-888-654-0147 or bulkbooks@cs.shutterfly.com prior to prepayment as we cannot process Canadian bulk photo book orders online at this time. Prepayments for Canadian bulk book orders will receive one standard international shipping credit.

No Refunds

Your bulk photo book credits are valid for two years from the date of purchase. Refunds of your bulk photo book credits are not available. Any unused bulk photo book credits will remain in your account, available for future use for two years from the date of purchase. However, once you have used all of your bulk photo book credits, any unused shipping, Storytelling Collection, and additional page (if applicable) credits will be removed from your account.

Tax-Exempt Orders in the U.S.

All orders placed in the U.S. are subject to sales tax. Shutterfly charges sales tax according to the ship-to location. If your organization is eligible for a sales tax exemption, in order to remove the sales tax from your order, please send us a copy of a sales tax exemption certificate (fax to 650-362-9308 or email to bulkbooks@cs.shutterfly.com) prior to submitting your prepayment. A separate Shutterfly account must be created for your organization's orders only. Please be sure to include a note indicating the email address associated with your organization's Shutterfly account, as well as your contact information. The sales tax exemption certificate must be from the state to which your bulk photo books will be shipped. A tax ID number and letters from the IRS exempting you from federal tax do not qualify as sales tax exemption certificates. Verifying your status can take 5 to 7 business days, so please plan to provide this documentation well ahead of submitting your prepayment. Sales tax exemption on your organization's account must be processed prior to your prepayment, as we are not able to refund tax after you have submitted your payment. Full tax exempt requirements can be found here: http://shutterfly-2.custhelp.com/app/answers/detail/a_id/1175. If you have any questions regarding this process, please contact our Customer Service department at 1-888-654-0147 or bulkbooks@cs.shutterfly.com.

Proofing Your Bulk Photo Books

Shutterfly is not responsible or liable for any errors contained in the final product that were not a printing error. When you create your bulk photo book, you are responsible for proofing it carefully to ensure that there are no errors (misspelled names, wrong captions, poor picture quality, etc.). Up until you place your final order, you will be able to make as many changes as you wish to ensure that your bulk photo book is beautiful and error free. Once you are satisfied with your finished bulk photo book and place your order, the sale is final. If Shutterfly is responsible for any errors in printing, Shutterfly will reprint the bulk photo book at no cost to you.

Ordering Your Bulk Photo Books

After submitting your prepayment, confirming that the credits have been inserted into your account, and proofing your bulk photo books, you will still need to go into your account and place your bulk photo book order online at www.shutterfly.com when you are ready.

Your bulk photo book, shipping, Storytelling Collection, and additional page (if applicable) credits will automatically apply to the bulk photo books you order. If you do not wish to use such credits on an order, you can de-select the credits on the "My Special Offers & Discounts" page on www.shutterfly.com.

Delivery

Once you place your bulk photo book order, please allow two weeks for printing and shipping. Expedited orders are not available. Tracking will be available for your order once it is enroute on the "Order History" page (http://www.shutterfly.com/account/orderhistory.jsp) of the website.

Bulk photo books can only be shipped to U.S. addresses and cannot be shipped to P.O. boxes. Bulk photo books are shipped in bulk; additional charges will apply to any additional shipments you request beyond the initial bulk shipment.

Changes of Terms and Conditions

Shutterfly may, in its sole discretion, and without notice modify these Bulk Photo Book Program Terms and Conditions. You agree that it is your sole responsibility to review updated Bulk Photo Book Program Terms and Conditions posted by us at www.shutterfly.com. If any such change is found to be invalid or unenforceable, it is severable and does not affect the validity and enforceability of any remaining changes or any remaining terms and conditions.

Termination by Us

Shutterfly may terminate your participation in the Bulk Photo Book Program if you violate these Bulk Photo Book Program Terms and Conditions, terms and conditions of any other services offered by us, or any applicable law, or if your use of our services or the Bulk Photo Book Program is determined, in our discretion, to involve fraud or misuse. Our failure to enforce our termination rights for any such conduct shall not be deemed a waiver of our termination rights.

Indemnification

You are solely responsible for the content of your bulk photo books and obtaining all the permissions necessary to include the content in your bulk photo books. You agree to indemnify, defend and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from (i) your violation of these Bulk Photo Book Program Terms and Conditions, terms and conditions of any other services offered by us, or any applicable law, or (ii) any activity related to access to or use of your account (including, without limitation, negligent or wrongful conduct) by you or any other person.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER SHUTTERFLY NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE "SHUTTERFLY PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE SHUTTERFLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO THE BULK PHOTO BOOK PROGRAM OR THE PROVISION OF PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SHUTTERFLY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE SHUTTERFLY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO BULK PHOTO BOOKS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE SHUTTERFLY PARTIES ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.