RitzPix.com Terms and Conditions of Use

COPYRIGHT AND TRADEMARK INFORMATION

Copyright ©2006 RitzPix.com. All rights reserved. We or our content providers own all of the content on our web site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.

Hypertext linking to this web site is permitted. However, RitzPix.com reserves the right to disable any link to any site RitzPix.com believes contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of RitzPix.com, adversely affects the goodwill of RitzPix.com or any trademark or service mark of RitzPix.com or its subsidiaries. RitzPix.com expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. "Framing" or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.

You may use the content on our web site only for your own personal, non-commercial shopping and information purposes. Copying, publishing, broadcasting, modification, distribution, or transmission in any way without the prior written consent of RitzPix.com is strictly prohibited. RitzPix.com reserves title and full intellectual property rights for materials downloaded or otherwise received from this web site. We hereby grant you permission to download, print and store selected portions of our content (as defined below). However the copies must be for your own personal and non-commercial use, you cannot copy or post the content on any network computer or broadcast it in any media, and you cannot alter or modify the content in any manner. You also may not delete or change any copyright or trademark notices.

RITZPIX.COM, PRINTATWOLF.COM, RITZ CAMERA, WOLF CAMERA, RITZ CAMERA&IMAGE, WOLFCAMERA&IMAGE, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers and service names used on this web site are the trademarks, service marks, trade names or other protected intellectual property of Ritz Camera Centers Inc. or its subsidiaries. They may not be used in connection with any third party products or services. All other brands and names are the property of their owners.

NOTE ABOUT PRICING

RitzPix.com makes every effort to provide accurate information about products and their pricing on the web site. However, pricing and/or typographical mistakes may, on rare occasions, appear on RitzPix.com.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 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.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

1. This guarantee applies only to 4x6 digital print orders placed on Ritzpix.com.
2. Orders are limited to 75 digital prints per order.
3. Mixed orders are not guaranteed. Example: orders containing 4x6 prints and any other print sizes or products.
4. Limited to one order per customer per hour.
5. Big Print You sizes are not applicable to this guarantee.
6. 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.
7. 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.
8. 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.
9. Orders placed during periods of network failure (DSL) or machinery malfunction do not qualify for guarantee.
10. 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.


WARRANTY DISCLAIMER

WE PROVIDE CONTENT ON THIS WEB SITE AS A SERVICE TO YOU, OUR CUSTOMER. OUR WEB SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL USE CONDITIONS. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT OF THIS WEB SITE, THE SERVERS THAT MAKE IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR WEB SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. RITZPIX.COM EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES.

TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, RITZPIX.COM, THEIR ADVISORS, SUPPLIERS, CONSULTANTS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, "RITZPIX.COM") DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS WEB SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RITZPIX.COM DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. RITZPIX.COM DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE WEB SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.

THE RITZPIX.COM.COM WEB SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND YOU, OUR CUSTOMER. RITZPIX.COM IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. RITZPIX.COM EDITORIAL CONTROL OF SUCH CONTENT IS THE SAME AS THAT OF A PUBLIC LIBRARY OR NEWSSTAND. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. RITZPIX.COM MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY RITZPIX.COM. RITZPIX.COM DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.

RITZPIX.COM DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS WEB SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY RITZPIX.COM. THIS WEB SITE IS OPERATED IN THE STATE OF COLORADO, UNITED STATES OF AMERICA AND RITZPIX.COM MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.

RITZPIX.COM RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON RITZPIX.COM.COM. RITZPIX.COM WILL NOT ISSUE A RAIN CHECK OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.

BY YOUR USE OF THIS WEB SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEB SITE.

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR WEB SITE AND USE OF ITS CONTENT, YOU AGREE THAT RITZPIX.COM IS NOT LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR NONACTIONS IN RELIANCE UPON THE CONTENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF RITZPIX.COM ARISING FROM OR RELATED TO YOUR USE AND ACCESS, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS), IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM RITZPIX.COM IN THE APPLICABLE TRANSACTION. RITZPIX.COM SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF RITZPIX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH OUR WEB SITE OR ITS CONTENT (INCLUDING TERMS OF USE), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

MODIFICATION OF TERMS

RitzPix.com reserves the right to amend these Terms and the additional Terms here below at any time, for any reason and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by RitzPix.com will be prospective only.

ENTIRE AGREEMENT, VENUE AND CHOICE OF LAW

These Terms, including the additional Terms relating to RitzPix.com here below, constitute the entire agreement between you and RitzPix.com governing your use of RitzPix.com and the web photo Service. These Terms may be changed or updated at any time at the sole discretion of RitzPix.com. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with RitzPix.com, third-party content, or third-party software.

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to choice of law rules. Any litigation arising out of or in connection with these web sites shall be exclusively in state or federal courts located in Prince George County, MD.

If any part of this Agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the Agreement, including any revised portion, shall remain and be in full force and effect.

The failure of RitzPix.com to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Additional Terms and Conditions of Use for RitzPix.com

In addition to the service provided on RitzPix.com, RitzPix.com provides people with Membership ("Members") a way to process, print, store, share and otherwise use photographs (collectively "Process") . However, before you enter the RitxPix.com site (the "Site") or use any of its available services, it is important that you carefully review the Terms and Conditions for RitzPix.com.com set out above and the additional Terms and Conditions for RitzPix.com set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and RitzPix.com and its subsidiaries (collectively "RitzPix.com") that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact customerserv@RitzPix.com. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

TERMS OF MEMBERSHIP

RitzPix.com membership ("Membership") is available to you if you are at least 18 years of age and submit certain requested information to RitzPix.com, including your name and correct email address or if you are a registered user of RitzPix.com of at least 18 years of age. In addition, by becoming a Member, you will provide RitzPix.com with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).

The Service is for personal use only.

A benefit of Membership is the ability to store photos in your account. A condition of your storage of photos is your "Active Participation" in the Service. Active Participation is defined as logging-in to your account at least once every 6 months with no purchase requirements. If your Membership account is inactive for a period of over 6 months, RitzPix.com may remove and discard any content, including all information, communications, postings, albums, image files or any other content within the Service. RitzPix.com may terminate your membership for any activity that in the sole opinion of RitzPix.com, its Site Host or subsidiaries constitutes an abuse of your Membership or a violation of these Terms.

PHOTOFINISHING SERVICES

As part of your Membership, you are enabled to have your digital photos uploaded and stored on the Site, pursuant to these Terms, as well as to have print copies or other photo products made either at a RitzPix.com retail location or delivered to you 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 to you by mail or for store pick-up will require a credit card.

DIGITAL IMAGE STORAGE

Subject to these Terms, as long as you are an active participant in the Service, RitzPix.com will offer free, unlimited storage, for non-commercial purposes, of your digital photos that you upload to your account. Storage terms may change without notice.

MEMBER CONDUCT

RitzPix.com allows Members to store, share and transmit communications, albums, image files, creative material, photographs, links, and comments (collectively "Content"). Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that RitzPix.com believes:
a. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive or otherwise inappropriate;
b. Comprises copyrighted material used without the express permission of the owner;
c. Violates or encroaches on the rights of others;
d. Contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service;
e. Advocates illegal activity;
f. Harms anyone, including minors; or
g. Provides a link to any of the above.

RitzPix.com has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although RitzPix.com does not and will not examine and review all Content submitted or transmitted to the Service, RitzPix.com may delete, move, and edit materials for any reason, at any time, without notice.

Any 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. may be reported and disclosed to appropriate law enforcement agencies.

All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

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

RitzPix.com in no way guarantee the accuracy, quality or appropriateness of Content available on the Site.

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.

THIRD PARTY SOFTWARE

As a convenience to Members, RitzPix.com may make third-party software available through the Service. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you 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

As a condition to your Membership, you hereby grant RitzPix.com and the RitzPix.com Site Host (LifePics, Inc. Based out of Boulder Colorado d/b/a/ LifePics) a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to RitzPix.com and the Site Host that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations you may incur as a result of your activities on the Service.

If you believe your work or the work of another has been copied in a way that constitutes copyright infringement, RitzPix.com has a process in place to respond to your concerns. RitzPix.com will take appropriate steps, at the sole discretion of RitzPix.com, to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:

If you believe your copyright or the copyright of another has been infringed on the Service, please provide the Legal Department of RitzPix.com with a written notice containing the following information:

1. a description and copy of the copyrighted work you claim has been infringed;
2. a description of where the material you claim is infringing is located on the site;
3. your address, telephone number, and e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.

The above Notice for claims of infringement for Content on the Service should be addressed to the Legal Department at RitzPix.com at the following street address:

Ritz Camera
Legal Department
6711 Ritz Way
Beltsville, MD 20705

INDEMNITY

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS RITZPIX.COM, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "RITZPIX.COM") 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 ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.

LIMITED WARRANTY

(A) No Liability for Content IN NO EVENT WILL RITZPIX.COM OR THE SITE HOST BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. RITZPIX.COM' SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR RITZPIX.COM TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS OR PHOTOGRAPHIC PRODUCTS, OR (II) REPRINT THE PHOTOS OR RECREATE THE PHOTOGRAPHIC PRODUCT AT NO EXTRA COST.
(C) Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, RITZPIX.COM AND THE SITE HOST EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RITZPIX.COM AND THE SITE HOST MAKE NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. RITZPIX.COM MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS 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.
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, RITZPIX.COM WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE - OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TERMINATION

RitzPix.com may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by RitzPix.com elsewhere on the Site, (ii) conduct RitzPix.com believes is harmful to other RitzPix.com.com users, the business of RitzPix.com or the Site Host or (iii) failure to continue Active Participation in the Service. Neither RitzPix.com nor the Site Host will be liable to you or any third party for any termination of your access to the Service or discarding Content.