RITZPIX TERMS AND CONDITIONS: The Big Picture
When you decide you want to print your pictures with us, we guarantee your happiness. Well, the happiness with the pictures, that is. This means that if you’re not happy with the pictures, let us know, and we’ll try again. Of course, we can’t actually take the pictures for you, so if Uncle Harry is blocking the bride, we can’t move him out of the way. But we will try to print the best quality picture we can of the pictures you took. So if you aren’t satisfied, we just told you how to contact us. Send an email. Pick up the phone. We keep trying until you are smiling. But please make sure you’re 13 years old, because if you’re not, you can’t sign up for RitzPix. Find a parent. And now, the details:
TERMS AND CONDITIONS: The Details
RitzPix is the home of a super fine quality digital media process, print, digitize, store, share and use (collectively "Process") business. We are thrilled you have decided to become a customer. However, before you sign on completely, we think it’s a good idea for you to review our terms and conditions (the "Terms"). You may also find specific terms on specific subpages within our Site (www.RitzPix.com), which are all incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. 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 that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the RitzPix web site, located at www.RitzPix.com, or any native apps or mobile platforms provided by RitzPix (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, please don’t access or use the Service.
I. Terms of Membership. You can use RitzPix if you are at least 13 years of age and submit certain requested information to RitzPix, including your name and correct email address. When you become a customer, you must provide RitzPix 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). You also need to be “Active, which means that you’ve purchased a photo product at least once the prior year. If you aren’t Active anymore, we assume you’ve left us, broken our hearts and torn up the poems we wrote to you. And so, we reserve the right to terminate your account (or any part thereof) and use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service. We won’t promise we will, but we could.
1. Digital Image Storage. RitzPix offers free, unlimited storage of online photos to our Members who maintain Active Participation. Video storage may also be provided depending on the services you subscribe to. When you upload photo or video Content to the Service, the original resolution and format of your Content may be slightly modified depending on the upload speed you choose while ensuring optimal print quality. Further, if you upload photo or video Content with very high resolution or bit-rate, RitzPix may in its discretion down-sample the Content regardless of the upload speed you choose. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
3. Member Conduct. We think it’s important that the Site and the Service is a safe but fun environment. That means that we want you to Process (and we will happily print) your Content, but we don’t want you to Process, and we won’t print, “Bad Content”. What’s Bad Content? Here are some examples, and your imagination can fill in the rest. Bad Content is:
- Abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Contains copyrighted material used without the owner’s express permission or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
- Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
- Advocates illegal activity;
- Violates any law or regulation;
- Harms anyone, including minors; or,
- Provides a link to any of the above;
We have to retain the sole discretion to decide whether Content is Bad Content, and any Content submitted to the Service may be subject to examination from time to time. Although RitzPix can not, does not and will not examine or otherwise review all Content submitted or transmitted to the Service, RitzPix may delete, move, and edit Content for any reason, at any time, without notice. It’s our decision.
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 offensive. You take sole responsibility for such exposure.
RitzPix in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
4. Third Party Software. We don’t own all the software our dear customers use to Process their pictures on the Site. So sometimes, we may make third-party software available through the Service, including by downloading. To use the software, you usually have to agree to the third party provider’s standard terms and conditions. If you agree to their conditions, your agreement is between you and the third party provider. RitzPix makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.
6. Intellectual Property.
Ownership. While you are always going to be the owner of your Content, any rights granted to RitzPix herein are granted as a license. Therefore, any material, tools, features, template or layout that we provide to help you arrange or organize your Content are not proprietary to you, and the RitzPix retains the rights to the template or layout.
Content License. In order for RitzPix to provide our services to you and your invitees, as a condition to Membership you give RitzPix and its agents permission to copy, display, modify, distribute, transmit, and make derivative works of your Content for your benefit. We would do this for one or more of the following reasons: (a) we want to provide the Service to you or your invitees, (b) we want to show you how your Content would appear in a product or service offered by RitzPix or one of its agents, or (c) we want to improve the Service (e.g., customer support, technical support and/or vendor fulfillment). For example, we may show you a sample product, such as a mug or calendar that includes one of your images, in case you may want to purchase such an item. Likewise, we may send you images that you made at various points during your membership to remind you of your past memories.
Warranty. We don’t know where your data comes from. Therefore, as a condition to using the Services, you represent and warrant to RitzPix that you either own your Content or have written permission from the copyright owner to make such Content available to the Service and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trade secret right or other intellectual property or other property right of any third party.
Personal Rights. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in this Agreement. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to RitzPix.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, RitzPix has a process in place to respond to your concerns. Call us or write us. Scroll down; the info is below.
7. Indemnity. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS RITZPIX, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "RITZPIX AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (COLLECTIVELY “CLAIMS”), INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING ANY CLAIMS RELATED TO (i) ANY CONTENT SUBMITTED BY YOU, (ii) YOUR ACTIVITIES ON THE RITZPIX WEB SITE, OR ANY ACTIVITIES MADE IN CONNECTION WITH YOU (OR ANY OF YOUR INVITEES) OBTAINING ANY PRODUCTS OR SERVICES FROM RITZPIX OR (iii) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
8. Limited Warranty. IN NO EVENT WILL RITZPIX OR RITZPIX AFFILIATES 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.
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 WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, RITZPIX'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR RITZPIX TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR (ii) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, RITZPIX AND RITZPIX AFFILIATES 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 MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. RITZPIX MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
9. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER LAW, RITZPIX 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 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.
10. Termination. RitzPix can choose, for any or no reason and without notice, to terminate your use of the Service and remove, delete or destroy any Content at any time. This is because RitzPix is intended to be used for print and processing, and not necessarily for online digital storage. Among the reasons we terminate Service or delete data is for: (i) conduct that violates these Terms or other policies or guidelines set forth by RitzPix elsewhere within the Service, or (ii) conduct RitzPix believes is harmful to other RitzPix users or its business, or (iii) if aren’t Active on the Site. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the Site, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
11. Choice of Law. These Terms are governed by and construed in accordance with the laws of the State of New Jersey, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Site or these Terms will be resolved individually, without resort to any form of class action, and shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in New Jersey and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Site, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Site you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Please note that this arbitration provision shall survive the termination of your relationship with us. If, for any reason, this arbitration provision is not upheld, the exclusive forum and venue to resolve any disputes arising out of or otherwise relating to these Terms or the Site will be in the state and federal courts of New Jersey.
12. Modification of Terms. RitzPix may change these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service.
13. Entire Agreement. These Terms constitute the entire agreement between you and RitzPix governing your use of the Service. If there’s an inconsistency between these Terms and any information included in any print materials (like a mailer, for example) or elsewhere on the Site, these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use RitzPix Affiliate services, third-party Content, or third-party software.
RitzPix’s failure to exercise or enforce a Term doesn’t constitute a waiver of the Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
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 must be filed within one year after the claim or cause of action arose or it is forever barred.
14. Questions? Comments?
Write us: at firstname.lastname@example.org
Call us: 1-800-225-9799
RitzPix.com Refund Information
Here at Ritzpix.com we want you to be happy and satisfied with the quality of our prints and products. If you are unhappy with your purchase, you may return it within 30 days for a refund or a redo.
If a product doesn't meet your expectations, contact Customer Service at email@example.com.
We do our best to send you the highest quality prints and products. Please keep in mind that we are not responsible for the following:
Errors in spelling or punctuation with text entered by our customer.
Poor quality resulting from the use of a low-resolution digital file. A warning will appear noting the resolution quality of an image, you may proceed at your own risk using this image.
If you paid for your order online and request a refund or redo, please print and fill out the form below. Then mail the form with your order to the address below. Refunds will be posted after we receive your returned items, you will then see the refund post to your account within 4-5 business days.
Please ship Mail Order returns to:
ATTN: Customer Service
3036 Commerce Way
Hapeville, GA 30354
If you paid in store and request a refund or redo, you can return your items directly to the store and the store can assist you with your refund or redo.