Terms of Use
Welcome to the StudioBalfour web site (the “Web Site”), which is owned by Commemorative Brands, Inc., a Texas Corporation (“We,” “Us,” or “Our”). You have requested access to the Web Site. Please carefully read the following terms and conditions of use of the Web Site (these “Terms of Use”). We may amend these Terms of Use at any time without specific notice to you. The most recent form of these Terms of Use will be posted at all times on the Web Site, and you should review these Terms of Use each time upon visiting or using the Web Site. You agree that each time you enter or use the Web Site, you accept and comply with, and agree to be bound by, these Terms of Use, as modified. Please note that other portions of the Web Site may contain additional and/or different terms and conditions of use.
Conduct
Responsibility. You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (the “End User Content”) that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Web Site. We do not control or necessarily screen or monitor the End User Content posted on the Web Site and, as such, we do not guarantee the accuracy, integrity, or quality of such End User Content. We reserve the right, in Our sole and absolute discretion, to edit, delete, or record any End User Content appearing on the Web Site. You understand that entering or using the Web Site may expose you to End User Content that is offensive, indecent, or objectionable to you.
Prohibited Acts. In connection with your access to, and/or use of, the Web Site, you agree not to:
Upload, post, email, or otherwise transmit any material that contains “trojan horses,” “worms,” software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Use any automated means, including, but not limited to, electronic “spiders,” “robots,” or “crawlers,” to download data from any of Our databases;
Sell or otherwise distribute any data obtained from any of Our databases or from Our Web Site; or
Incorporate data from any of Our databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without Our prior, express, and written consent.
User Representations. You represent and warrant that (a) you are at least 18 years of age or have parental permission to use Our website, (b) your use of the Web Site is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Web Site, (c) all information (if any) provided by you to Us is correct, (d) you possess the legal right and ability to enter into these Terms of Use, (e) your use of the Web Site shall be in accordance with these Terms of Use, and (f) your use of the Web Site shall be in accordance with all applicable laws and regulations.
A user name or password is required to use the Web Site, and by using a user name or password you further represent and warrant that (a) the user name and password that you are using are those assigned to you by Us and your employer (if applicable), which password you may modify at any time following Our original assignment, (b) you will not disclose your user name or password to anyone, except to other employees as directed by your employer (if applicable), (c) you will use your user name and password only as instructed by your employer (if applicable) and in accordance with these Terms of Use, and (d) you will log off the Web Site when you cease to be physically present at the computer where you logged on to the Web Site.
Access
We reserve the right in our sole and absolute discretion to terminate, modify, or suspend your access to the Web Site at any time (for any reason, or for no reason). In particular, and without limitation, We may terminate, modify, or suspend your access to the Web Site upon your non-compliance with these Terms of Use or if you violate Our rights or the rights of any other party.
Intellectual Property Rights
Ownership. The Web Site and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, and other matters related to the Web Site (“Our Content”) are the exclusive property of Us and Our licensors and are protected under applicable copyright, trademark, and other proprietary rights laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of Our Content is strictly prohibited. You do not acquire any ownership rights to any of Our Content through your access to, or use of, the Web Site.
Trademarks. Balfour, Commemorative Brands, American Achievement Corporation, Taylor Publishing are Our trademarks and registered trademarks. Other products or company names mentioned on the Web Site may be trademarks of their respective owners.
Limited Right to Use. We grant you a limited, nonexclusive, non-transferable license to view, print, download, and use the Web Site and Our Content solely for your internal business purposes. You may not reproduce, republish, distribute, assign, sub-license, sell, or prepare derivative works of the Web Site or Our Content. All rights in and to the Web Site and Our Content not expressly granted in this paragraph remain in Us and Our licensors.
Indemnification
You shall indemnify, defend, and hold Us and Our owners, directors, officers, partners, employees, agents, information providers, suppliers, attorneys, and affiliates (collectively, “Our Affiliated Parties”) harmless from any liability, loss, claim, or expense, including, but not limited to, reasonable attorney’s fees, related to your (a) failure to comply with any of these Terms and Conditions or (b) use of the Web Site. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms and Conditions or the Web Site.
Disclaimers
THE INFORMATION AND SERVICES PROVIDED THROUGH THE WEB SITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEB SITE OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICES FROM OR REGARDING THE WEB SITE OR YOUR PURCHASES FROM US.
Limitation of Liability
OUR AFFILIATED PARTIES AND WE SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATED TO THE WEB SITE. OUR AFFILIATED PARTIES AND WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY, TOGETHER WITH OUR AFFILIATED PARTIES, EXCEED $100.00.
Links
The Web Site may contain links to other web sites. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and We do not investigate, monitor, or check such web sites for accuracy or completeness. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by Us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk. You may only make available links on other web sites to the Web Site if such links connect directly to Our home page located at https://studio.balfour.com. You may deep-link (that is, link to other pages within the Web Site) only with Our prior consent.
Google Drive
Studio Balfour uses Google Drive to upload only portraits and photos(image files), making the data exclusively available for each specific project in the Encore application.
Miscellaneous
These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, without regard to Texas’ conflicts of law principles. Any cause of action by you with respect to the Web Site must be instituted within two years after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, these Terms of Use shall be brought solely in a federal or state court of competent jurisdiction located in Dallas County, Texas. The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Our waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by Us of any subsequent breach by you.
Privacy Policy
We are committed to maintaining the privacy and security of your personally identifiable information as you visit the Web Site. This privacy policy defines Our commitment to protect the personally identifiable information We collect, use, or disclose through the Web Site (this “Privacy Policy”). Please carefully read this Privacy Policy. This Privacy Policy is incorporated into, and made a part of, the Terms of Use.
We may amend this Privacy Policy at any time without specific notice to you. The most recent form of this Privacy Policy will be posted at all times on the Web Site, and you should review this Privacy Policy each time upon visiting or using the Web Site. You agree that each time you enter or use the Web Site, you accept and comply with, and agree to be bound by, this Privacy Policy, as modified.
Information We Collect
Throughout the Web Site, you may voluntarily submit information that personally identifies you (the “Personally Identifiable Information”). For example, We may ask you to voluntarily submit Personally Identifiable Information, if you request information regarding Our products and services, or request access to certain parts of the Web Site. Personally Identifiable Information includes, but is not limited to, your (a) name, (b) company’s name, (c) department, (d) physical address, (e) phone number, (f) fax number, (g) e-mail address, (h) billing information, (i) status of service requests, (j) viewing preferences, and (k) product interests and comments.
To help Us tailor the Web Site to the needs and interests of Our visitors, We may collect various types of information from you that do not identify you personally (the “Non-Personally Identifiable Information”). For example, when you visit the Web Site, Our server, through the use of tracking devices, may collect Non-Personally Identifiable Information pertaining to you, including your IP address, the length of time you spend on the Web Site, which pages you visited within Our Web Site, which site you visited before coming to Ours, and which site you accessed when you left the Web Site.
Balfour Biometric Information Policy
Purpose
Balfour produces yearbooks and offers associated products and services. Balfour offers a feature that can identify where a student appears in the yearbook, to better inform family purchase decisions. To enable this feature, with consent by parents or guardians, Balfour collects student’s images and shares them with its vendor Amazon Web Services (AWS). AWS will use its Rekognition tool for facial recognition using biometric information derived from those images.
Policy
Our policy is to protect and store biometric information in accordance with applicable laws and regulations, including, but not limited to, the Illinois Biometric Information Privacy Act.
Retention and Destruction of Biometric Information
We will permanently destroy biometric information from our systems, or the systems used by our vendor(s), within a reasonable time. In any event, we will destroy the biometric information within three years of your last interaction with Balfour.
What We Do With the Information We Collect
We will only release Personally Identifiable Information (a) as required by law, (b) to protect and defend Our rights or properties, (c) to protect your personal safety and the personal safety of Our users and the public in general (whether in emergency situations or otherwise), (d) to third parties to maintain and/or operate the Web Site, (e) to Our business partners that provide services selected by you prior to release, (f) to Our affiliates, (g) to process your purchase from Us of items or services on, or in connection with, the Web Site, (h) to fulfill your service requests, (i) to provide you with information on products, specials, newsletters, and other services We provide, and/or (j) to enforce the terms and conditions of this Privacy Policy or the Terms of Use.
We aggregate the Non-Personally Identifiable Information with information collected from other visitors of the Web Site to track overall visitor traffic patterns. This aggregated information allows Us to develop statistics that are helpful to understanding how Our visitors use the Web Site. We use this aggregated information to monitor, maintain, and improve the functionality of the Web Site, making it more responsive to the needs of Our visitors. We may also use the Non-Personally Identifiable Information for historical, statistical, scientific, or other purposes. We reserve the right to use, sell, and assign for any and all purposes all Non-Personally Identifiable Information; and you authorize Us to use, sell, and assign, for any and all purposes, all Non-Personally Identifiable Information.
Security
We place the highest priority on protecting your Personally Identifiable Information and take commercially reasonable measures to secure and protect your Personally Identifiable Information. However, We cannot guarantee that any electronic commerce is totally secure. For example, even though We will not release your Personally Identifiable Information without your consent or except as otherwise expressly stated in this Privacy Policy, We have no control over the information collected by your Internet service provider or your employer (if the Web Site is made available to you through your employer or if you send Us Personally Identifiable Information through your employer-provided email account), or information that you disclose in a public forum. Any such third party that collects your Personally Identifiable Information may use the information in accordance with its terms and conditions of use (and related privacy policies), which may be different from this Privacy Policy. We are not responsible for any information collected by such third parties and/or how such information is used or maintained. Neither any third party nor We have the authority to make any representations or commitments on behalf of the other.
Cookies
We reserve the right to place a text file called a “cookie” (or a piece of information transferred to your hard disk for record keeping purposes) in the browser files of your computer. The cookie itself does not contain information that would personally identify you, although it could enable Us to relate your use of the Web Site to information that you have specifically and knowingly provided to the Web Site.
Unsubscribing and Opting-Out
If you have opted-in to receive status updates regarding a product or service you have purchased or requested from Us, you may opt-out, at any time, from receiving any such status update by selecting the appropriate option on the informational page for such product or service located on the Web Site.
Access
We will maintain procedures consistent with applicable law for you to gain access to your Personally Identifiable Information and, when appropriate, correct, change, or delete any such Personally Identifiable Information.
Children’s Policy
We do not intend to collect any Personally Identifiable Information from children through the Web Site without written consent from their legal guardian, including but not limited to: a letter, fax, or email. Please do not allow children under the age of 13 to provide any Personally Identifiable Information, ask questions, or submit such information via the Web Site without consent of their legal guardian. If We determine that a child under 13 has provided Personally Identifiable Information without consent of their legal guardian, We will delete that Personally Identifiable Information as soon as practicable. By creating an account for a child under the age of 13, or an account where Personally Identifiable Information has not been directly verified, such as by email, you assume all responsibility for the actions or in-actions of the user and are considered the account holder. In doing so, you agree to hold Commemorative Brands, its employees, associates, affiliates harmless under the Indemnification section found in these Terms. If you become aware that a child under 13 has provided Personally Identifiable Information improperly, please contact us at:
Commemorative Brands, Inc.Attn: Manager of Online Content and Design
7211 Circle S. Road
Austin, TX 78745
If you are aware of any violations of these policies or if you have any questions or comments regarding these Terms of Use, please contact us at:
Commemorative Brands, Inc.Attn: Manager of Online Content and Design
7211 Circle S. Road
Austin, TX 78745