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RitzPix.com Terms and Conditions of Use


CAREFULLY READ THESE TERMS OF USE (THE “TERMS OF USE”) AND THE RITZPIX.COM PRIVACY STATEMENT (THE “PRIVACY STATEMENT”) BEFORE USING THE SITE (DEFINED BELOW).


These Terms of Use govern your access to and use of the website located at www.ritzpix.com (the “Site”) and all products and services provided via the Site. The Site is owned and operated by Ritz Camera & Image, LLC and its subsidiaries (collectively "RitzPix.com," “we” or “us”). In addition to these Terms of Use, specific pages on the Site may set out additional terms and conditions (“Additional Terms”), all of which are incorporated by reference into these Terms of Use. In the event Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.


YOUR USE OF THE SITE INDICATES YOUR (I) AGREEMENT TO BE BOUND BY THESE TERMS OF USE, (II) ACKNOWLEDGEMENT AND AGREEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE SITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY STATEMENT, AND (III) ACKNOWLEDGEMENT AND AGREEMENT THAT ADDITIONAL TERMS MAY APPLY.


RitzPix.com reserves the right, in our sole discretion, to revise, change, or modify (cumulatively “Revisions”) these Terms of Use at any time upon advance notice to you. We may notify you of such Revisions to these Terms of Use in any manner we choose that complies with law, including, but not limited to by posting a notice of such changes on the Site. Your continued use of the Site following our notice to you of Revisions to these Terms of Use signifies your agreement to be bound by the revised Terms of Use.


IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS/USE THE SITE OR THE SERVICE (AS HEREINAFTER DEFINED).


These Terms of Use were last updated in June 2010.


GENERAL PROPRIETARY RIGHTS AND TERRITORY


RitzPix.com, our licensors, including our Members (as hereinafter defined), or other third parties own all content submitted through, appearing on or otherwise available via the Site (“Content”), including but not limited to all text, trademarks, service marks, trade names, logos, icons, domain names, written material, downloadable material, photographs, artwork, computer code, look and feel, trade dress, technical information and advertisements. Such Content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by its owner. You may not remove, obscure or otherwise deface proprietary notices appearing in any Content, including copyright, trademark and other intellectual property notices.


The Site and the Service may be accessed and used only from various locations throughout the world; however,. access to and use of the Site and the Service may be inappropriate, prohibited or restricted in countries outside the USA. We make no warranty or representations that the Site or the Service are appropriate or available for use or sale outside of the USA. If you access/use the Site or the Service from outside the USA, you do so at your own risk and are responsible for complying with US laws and the laws and regulations of the territory from which you access/use the Site or the Service. By using the Site and the Service, you acknowledge and agree that any problem, dispute or disagreement arising from or related to your use of the Site or the Service shall be governed by the laws of the United States and the State of Maryland as set forth below in the Section entitled “OTHER.


USE OF THE SERVICE AND MEMBERSHIP


Users of all ages are welcome to browse the Site; however, you may only establish a membership account with us (a “Membership”) and become a member of the Site (each a “Member”) if you are 13 years of age or over.. RitzPix.com provides Members several online services, including, without limitation, a way to share, store and transmit Content, including photographs, albums, image files, creative material, communications, links, and comments. All services available on the Site shall be collectively referred to herein as the “Service”. All Content that is provided or otherwise made available on or through the Site by Members shall be referred to herein as “Submitted Content.” RitzPix.com reserves the right to suspend or discontinue the Service at any time for any reason.


PHOTO STORAGE


As part of the Service, Members have the ability to upload and store digital photos on the Site, pursuant to these Terms of Use, as well as to have print copies or other photo products made either at a RitzPix.com retail location or delivered by mail as requested or appropriate, along with other special offers RitzPix.com may make to Members from time to time. Costs associated with print copies or photo products, delivered by mail or for store pick-up will require a credit card. A condition of the storage of Member photos is "Active Participation" in the Service. Active Participation is defined as logging-in to your Membership account at least once every six (6) months (no purchase required). Subject to these Terms of Use, as long as a Member is an Active Participant in the Service, RitzPix.com will offer free, unlimited storage, for non-commercial purposes, of any digital photos uploaded to the Site by such Member. If your Membership is inactive for a period of over six (6) months, RitzPix.com may remove and discard any of your Submitted Content, including all photographs, information, communications, postings, albums, image files or any other content within the Service. RitzPix.com may terminate your Membership any time for any reason, including, without limitation, for any activity that in the sole opinion of RitzPix.com or the host of the Site, LifePics, Inc. (the “Site Host”) constitutes an abuse of your Membership or a violation of these Terms of Use.


CONDUCT AND CONTENT


(a) Users of the Service, whether or not Members, may not use the Service to store, share or transmit Prohibited Content. Generally, Prohibited Content includes Submitted Content or other material that RitzPix.com believes:


  • misrepresent(s) your or any third party’s identity, affiliation or connection with a person or entity;
  • imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;
  • contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
  • promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;
  • is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
  • contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing the following: excessive violence, nudity, obscenity, sexual explicitness, and harassing content; or
  • contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines.

(b) RitzPix.com has the sole discretion to determine whether Submitted Content is Prohibited Content, and all Submitted Content shall be subject to review and examination from time to time. RitzPix.com may delete, move, and edit any Submitted Content for any reason, at any time, without notice.


(c) Any Submitted Content discovered on the Site that is deemed in the sole discretion of RitzPix.com to be in violation of Title 18 of the United States Code, Sections 2251 et seq. shall be immediately reported and disclosed to appropriate law enforcement agencies.


(d) By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.


(e) RitzPix.com does not independently verify any Content appearing on or accessed through the Site that has been provided by third parties (such third parties “Content Providers”), including, but not limited to, Content provided by third parties having an agreement with us to provide content for or to be accessed through the Site or Content provided by third parties not having an agreement with us to provide content for or to be accessed through the Site. RITZPIX.COM DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT APPEARING ON OR ACCESSED THROUGH THE SITE (INCLUDING THAT CONTENT PROVIDED DIRECTLY BY US) IS ACCURATE, COMPLETE, TRUTHFUL, OR NON-OBJECTIONABLE. We do, however, take reasonable efforts to ensure Content prepared directly by us, including but not limited to product and services descriptions, is accurate, timely and complete.


NO RESALE OF SERVICE


You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.


NOTE ABOUT PRICING


RitzPix.com makes every effort to provide accurate information about products and their pricing on the Site; however, incorrect pricing and/or typographical mistakes may, on rare occasions, appear on RitzPix.com. For this reason, RitzPix.com cannot guarantee the price of an item until after you have ordered it. In the event an item appears with an incorrect price or with inaccurate product information, RitzPix.com reserves the right to cancel any orders for the item. If an order you placed is cancelled due to mispricing, RitzPix.com will notify you of the cancellation. Prices and availability are subject to change without notice. Digicard prices per print are subject to rounding.


NOTE ABOUT QUANTITY LIMITS


RitzPix.com reserves the right to set quantity-per-order limits on any and all items sold on RitzPix.com. RitzPix.com may also limit the item quantity available to any single person or household over a given period of time. These restrictions may be applied to orders using the same credit card or billing or shipping address.


1 HOUR OR FREE 4x6 TERMS AND CONDITIONS


RitzPix.com guarantees that all 4x6 digital print orders placed on RitzPix.com shall be ready for pick up within one (1) hour or less or the order will be free, subject to the following terms and conditions:


  • (a) This guarantee applies only to 4x6 digital print orders placed on Ritzpix.com.
  • (b) Orders are limited to 75 digital prints per order.
  • (c) Mixed orders are not guaranteed. Example: orders containing 4x6 prints and any other print sizes or products.
  • (d) Limited to one order per customer per hour.
  • (e) Big Print You sizes are not applicable to this guarantee.
  • (f) Your order email confirmation has your official "timestamp" printed on the bottom of the page. Please print and bring with you for order pick up.
  • (g) If a digicard is used for payment and your order is late and you are due a refund/credit the corresponding prints will be credited into your Ritzpix.com account.
  • (h) If a credit card is used for payment and your order is not available to be picked up within the guaranteed time, a credit will be posted to the original card used for the transaction.
  • (i) Orders placed during periods of network failure (DSL) or machinery malfunction do not qualify for the guarantee.
  • (j) Orders placed when store is closed or 59 minutes before closing are guaranteed to be ready one hour after opening time of the store designated for pick up.

RITZPIX FREQUENT FOTO IMAGE REWARDS CLUB


These Terms and Conditions (the “Program Rules”) govern the RitzPix Frequent Foto Image Rewards Club (the “Club”) and the individuals that participate in the Club (the “Members”).

  1. The Club is operated by Ritz Camera & Image, LLC (“Ritz Camera”).
  2. In order to become a Member of the Club, the applicant must pay a membership fee (the “Membership Fee”) and agree to these Terms and Conditions. The Membership Fee is due at the time that the Member first joins the Club, and entitles the Member to membership in the Club (the “Membership”) for one (1) “Membership Year”. A “Membership Year” is hereby defined as the time period commencing on the date the Membership Fee is paid and continuing for one year.
  3. The Member may extend his or her Membership at any time by paying an additional Membership Fee prior to expiration of the Membership. Upon such payment, the Membership shall be extended by one (1) calendar year.
  4. Ritz Camera may change the amount of the Membership Fee at any time.
  5. Ritz Camera shall issue to the Member a membership card (the “Membership Card”). Ritz Camera may charge the Member a replacement fee if the Membership Card is lost or stolen.
  6. The Member shall receive credits for purchases of RitzPix Imaging services (“Credits”). The Credits shall be equal to ten percent (10%) of the total purchase price of the RitzPix Imaging services (not including any applicable taxes, and after any other discounts are applied). The Credits may be redeemed by the Member only for RitzPix Imaging services and products, and only while the Membership is in effect or a period of six (6) months after the Membership has been terminated. The Credits may not be redeemed for cash or any other product or service at a Ritz Camera store or at RitzPix.com, and the Credits have no cash value and may not be transferred to or used by any person other than Member. The card must be presented to redeem credits at a Ritz Camera store.
  7. The Member may receive other benefits from Membership from time to time, including special pricing and discounts on RitzPix products and services.
  8. The Member shall provide Ritz Camera with a valid e-mail address for contacting the Member. Ritz Camera shall be entitled to use such address to e-mail to the Member special offers, discounts and promotions from time to time. Ritz Camera has a firm commitment to safeguarding the privacy of our Members. Please reference RitzPix.com for a statement of Ritz Camera’s Privacy Policy.
  9. Ritz Camera reserves the right to unilaterally change these Terms and Conditions of Membership at any time by posting such changes at www.RitzPix.com. Any changes to these Terms and Conditions are effective when Ritz Camera posts such changes on www.RitzPix.com.
  10. The Member must pay all federal, state, and local taxes, fees, and other assessments that are imposed on all transactions related to this Agreement.
  11. RITZ CAMERA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO MEMBER IN CONNECTION WITH THE CLUB. IN NO EVENT SHALL RITZ CAMERA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW.
  12. Ritz Camera reserves the right to transfer or assign any of its duties or obligations in connection with the Club (including the entire operation of the Club), including without limitation any obligation related to unused Credits, at any time. Upon any such assignment, Ritz Camera shall be released from all obligations to the Member. The Member may not assign or transfer this Agreement, or resell the Membership, or the Membership Card or any Credit or other Membership benefits associated therewith, without the prior written consent of Ritz Camera.
  13. These Terms and Conditions shall be governed by the laws of the State of Maryland.
  14. The Member agrees to submit any dispute or claim arising out of his or her Membership in the Club to binding arbitration. The Member and Ritz Camera agree to waive any right to class actions or class action arbitration, and agree that any dispute or claim will be resolved only through individual arbitration. The Member agrees to waive any right to pursue any claim on a class or consolidated basis, whether through arbitration or otherwise.

RITZPIX NETWORK MEMBERSHIP PROGRAM


The undersigned (“Member”) and Ritz Camera & Image, LLC (“Ritz Camera”) enter into this RitzPix Network Membership Agreement (“Agreement”) on the date shown below. As a Member of the RitzPix Network, Member shall receive certain benefits as described in the attached RitzPix Network Membership Plan Description (the “Plan Description”) in consideration for the membership fee (the “Membership Fee”) set forth in the Plan Description (“Program”).


Member understands and agrees to the following:


The Membership shall continue for a minimum term of one (1) “Membership Year”. A “Membership Year” is hereby defined as the time period commencing on the date shown below and continuing for twelve (12) full calendar months; provided, that if the date shown below is other than the first day of the month, the Membership Year shall include twelve (12) full calendar months from the 1st day of the next occurring calendar month. The term shall be automatically renewed on a month to month basis at the expiration of the first Membership Year, and shall continue until cancelled by Member.


There is a cancellation fee (“Cancellation Fee”) as described in the Plan Description if Member shall cancel his/her Membership prior to the expiration of the first Membership Year.


The Member’s credit card as submitted by Member on the Plan Description (the “Member’s Credit Card”) will be charged by Ritz Camera each month for the Membership Fee, as described in the Plan Description and for the Cancellation Fee, if applicable; provided, however, if the Member shall choose to prepay the full year Membership Fee, then the full year Membership Fee shall be charged to the Member’s Credit Card on the date below. If Member’s Credit Card cannot be charged for any reason for a particular month, then Member shall be responsible for payment of the Membership Fee in some other form to Ritz Camera on or before the first day of such month.


Member shall be issued a RitzPix Membership Card (the “Membership Card”) on the date shown below. On the first day of each month during the term of Membership, the Membership Card will be automatically loaded with a monthly imaging electronic coupon in the amount specified in the Plan Description (the “Monthly E-Coupon”); provided, however, that in order to be valid, such Monthly E-Coupon must be used by the Member within two (3) months after the date the E-coupon is loaded onto the Membership Card; and provided, further, that the initial Monthly E-Coupon on the Membership Card shall be placed on such card on the date shown below and, in order to be valid, must be used within two (3) months after the 1st day of the next calendar month (unless the date below is the 1st day of the calendar month, in which case the Monthly E-Coupon must be used within two (3) months after such date). Any Monthly E-Coupon on the Membership Card that is not used within the time periods specified above shall not be valid. The Monthly E-Coupon may be used by Member at any Ritz Camera store or at RitzPix.com, only for the purchase of Imaging Products, as defined in the Plan Description. To redeem the Monthly E-Coupon, Member must merely present his or her Membership Card when purchasing the Imaging Products and the Monthly E-Coupon will automatically be applied. No minimum purchase of Imaging Products is required in order to redeem a Monthly E-Coupon. The Monthly E-Coupon may not be redeemed for cash or any other product or service at a Ritz Camera store or at RitzPix.com, and the Monthly E-Coupon has no cash value and may not be transferred to or used by any person other than Member or any Authorized User of the Membership Card, as defined below.


The information provided by Member on the Plan Description will be relied upon by Ritz Camera as accurate, true and complete, and Member hereby warrants and represents that such information is true and complete. By providing Ritz Camera with Member’s email address, Member agrees to Ritz Camera using such address to email Member the Membership Newsletter. Ritz Camera has a firm commitment to safeguarding the privacy of our Members. Please reference RitzPix.com for a statement of Ritz Camera’s Privacy Policy.


Ritz Camera may charge Member a replacement fee for lost Membership Cards, in an amount set forth in the Plan Description.


Ritz Camera reserves the right to unilaterally change the Terms and Conditions of Membership at any time by posting such changes at www.RitzPix.com.


Any changes to this Agreement are effective when Ritz Camera posts such changes on www.RitzPix.com.


Ritz Camera may require Member to update the Plan Description information from time to time.


In the event of collection action by Ritz Camera for non-payment, Member acknowledges that Ritz Camera may provide payment history and other billing/charge information to a credit-reporting agency for inclusion in Member’s records maintained by such credit reporting agency.


Member hereby authorizes Ritz Camera to charge the Member’s Credit Card for the Membership Fees for the Term of this Agreement. Member shall promptly notify Ritz Camera of any changes to the credit card information provided by Member on the Plan Description.


If Ritz Camera obtains the services of a collection agency to collect any amount due under this Agreement, Member shall be liable for this expense, and Ritz Camera shall be entitled to collect such amount from Member. Member understands that in the event of nonpayment of amounts due, or any other breach of this Agreement, in addition to any other remedies Ritz Camera may have, Ritz Camera has the right to charge Member the Cancellation Fee and may terminate the use of the Membership Card.


Member must pay all federal, state, and local taxes, fees, and other assessments that are imposed on all transactions related to this Agreement.


RITZ CAMERA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO MEMBER IN CONNECTION WITH ITS USE OF THE SERVICES OR THE PRODUCTS SOLD IN CONJUNCTION WITH THIS AGREEMENT. IN NO EVENT SHALL RITZ CAMERA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW.


This Agreement, including Ritz Camera’s obligation to provide any membership benefit to the Member, may be freely assigned by Ritz Camera, and upon any such assignment, Ritz Camera shall be released from all obligations to Member. Member may not assign or transfer this Agreement, or resell the Membership, or the Membership Card or any Monthly Coupon or other membership benefits associated therewith, without prior written consent of Ritz Camera. Notwithstanding the foregoing, Member may designate on the Plan Description up to ten (10) individuals who may use the Membership Card (“Authorized Users”).


This Agreement shall be governed by the laws of the State of Maryland.


Member agrees to submit any dispute or claim arising out of this Agreement or any of its provisions to binding arbitration. Member and Ritz Camera agree to waive any right to class actions or class action arbitration, and agree that any dispute or claim will be resolved only through individual arbitration. Member agrees to waive any right to pursue any claim on a class or consolidated basis, whether through arbitration or otherwise.


Member shall not be allowed to finance the Membership Fee under any other credit program of Ritz Camera.


THIRD PARTY SOFTWARE


As a convenience to Members, RitzPix.com may make third-party software available through the Service. In order to use such third-party software, Members must agree to any terms and conditions requirement by the provider of such third-party software. The agreement to use such third-party software shall be solely between Members and the third party provider. RitzPix.com does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. RitzPix.com makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.


COPYRIGHT


By posting, storing or transmitting Submitted Content on or via the Site, you thereby grant RitzPix.com and the Site Host a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt, publish, publicly perform and display, distribute, syndicate and otherwise use such Submitted Content in connection with providing the Service to you (“Submitted Content License”). By posting, storing or transmitting Submitted Content on or via the Site, you represent and warrant that: (i) you own all right, title and interest in and to such Submitted Content or have the necessary approvals and permissions to grant RitzPix.com the Submitted Content License described above; (ii) such Submitted Content, and the exercise by RitzPix.com and the RitzPix.com Site Host of our rights under the Submitted Content License does not violate applicable law or the intellectual property rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights; and (iii) such Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. For the avoidance of doubt, you hereby acknowledge and agree that any breach of the foregoing representations and warranties by you shall be deemed a violation of these Terms of Use to which your indemnification obligations shall apply as provided below under the Section titled “INDEMNITY.


INFRINGEMENT CLAIMS / DMCA NOTICES


If you believe that Submitted Content or other material on the Site infringes your copyright or other intellectual property rights, please provide RtizPix.com’s Agent for Notice (listed below) with a written notice that includes the following:


  1. A detailed description of the copyrighted work(s) or other intellectual property that you claim has been infringed.
  2. An identification of where the Submitted Content or other material that you claim is infringing is located on the Site with sufficient detail to enable us to locate the material.
  3. Your street address, telephone number, and email address (if you have an email address).
  4. The statement: "I have a good faith belief that use of the copyrighted material described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  5. The statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. Your electronic signature or actual physical signature.

RitzPix.com’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:


By Mail
Ritz Camera & Image, LLC
Legal Department
2 Bergen Turnpike
Ridgefield Park, NJ 07660


By Email
ritzpix@ritzcamera.com


WARRANTY DISCLAIMER


(a) THE SERVICE AND THE SITE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” AS TO THE SITE AND THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USING THE SERVICE AND THE SITE. ANY CONTENT UPLOADED, DOWNLOADED, SHARED OR OTHERWISE TRANSMITTED VIA THE SERVICE OR THE SITE, SHALL BE SO UPLOADED, DOWNLOADED, SHARED AND TRANSMITTED AT YOUR OWN DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE FOR LOSSES, DAMAGES, COSTS, OR OTHER LIABILITIES THAT ARISE FROM YOUR USE OF THE SERVICE OR THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING, DOWNLOADING, SHARING OR TRANSMITTING ANY CONTENT VIA THE SITE OR THE SERVICE.


(b) WITHOUT LIMITING TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THERE WILL BE NO INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THE SITE; (B) THE SERVICE OR THE SITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE SERVICE OR THE SITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE SERVICE OR THE SITE WILL BE TIMELY, SECURE OR ERROR FREE; OR (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F) ANY CONTENT ON THE SITE IS LAWFUL OR APPROPRIATE.


(c) YOUR SOLE REMEDY AGAINST US FOR YOUR DISSATISFIATION WITH THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO ALL CONTENT, IS TO STOP USING THE SERVICE, THE SITE OR CONTENT THEREOF WITH WHICH YOU ARE DISSATISFIED.


LIMITATION OF LIABILITY


(a) WE SHALL NOT BE LIABLE UNDER ANY THEORY (INCLUDING NEGLIGENCE) FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


(b) IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED THE TOTAL OF ANY MEMBERSHIP FEE, LICENSE FEE OR OTHER SIMILAR FEES PAID BY YOU TO US FOR ACCESS TO THE CONTENT, SITE OR SERVICE WHICH IS THE SUBJECT OF A CLAIM, BUT IN NO EVENT SHALL RITZPIX.COM’S LIABILITY EXCEED ONE HUNDRED DOLLARS (USD $100), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY YOU.


INDEMNITY


YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SITE HOST, RITZPIX.COM AND RITZPIX.COM’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, PREDECESSORS, SUCCESSORS IN INTEREST, SHAREHOLDERS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS, LOSSES, COSTS AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR ARE RELATED TO YOUR USE OF THE SERVICE OR THE SITE OR YOUR VIOLATION OF THESE TERMS OF USE.


TERMINATION


We may, in our sole discretion, at any time and without prior notice, terminate your use of the Site or terminate your rights under these Terms of Use for any or no reason. In our sole discretion, and at any time, we may also discontinue providing the Site or the Service any one or part thereof, with or without notice. We shall not be liable to you or any third party for any of the foregoing. The Sections titled “GENERAL PROPRIETARY RIGHTS AND TERRITORY”, “CONDUCT AND CONTENT”, “COPYRIGHT”, “WARRANTY DISCLAIMER”, “LIMITATION OF LIABILITY”, “INDEMNITY”, “TERMINATION” AND “OTHER” shall survive the expiration or termination of these Terms of Use.


OTHER


To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site and the Service, will be governed by and construed in accordance with the laws of the State of Maryland, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site and the Service, shall be subject to the exclusive jurisdiction of state or federal courts located in Prince George’s County, Maryland, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and RitzPix.com relating to your use of the Service and the Site, superseding any other agreement between you and RitzPix.com with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.