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RitzPix Introduction
Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by RitzPix’s online photography service, provided through www.RitzPix.com or co-branded retailer sites (collectively, the “Service”).
By using our Service, you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
RitzPix is also referred to in these Terms as “we” and “us”.
| Ground orders are generally delivered in 10-12 business days. |
| Express orders are generally delivered in 5-7 business days. |
| Business days do not include weekends and holidays. Orders with multiple products may ship in separate packages. |
All orders are “made to order” and are produced and shipped within a timely manner from our lab. Shipping times are only estimates provided by major freight and shipping services. We cannot be held liable for items that are delayed during shipping due to holidays and extreme weather conditions as we have no control over this.
Copyright
RitzPix is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.
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 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.”
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
Conduct
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
You further agree that you shall not:
Suspension and Termination of Access, Membership and Deletion of Images
You agree that RitzPix may at any time without notice:
Disclaimers
Any material or software downloaded or otherwise obtained through the use of Service is used at your own discretion and risk, and 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.
We have taken every care in the preparation of the content of the Service. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the Service and shall not be liable to any person for any loss or damage which may arise from its use.
Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, emailed or otherwise transmitted via the Service.
We may modify or discontinue, temporarily or permanently, any part of the Service, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the Service. WITHOUT LIMITATION TO THE FOREGOING, YOUR USE OF THE SERVICE CONSTITUTES YOUR UNDERSTANDING, ACKNOWLEDGMENT AND AGREEMENT THAT RitzPix MAY, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, REMOVE AND DISCARD ANY OR ALL OF YOUR CONTENT DELIVERED TO AND/OR STORED OR MAINTAINED ON OUR SITES, STORAGE FACILITIES OR APPS OR OTHERWISE USED IN CONNECTION WITH THE SERVICE.
Any liability we may have to you shall be limited to the reprinting of the images and any charges paid (if any).
Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
These Terms and conditions do not and shall not affect your statutory rights as a consumer.
Disclaimer of Warranty and Limitation of Liability
THE SERVICE, RitzPix’S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY RitzPix “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, RitzPix DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
IN THE EVENT RitzPix REMOVES AND/OR DISCARDS ANY OF YOUR CONTENT FROM OUR SITES, STORAGE FACILITIES AND/OR APPS, RitzPix IS NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY FOR, SUCH REMOVAL OR DISCARDING OF CONTENT.
THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO RitzPix, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS PROVIDED BY OR THROUGH RitzPix IS TO OBTAIN A REFUND OF THE AMOUNT PAID FOR THE ORDER IN QUESTION, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF RitzPix ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, RitzPix SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, RitzPix’S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF RitzPix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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”) 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 (the “Member’s Credit Card”) will be charged by RitzPix.com each month for the Membership Fee, 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 month, then Member shall be responsible for payment of the Membership Fee in some other form to RitzPix.com on or before the first day of such month.
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 three (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 three (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 three (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 subject to state and local laws. If you have not redeemed your voucher by the expiration date, you can still use the paid value toward your purchase of photo products. Note that the paid value can only be used toward product cost, NOT shipping, taxes, or the purchase of another voucher or gift certificate. For example, for an E-Coupon worth $30 of photo products that was purchased for $20, the paid value is $20 and the promotional value is $10. Any E-Coupon used after it has expired (solely as the result of local and state laws), up to $20 may be deducted from your order however you will be responsible for all applicable shipping and sales taxes. The Monthly E-Coupon may be used by Member at RitzPix.com only for the purchase of Imaging Products. 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 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.
RitzPix.com reserves the right to unilaterally change the Terms and Conditions of Membership at any time by posting such changes at RitzPix.com.
Any changes to this Agreement are effective when RitzPix.com posts such changes on RitzPix.com.
RitzPix.com may require Member to update the Plan Description information from time to time.
In the event of collection action by RitzPix.com for non-payment, Member acknowledges that RitzPix.com 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 RitzPix.com to charge the Member’s Credit Card for the Membership Fees for the Term of this Agreement. Member shall promptly notify RitzPix.com of any changes to the credit card information provided by Member on the Plan Description.
If RitzPix.com obtains the services of a collection agency to collect any amount due under this Agreement, Member shall be liable for this expense, and RitzPix.com 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 RitzPix.com may have, RitzPix.com 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, shipping and other assessments that are imposed on all transactions related to this Agreement.
RitzPix.com 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 RitzPix.com BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW.
This Agreement, including RitzPix.com’s obligation to provide any membership benefit to the Member, may be freely assigned by RitzPix.com, and upon any such assignment, RitzPix.com 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 RitzPix.com. 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 Delaware.
Member agrees to submit any dispute or claim arising out of this Agreement or any of its provisions to binding arbitration. Member and RitzPix.com 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 RitzPix.com.
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 RitzPix.com’s Agent for Notice (listed below) with a written notice that includes the following:
A detailed description of the copyrighted work(s) or other intellectual property that you claim has been infringed.
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.
Your street address, telephone number, and email address (if you have an email address).
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.”
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.”
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 Email
service@ritzpix.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 Delaware, 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 the State of Delaware, 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.
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