TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF .
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Rickers
Photography Studio, also known as Ric Stewart, located at 918 Third Avenue, Worthington,
Minnesota 56187 and our subsidiaries and affiliates, in association with the use of theR ic Stewart
website, which includes www.rickers.com, (the "Site") and its Services, which shall be defined
below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Selling of photographs
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of this TOS. Once an individual
register's for our Services, through the process of creating an account, the user shall then be
considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications and
that those applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Rickers
Photography Studio. At its discretion, Rickers Photography Studio may offer additional website
Services and/or products, or update, modify or revise any current content and Services, and this
Agreement shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. Rickers Photography Studio does
hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or
products. You, as the end user and/or member, acknowledge, accept and agree that Rickers
Photography Studio shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your continued use of the
Services provided, after such posting of any updates, changes, and/or modifications shall
constitute your acceptance of such updates, changes and/or modifications, and as such, frequent
review of this Agreement and any and all applicable terms and policies should be made by you to
ensure you are aware of all terms and policies currently in effect. Should you not agree to the
updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Rickers Photography Studio shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store
user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into
and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving Ric Stewart's Services under the laws
and statutes of the United States or other applicable jurisdiction.
When you register, Ric Stewart may collect information such as your name, e-mail address, birth
date, gender, mailing address, occupation, industry and personal interests. You can edit your
account information at any time. Once you register with Ric Stewart and sign in to our Services, you are
no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may
be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
Rickers Photography Studio will have sufficient grounds and rights to suspend or terminate the
member in violation of this aspect of the Agreement, and as such refuse any and all current or
future use of Rickers Photography Studio Services, or any portion thereof.
It is Rickers Photography Studio's priority to ensure the safety and privacy of all its visitors, users
and members, especially that of children. Therefore, it is for this reason that the parents of any
child under the age of 13 that permit their child or children access to the Ric Stewart website
platform Services must create a "family" account, which will certify that the individual creating the
"family" account is of 18 years of age and as such, the parent or legal guardian of any child or
children registered under the "family" account. As the creator of the "family" account, s/he is
thereby granting permission for his/her child or children to access the various Services provided,
including, but not limited to, message boards, email, and/or instant messaging. It is the parent's
and/or legal guardian's responsibility to determine whether any of the Services and/or content
provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Rickers Photography Studio
immediately if you notice any unauthorized access or use of your account or password or any
other breach of security. Rickers Photography Studio shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are
solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Ric Stewart Services, and as such, we do not guarantee the
accuracy, integrity or quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any errors or omissions in
any content posted, and/or any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted or otherwise made available by Ric Stewart.
Furthermore, you herein agree not to make use of Rickers Photography Studio's Services for the
purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Ric Stewart
officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Rickers Photography Studio Services, servers and/or
networks that may be connected or related to our website, including, but not limited to, the
use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
law;
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a "foreign terrorist organization" in accordance to Section 219 of the Immigration
Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in the
aforementioned paragraphs.
Rickers Photography Studio herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the TOS or which would otherwise be
considered offensive to other visitors, users and/or members.
Rickers Photography Studio herein reserves the right to access, preserve and/or disclose
member account information and/or content if it is requested to do so by law or in good faith belief
that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any
third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Rickers Photography Studio, its
visitors, users and members, including the general public.
Rickers Photography Studio herein reserves the right to include the use of security components
that may permit digital information or material to be protected, and that such use of information
and/or material is subject to usage guidelines and regulations established by Rickers Photography
Studio or any other content providers supplying content services to Rickers Photography Studio.
You are hereby prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Rickers Photography Studio shall not lay claim to ownership of any content submitted by any
visitor, member, or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Rickers Photography Studio the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Rickers Photography Studio's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Rickers Photography Studio's sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Rickers Photography Studio's sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services are for the sole purpose of providing and promoting
the specific area in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Rickers Photography Studio's
sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Rickers Photography Studio's sites, the continuous, binding and completely sublicensable
license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Rickers Photography Studio's
sites are those such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly available to
both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Rickers Photography Studio provides an area for our users and members to contribute feedback
to our website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Ric Stewart shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) Ric Stewart shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Ric Stewart;
and
e) Ric Stewart is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Rickers Photography Studio, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party which may arise from any content a member or user of our site may
submit, post, modify, transmit or otherwise make available through our Services, the use of Ric
Stewart Services or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to Ric Stewart's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Rickers Photography Studio may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum number of days that
any email, message posting or any other uploaded content shall be retained by Rickers
Photography Studio, nor the maximum number of email messages that may be sent and/or
received by any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space allowable that
shall be allocated on Rickers Photography Studio's servers on the member's behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given
period of time. In addition, you also agree that Rickers Photography Studio has absolutely no
responsibility or liability for the removal or failure to maintain storage of any messages and/or
other communications or content maintained or transmitted by our Services. You also herein
acknowledge that we reserve the right to delete or remove any account that is no longer active for
an extended period of time. Furthermore, Rickers Photography Studio shall reserve the right to
modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
Rickers Photography Studio shall reserve the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any third party for any
such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a member of www.rickers.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
rickers@iw.net.
As a member, you agree that Rickers Photography Studio may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
www.rickers.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with www.rickers.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within www.rickers.com;
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Rickers Photography Studio shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Rickers Photography Studio or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of
any such external sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or available from such third
party sites or resources. Furthermore, you acknowledge and agree that Rickers Photography
Studio shall not be responsible or liable, directly or indirectly, for any such damage or loss which
may be a result of, caused or allegedly to be caused by or in connection with the use of or the
reliance on any such content, goods or Services made available on or through any such site or
resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Rickers Photography Studio's Services and any
essential software that may be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights and
other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by
Rickers Photography Studio or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic
works which are based on Rickers Photography Studio Services (e.g. Content or Software), in
whole or part.
Rickers Photography Studio herein has granted you personal, non-transferable and non-exclusive
rights and/or license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate
or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to our
Services. Lastly, you also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by Rickers Photography Studio for use
in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF RICKERS PHOTOGRAPHY STUDIO SERVICES AND SOFTWARE ARE
AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED
ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. RICKERS PHOTOGRAPHY STUDIO
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES
OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) RICKERS PHOTOGRAPHY STUDIO AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT (i) RICKERS PHOTOGRAPHY STUDIO SERVICES OR
SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) RICKERS PHOTOGRAPHY
STUDIO SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE
USE OF THE RICKERS PHOTOGRAPHY STUDIO SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED
BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF RICKERS PHOTOGRAPHY STUDIO SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM RICKERS PHOTOGRAPHY STUDIO OR BY WAY
OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RICKERS
PHOTOGRAPHY STUDIO AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO
THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Rickers Photography Studio (and its
officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase "Let the investor beware" is
appropriate. Rickers Photography Studio's content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is intended for trading
or investing purposes. Rickers Photography Studio and our licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Rickers Photography Studio may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Rickers Photography Studio
trademarks, copyright, trade name, service marks, and other Rickers Photography Studio logos
and any brand features, and/or product and service names are trademarks and as such, are and
shall remain the property of Rickers Photography Studio. You herein agree not to display and/or
use in any manner the Rickers Photography Studio logo or marks without obtaining Rickers
Photography Studio's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Rickers Photography Studio will always respect the intellectual property of others, and we ask
that all of our users do the same. With regards to appropriate circumstances and at its sole
discretion, Rickers Photography Studio may disable and/or terminate the accounts of any user
who violates our TOS and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the following
information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner's behalf.
T h e Rickers Photography Studio Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Mailing Address:
Rickers Photography Studio
Attn: Copyright Agent
918 Third Avenue
Worthington, Minnesota 56187
Telephone: 5077273555
Email: rickers@iw.net
CLOSED CAPTIONING
BE IT KNOWN, that Rickers Photography Studio complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at www.rickers.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Rickers Photography Studio and
shall govern the use of our Services, superseding any prior version of this TOS between you and
us with respect to Rickers Photography Studio Services. You may also be subject to additional
terms and conditions that may apply when you use or purchase certain other Rickers
Photography Studio Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Rickers Photography Studio with regard to the TOS
that the relationship between the parties shall be governed by the laws of the state of Minnesota
without regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and Rickers
Photography Studio, shall be filed within the courts having jurisdiction within the County of
Nobles, Minnesota or the U.S. District Court located in said state. You and Rickers Photography
Studio agree to submit to the jurisdiction of the courts as previously mentioned, and agree to
waive any and all objections to the exercise of jurisdiction over the parties by such courts and to
venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Rickers Photography Studio fail to exercise or enforce any right or provision
of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of
this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
3 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Rickers Photography Studio as follows:
Mailing Address:
Rickers Photography Studio
918 Third Avenue
Worthington, Minnesota 56187
Telephone: 5077273555
Email: rickers@iw.net