Digital Image Delivery Service
Terms of Service

This Digital Image Delivery Service ("Service") is brought to you by Lifetouch
National School Studios Inc. ("Lifetouch") on behalf of the school, sports league,
association or other organization that has engaged Lifetouch to provide portrait-
related products and services (the "Organization").
By accepting these Terms of Service and using or downloading images or other
information from this Service, you represent and warrant (i) that you are an
authorized representative or member of the Organization (a "User"); (ii) that you
received authorization to use the Service from the organization's designated
administrator and you are authorized to bind the organization to the legal
agreement that results from your acceptance of these Terms of Service; (iii) that you
have read and understood these Terms of Service and agree to be bound by them;
and (iv) that you will use the Service in a manner consistent with all applicable state
and federal laws, regulations, organization policies and these Terms of Service.

GRANT OF LICENSE. This is a license agreement and not a sale or assignment of
copyright. Lifetouch grants to the Organization and its authorized Users the
nonexclusive license to access, download and use the Lifetouch Sports digital image(s)
associated with this account ("Licensed Images") solely for the Organization's legal,
noncommercial and administrative needs and publications (the "Permitted Use"). The
Permitted Use shall include inclusion of the Licensed Images in Organization-sponsored
publications, programs and promotional materials and submission to local media for
coverage of Organization-relevant news and events, subject to the Restrictions noted
below. The Licensed Images may not be sold or used to create products for sale. The
Licensed Images are proprietary to Lifetouch and protected by U.S. and international
copyright law. All rights reserved.

RESTRICTIONS. Organization may not use any Licensed Image in any manner, or in
connection with any material, that is unlawful, defamatory, obscene, pornographic or that
infringes any trade or service marks, rights of privacy or publicity, or other rights of third
parties. Organization acknowledges and agrees that (a) use of a Licensed Image may
require release by or written permission of the individual(s) whose images are contained
therein (the "Subject"); (b) if the Subject is a minor child, written permission may be
required from the parent of the Subject; and (c) Organization is solely responsible for
obtaining such permissions. Except in connection with the Permitted Use, the Licensed
Images may not be copied, reproduced, sublicensed or transferred in whole or in part or
in any manner nor altered, merged, manipulated, modified, translated, adapted,
disassembled, decompiled or reverse engineered in any way. Organization shall not use
the Service in any manner that is likely to cause harm to Lifetouch or anyone else's
computer systems, or allow unauthorized access to the Service, which may cause any
defect, error, malicious code, malfunction or corruption to the Service.

TERMINATION OF LICENSE. This License will terminate if Organization fails to
comply with any of the terms of the License Agreement. Upon termination, Organization
must securely destroy all Licensed Images and text files from any storage devices
containing them.

SECURITY OF LICENSED IMAGES. Organization acknowledges and agrees that
Organization will maintain the Licensed Images under secure conditions, with limited,
restricted access. After delivery of the Licensed Images to Organization, Organization is
responsible for (a) the security, possession and use of the Licensed Images; and (b)
ensuring that any individuals with whom Organization shares or to whom Organization
permits access to the Licensed Images ("Other Users") are aware of and comply with the
terms and conditions of this Agreement. Organization will indemnify and hold harmless
Lifetouch and its affiliated companies and each of their directors, officers, employees,
agents and assigns from and against any claims, liabilities, damages, costs and expenses,
including reasonable legal fees, arising from or relating to use or misuse of the Licensed
Images or any breach of the terms and conditions of this Agreement by Organization or
its Users.

SERVICE LIMITATIONS: LIFETOUCH DOES NOT REPRESENT OR WARRANT THAT SERVICES
WILL NEVER BE SUSPENDED, RELOCATED, MODIFIED, TERMINATED, OR TEMPORARILY
UNAVAILABLE. FROM TIME TO TIME, LIFETOUCH MAY TEMPORARILY SUSPEND THE SERVICE
WITHOUT ADVANCE NOTICE TO ORGANIZATION FOR THE PURPOSE OF ADMINISTRATION,
MAINTENANCE AND SECURITY. LIFETOUCH RESERVES THE RIGHT TO SUSPEND ANY AND ALL
SERVICES WITHOUT NOTICE IN THE EVENT OF A VIOLATION OF THESE TERMS OF SERVICE.
NO WARRANTY. THIS SERVICE AND THE LICENSED IMAGES, DATA AND ANY OTHER MATERIALS
ACCESSIBLE VIA THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR REPRESENTATION
WITH RESPECT THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF ACCURACY, QUALITY, PERFORMANCE, MERCHANTABILITY, ABILITY TO ACHIEVE PARTICULAR
RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL LIFETOUCH, ITS PARENT
COMPANY, AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR
LOST PROFITS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE, MISUSE OR INABILITY TO ACCESS, DOWNLOAD OR USE THE LICENSED IMAGES, OR FOR IMAGE
QUALITY, INACCURATE TEXT OR TECHNICAL PROBLEMS, EVEN IF LIFETOUCH KNEW OF THE POSSIBILITY
OF SUCH DAMAGES. LIFETOUCH'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH
ORGANIZATION'S USE OF OR INABILITY TO USE THE LICENSED IMAGES (WHETHER IN CONTRACT, TORT
OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE FEE PAID BY
ORGANIZATION FOR THE LICENSED IMAGES (OR, IF NO FEE WAS PAID, ONE HUNDRED DOLLARS
($100.00).

GENERAL. Lifetouch retains all rights not expressly granted. Nothing in this Agreement
constitutes a waiver of Lifetouch's rights under the U.S. or international copyright laws or
any federal, state or provincial law. This agreement shall be governed and construed under
the laws of the state of Minnesota.

QUESTIONS. Call 1-800- 598-2466 or write to Lifetouch National School Studios Inc.
11000 Viking Drive, Eden Prairie, MN 55344, Attention: Operations and Technical
Support.
