Terms and Conditions

Our Basic Rules

1. All content must be your own and not contain others' copyrighted material.
2. All content must be titled, described, and tagged appropriately. No keyword spamming.
We do our best to moderate, but encourage users to flag illicit photos, albums, and/or users.

By using Razzi you agree to the following Terms of Use as well as the Google AdSense Program Policies . Please read them carefully.

GENERAL CONTENT GUIDELINES

PHOTOS HAVE THE RIGHT TO BE REMOVED WITHOUT WARNING ON RAZZI IF CONTAINING:

• Pornography, adult or mature content
• Violent content
• Content related to racial intolerance or advocacy against any individual, group or organization
• Excessive profanity
• Hacking/cracking content
• Illicit drugs and drug paraphernalia content
• Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
• Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others

1. ACKNOWLEDGMENT AND ACCEPTANCE OF RAZZI SERVICE TERMS OF USE

Welcome to Razzi. We are an enthusiastic and devoted group of photographers committed to designing an easy to use online photo service to suit all types of people. Our goal is to provide you the best online photo experience.

A. What Razzi does:

• We provide web site photo hosting and sharing services under our Razzi brand. Our service is comprised of the Digital Online Photo Sharing Website, razzi.me and derivative sites (the "Site") and Razzi software ("Software"), collectively called "Razzi" or "the Service".
• Razzi reserves the right, at our sole discretion, to change, modify, add or delete these "Terms of Use" at any time without further notice. The changes will appear on this screen, with the date of the last revision, and are effective immediately.
• In the event that we change the terms of use in a way that is unacceptable to you, we reserve the right to offer you a pro-rated refund of any pre-paid subscription, at our discretion.

B. What you do:

• When you access or use the “Service”, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement").
• Your continued use of the Service, the Site or the Razzi Client Software after any such changes constitutes your acceptance of the new Terms of Use.
• If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service, the Site or the Software.
• It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS

2. ELIGIBILITY

Membership in the Service is void where prohibited. This Service is intended solely for users who are thirteen (13) years of age or older, and you must submit certain requested information to Razzi including your correct email address. By using the Service you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning if Razzi believes that you are under 13 years of age.

3. THE RAZZI SERVICE

The Service consists of the features, products, functions, services, and content provided by Razzi, as well as the features, products, functions, services, and content provided by third parties through the Site.

Razzi provides you with the capability to create and manage digital photos via the World Wide Web (the “Service”). The photos are digital images provided by you.

We provide various digital media and creativity related web applications, sharing features, forums, personalized content and other features, products and services through these websites (which, along with the websites, are collectively referred to as the "Service").

Razzi continually improves the Razzi client software and the Site and you are entitled to those improvements for as long as you maintain your membership. As part of the service, Razzi stores copies of your digital photos and other photo album information on its computer servers and those of third party partners.

In order to use the Service, you must be able to access the Internet. This may include access to a computer, modem or any other necessary equipment. Razzi does not provide Internet access, and is not responsible for the payment of fees associated with establishing or maintaining such access.

4. YOUR USE OF THE SERVICE

Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Razzi to access to Service, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, visuals, data, files, links and other materials incorporated into the Service (other than your Submissions), solely as made available by us, solely as necessary to access the Service and solely for your own personal, non-commercial, home purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of Razzi or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of Razzi. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved.

While using the Service you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service pursuant to Sections 19 and 20 below. While using the Service, you agree not to:

You must be at least 13 years of age to use Razzi.

You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) to comply with all regulations, policies and procedures of networks connected to the Service; In addition, you agree not to use the Service or the Site to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
• Restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
• Violate any applicable laws or regulations;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• Engage in spamming or flooding;
• Attempt to upload images by any method to another user's account without permission;
• Access or use (or attempt to access or use) another user's content without permission;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
• "Frame" or "mirror" any portion of the Service, or link to any page of or material on the Service other than the URL located at http://razzi.me/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to manipulate view counts; or
• Harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.

We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.

5. REGISTRATION DATA

If you are required to complete a registration process to enter or use a portion of the Service, you agree (i) to provide Razzi with accurate, complete and current information; and (ii) to update your information (including your email address) to keep it accurate, current and complete. Failure to provide accurate information constitutes a breach of these Terms, which may result in immediate termination of your right to access the Service or any portion thereof.

You may not select a user name that impersonates someone else, is vulgar or offensive, is or may be illegal, may be protected by trademark or other proprietary rights, or may cause confusion. Razzi reserves the right to reject any user name in our sole discretion.

It is your sole responsibility to ensure that all Registration Information is accurate and complete at all times. If any Registration Information provided by you is untrue, inaccurate, not current or incomplete, Razzi has the right to terminate your account and refuse you any and all current or future use of the Service.

You agree not to sell or transfer your use of or access to the Service or permit anyone else to use the Service through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify Razzi of any unauthorized use of your account or any other breach of security. Razzi will not be liable for any loss you incur as a result of someone else using your password and account with, or without, your permission.

We will communicate with you via email. Razzi intends to send regular email updates and occasional promotional offers that may be of interest to you. If you are a paying member, you may opt-out of these mailings at any time upon receipt.

6. MEMBERSHIP

A "Member" is a person (i) who is at least 13 years of age, (ii) who is legally capable of agreeing to, and has agreed to, the Terms of Use, (iii) whose e-mail address, and required account information have been provided to Razzi and are recorded on Razzi's records as the person responsible for a specific Razzi user account or those using the Member's account, and (iv) who uses the Services. You will be referred to as a "Member" or your account referred to your Razzi "Membership." Before you can the service, photo output product, we will ask you to provide a valid credit card number (including expiration date and billing address). This will allow us to efficiently facilitate the shipping and handling charges associated with your purchase of a Service.

The Service is for personal and commercial use only.

Razzi provides "Paid Membership" ("Pro Account") plans with storage space and other features and benefits for a fee. These options and fees are listed on the Razzi.me site and currently include "Pro" accounts. Fees and storage space capacity may be changed at any time without notice. Paid storage plans are monthly or annual and renew automatically until canceled. It is the member's responsibility to keep billing information current to prevent lapses in service.

If you register to use a paid version of the Razzi Service on a free-trial basis and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your account will be automatically converted to a paid account and your Payment Source will be billed for that paid Razzi Service.

Razzi's photo storage policy (as provided in these Terms) is designed to let you enjoy your personal photos and share them with others for years to come. Except as otherwise provided herein, all photos will be kept in your account until you remove them.

Razzi may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Service and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network, compute and storage resources and to take such technical and other remedies as we deem appropriate. Your consumption of the Service may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Razzi’s customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan of the Service that will permit you to continue to use the Service. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use the Service and any license to use Razzi’s Software, without prior notice in the event of a violation of this policy.

A condition of Razzi is your "Active Participation" in the Service. Active Participation is defined as logging into your account, uploading content, or viewing content through the Service at least once every twelve (12) months. If you cease Active Participation for any reason, Razzi may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.

You are solely responsible for your interactions with other Razzi Members. Razzi reserves the right, but has no obligation, to monitor disputes between you and other Members.

7. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Service; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SERVICES MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.

8. MONITORING

Razzi has the right, but not the obligation, to monitor the content of the Service to determine compliance with these Terms and any other operating rules established by Razzi. Razzi has the right in its sole discretion to pre-screen, review, flag, filter, modify, refuse or remove any material submitted to or posted on the Service that it finds to be in violation of these Terms or is otherwise objectionable, or to revoke the rights of any registered user. You are solely responsible for any information you post, transmit or otherwise make available on the Service. You acknowledge and agree that Razzi does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Service.

9. (REMOVED)

10. SALE OF PRODUCTS

Our Service may include the offer for sale of DVDs, prints, greeting cards, calendars, frames, mugs, mouse pads, books and other merchandise which display all or any part of Content that you have provided ("Products"). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products (unless we are the vendor, in which case the terms of purchase we have posted shall apply).

If you are unhappy with any photo product sold by Razzi, Razzi will, at its discretion, refund your purchase price plus shipping or replace the product. Any claims against the quality of the Razzi photo products must be made within 7 days of receiving the product.

11. FEEDBACK

Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information that you provide to us ("Ask Us") shall not be regarded as confidential. Razzi has no obligation of any kind with respect to any Feedback. Razzi shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, Razzi shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.

12. EMAIL ADDRESS, PASSWORD AND SECURITY OF REGISTRATION INFORMATION

You are responsible for maintaining the confidentiality of your email address and password and for any and all activities that occur under your password or account. You agree to immediately notify Razzi of any unauthorized use of your account or any other security breach known to you. All registration passwords selected by you are encrypted on the Razzi servers. Razzi encrypts user registration passwords using a one-way hash and has no access to user registration passwords, and forgotten or stolen passwords are the sole responsibility of users of the Service. You may request a link to reset your password, which will be emailed to your email account of record.

13. PHOTO CONTENT AND DATA

Razzi considers the photos and video that you share with the Service to be your private information that Razzi is displaying on your behalf, under your control. Razzi will not edit or disclose information about you or your private content, except that you agree that Razzi may do so in accordance with its then-current privacy policy or in the good faith belief that such action is reasonably necessary: (a) to comply with any laws, rules or regulations; (b) to comply with any legal process; (c) to enforce this Agreement; (d) to respond to claims that such data violates the rights of third parties; (e) to enable the purchase of photo products via third party partners and (f) to protect the interests of Razzi or others.

You acknowledge and agree that Razzi may access all photos, data (User Content) and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business.

In order to use the Service, you hereby agree to abide by the current Razzi privacy policy, located at http://razzi.me/policy. Such standards govern the types of photos and video that you can and cannot store and share using the Service, as well as the maintenance and use of such information.

You acknowledge and agree that Razzi is not responsible or liable for the pictures, content, and usage of your online photos and albums. You agree not to store or share through the Service or the Site, or order photo merchandise with; among other items: credit card data, credit card numbers or financial or credit histories of individuals; social security numbers; sexually explicit, pornographic, harassing, abusive, harmful or obscene photos, video or information; information on an individual's health status; racist or sexist photos or video; stolen or fraudulent photos or video; photos, video or information related to illegal gambling, sweepstakes or other games of chance; information or content that infringes on the intellectual property rights of another third party; or any otherwise illegal information.

You retain the copyright to all content you post to the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for the purpose of displaying your photos and meta-data to Razzi viewers on your behalf. Any such use by Razzi will be governed by our privacy policy. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain and archived copies of your User Content and if your public content was used by Razzi (with your prior permission) to continue to use it.

If you post a comment to a Razzi photo, you understand and agree that anyone with access to the photo will be able to access, use and/or disclose any information that you include in any such comment (including, without limitation, any personal information such as your name, etc.). These comments may stay even after the termination of membership.

14. WEB ADDRESSES (URLS)

As part of the Service's online image share feature, we may provide you with access to and use of certain personalized pages on the Service and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.

15. MODIFICATION OF SERVICE

At any time, Razzi may decide to modify, suspend, alter or terminate Service provided to you for any reason. Razzi will make any decisions about modifications to the service in its sole discretion, with or without notice to you. You accept and acknowledge that Razzi reserves this right and agrees that Razzi will not be responsible for any modification or discontinuation of the Service.

16. TERMINATION OF SERVICE

You agree that Razzi may terminate your password, account or use of the Service and, in Razzi's discretion, terminate your use of Razzi's other services for any reason, at its sole discretion, including, without limitation, if Razzi believes: (a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with Razzi’s privacy policy or (c) that you have violated the rights of Razzi or other users or parties or (d) that your account is not in good standing with respect to the payment of subscription fees for Paying Members or non-activity for No Fee Members.

Razzi will not be liable to you or any third-party for any termination of your access to the Service.

You may choose to cancel your account with Razzi at any time. A cancellation initiated by you will be called a voluntary termination.

17. MEMBER TERMINATION OF NO FEE MEMBERSHIP

As a No Fee Account Member, you may terminate this Agreement at any time by emailing to customer support. After receipt of your termination notice, Razzi.me will terminate your account and may delete all photos, credits and any other membership benefits contained therein.

Termination or suspension of an account does not relieve you of any obligations you have accrued, including payment such as any charges for photo or video merchandise purchases in connection with your account. You are responsible for payment of all such charges.

18. TERMINATION OF PAID MEMBERSHIP

You may choose to cancel your Paid Membership with Razzi at any time by downgrading in your account settings; otherwise Razzi reserves the right to renew the subscriptions and charge accordingly.

A cancellation initiated by you will be called a voluntary termination. The subscription fees, once paid, are not refundable.

The Account Deactivation process described herein will automatically be applied to all Subscription Paying Member accounts deemed delinquent or lapsed.

REINSTATEMENT. During the deactivation process the Member’s content may be deleted and may not be retrievable to reinstate into the Member’s account, even if the Member upgrades to a Paying Account.

You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that Razzi may immediately delete and discard all information and files in your account and bar any further access to such files or the Service if Razzi terminates your account for violation of this agreement, we will not provide image or video data to you.

19. RIGHT TO CANCEL CONTRACT

You may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third day (excluding Saturdays, Sundays and holidays) following the day on which you became a Member of Razzi. To cancel this agreement, send a dated notice to Razzi within the three-day cancellation period, stating that you, the buyer, are canceling this agreement, or words to that effect. Please include your name, your Razzi User Name and subscription email address in the notice. You may send the cancellation notice by email to: support@razzi.me. If you cancel this agreement within the cancellation period, Razzi will refund the full amount of your registration and your User Content will be removed from Razzi.me.

20. LIMITATION OF LIABILITY

RAZZI WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. Razzi WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.

YOU AGREE THAT RAZZI IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.

21. GENERAL DISCLAIMER

RAZZI PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. RAZZI FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. RAZZI DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. RAZZI IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.

22. RESALE AND COMMERCIAL USE

Your right to use the Razzi Premium Service is personal to you and you may not resell all or any portion of the Service. The Razzi Premium service is intended for non-commercial use.

The Razzi Pro service may be used for commercial use by a single Professional Customer to store photos taken by the customer and a reasonable number of photos and videos collected from the clients of the Professional Customer.

Razzi Pro also includes Google AdSense Revenue Sharing. Razzi shares a portion of the ad revenue with the Razzi customer through connection to their AdSense Account on Google.

You agree not to reproduce, duplicate, copy, sell, or resell the Service or your use of or access to the Service except for as outlined above. You may not sell or give away copies of the Razzi software.

23. THIRD-PARTY WEBSITES, SOFTWARE AND SERVICES

The Service may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Service directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We shall have the right, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.

24. PROMOTIONS

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

25. DATA STORAGE

You understand and agree that all photos and video shared using the Service will be stored on Razzi's servers and/or Razzi’s third party partner servers. Razzi assumes no responsibility for the deletion or failure to store any data or other information included by you on the Service. Management of your photos via the Razzi client, as well as viewing your collection on the web contribute to your measured network traffic. This limit is intended to serve the needs of consumers and may be increased or decreased from time to time as Razzi understands general trends in usage. As Razzi determines in its sole discretion, additional network bandwidth may be purchased for a fee. You will not be charged any fees for additional network bandwidth without prior consent.

Razzi offers free, unlimited storage of online photos to Members who maintain Active Participation. There is no limit to the Content you can upload.

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.

Individual images for Pro accounts are limited to 25 MB. For images larger than 25 MB, we recommend using a Third Party Software to compress the file size prior to upload. This limit will likely increase from time to time as camera sensors improve.

26. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

If you believe that something on our Service violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

• a.provide your physical or electronic signature;
• b.identify the copyrighted work that you believe is being infringed;
• c.identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
• d.provide us with a way to contact you, such as your address, telephone number, or e-mail;
• e.provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
• f.provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

Please email the above information to support@razzi.me with the line "COPYRIGHT CLAIM" somewhere in the email subject. Again, we cannot take action unless you give us all the required information.

If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content on the Service, you may send a counter-notice containing the following information to the Copyright Agent:

• 1.Your physical or electronic signature;
• 2.Identification of that content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• 3.A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• 4.Your name, address and telephone number and a statement that you consent to jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Razzi Solutions may be found, and that you will accept service of process from the person who complained that posting the Content constituted an intellectual property right infringement or from an agent of that person.

If a counter-notice is received by the Copyright Agent, Razzi may send a copy of the counter-notice to the original complaining party informing that person that Razzi may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Razzi’s sole discretion.

Razzi has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.

27. INDEMNIFICATION

You agree that Razzi will not be held responsible for any claims, damages, demands or fees arising out of your violations of these terms and conditions, Razzi’s privacy policy or infringements on the rights of any third parties as a result of your use of the Site or the Service. You also agree to indemnify Razzi and its officers, directors, employees, agents, business partners and other third-party information providers for any and all claims that may arise.

28. PROPRIETARY RIGHTS TO CONTENT

You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site or Razzi Photo ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by Razzi, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.

If you are interested in submitting ideas and suggestions for products and services to be used at Razzi, either independently of, or in conjunction with, our internally developed concepts, please note that any such ideas or suggestions that you submit will be owned by Razzi, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Razzi.

29. THIRD-PARTY WEBSITES AND LINKS TO THE SITE

Razzi does not review or monitor any websites linked from your albums and is not responsible for the content of any such linked web sites. Your linking to such websites is at your own risk.

30. SYSTEM INTEGRITY

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

31. NOTICE FOR CALIFORNIA USERS

This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

32. ARBITRATION; GOVERNING LAW

Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Florida applicable to contracts entered into and wholly to be performed within Florida. Any controversy or claim arising out of or relating to these Terms or your use of the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate Razzi's intellectual property rights, Razzi may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in Orlando, Florida and judgment on the arbitration award may be entered into in any court of competent jurisdiction. By using the Service and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.

33. TRANSLATION

Whenever Razzi has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with Razzi.

34. DATA TRANSFER

As part of providing the Service, Razzi may store and process Customer Data in the United States or any other country in which Razzi or its agents maintain facilities. By using the Services, Customer consents to this transfer, processing and storage of Customer Data.

35. UNAUTHORIZED USE

Customer will use all commercially reasonable efforts to prevent unauthorized use of the Service, and to terminate any unauthorized use. Customer will promptly notify Razzi of any unauthorized use of, or access to, the Services of which it becomes aware.

36. FORCE MAJEURE

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.

37. NO AGENCY

The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.

38. NO THIRD-PARTY BENEFICIARIES

There are no third-party beneficiaries to this Agreement.

39. INTERPRETATION OF CONFLICTING TERMS

If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms located at any URL.

40. JURISDICTIONAL ISSUES

The Service is controlled and operated by Razzi LLC from the United States, and is not intended to subject Razzi to the laws or jurisdiction of any state, country or territory other than that of the United States. Razzi does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

41. CONTACT INFORMATION

Any questions or comments can be directed to: support@razzi.me

This policy was last modified on 3/18/2011.

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