Welcome to RickVyrostkoPhotography.com. This Terms & Conditions Policy applies to RickVyrostkoPhotography.com, and Rick Vyrostko Photography (a subsidiary of Vyrostko Incorporated). For the purposes of these Terms & Conditions, unless otherwise noted, all references to Rick Vyrostko Photography includes RickVyrostkoPhotography.com and RickVyrostkoFineArt.com (the “Site(s)”). RickVyrostkoPhotography.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of RickVyrostkoPhotography.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

RickVyrostkoPhotography.com is an E-Commerce Site.

All content published and made available on Rick Vyrostko Photography is the property of Rick Vyrostko and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Sites.

These Terms and Conditions govern the sale of goods and services available on our Sites. 

The following goods are available on our Sites:

• Photographic prints, frames and accessories;

• E-books; and

• Digital images.

The following services are available on our Sites:

• Subscription Services.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the goods and services that are displayed on our Sites at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Sites at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

We accept the following payment methods on our Sites:

• Credit Card; and

• PayPal.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

When you purchase goods from our Sites, the goods will be delivered through one of the following methods:

• Standard post or courier. Delivery takes 5-10 business days.

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You may be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside Canada, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Your use of RickVyrostkoPhotography.com is subject to Rick Vyrostko Photography's Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

Visiting RickVyrostkoPhotography.com or sending emails to Rick Vyrostko Photography constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, text and on the Sites, satisfy any legal requirement that such communications be in writing.

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Rick Vyrostko Photography and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Sites.

These Terms and Conditions are governed by the laws of the Province of Ontario.

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Rick Vyrostko Photography does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use RickVyrostkoPhotography.com only with permission of a parent or guardian.

Every item sold has a 100% satisfaction money back guarantee. Please email us at Support@RickVyrostkoPhotography.com for assistance.

RickVyrostkoPhotography.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Rick Vyrostko Photography and Rick Vyrostko Photography is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rick Vyrostko Photography is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rick Vyrostko Photography of the site or any association with its operators.

Certain services made available via RickVyrostkoPhotography.com are delivered by third party sites and organizations. By using any product, service or functionality originating from Rick Vyrostko Photography, you hereby acknowledge and consent that Rick Vyrostko Photography may share such information and data with any third party with whom Rick Vyrostko Photography has a contractual relationship to provide the requested product, service or functionality on behalf of RickVyrostkoPhotography.com users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use RickVyrostkoPhotography.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Rick Vyrostko Photography that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rick Vyrostko Photography or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Rick Vyrostko Photography content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Rick Vyrostko Photography and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Rick Vyrostko Photography or our licensors except as expressly authorized by these Terms.

The Service is controlled, operated and administered by Rick Vyrostko Photography from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Rick Vyrostko Photography Content accessed through the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

You agree to indemnify, defend and hold harmless Rick Vyrostko Photography, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rick Vyrostko Photography reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rick Vyrostko Photography in asserting any available defenses.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to Ontario, Canada laws. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Canadian Arbitration Laws (UNCITRAL) governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RICK VYROSTKO PHOTOGRAPHY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

RICK VYROSTKO PHOTOGRAPHY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RICK VYROSTKO PHOTOGRAPHY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RICK VYROSTKO PHOTOGRAPHY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RICK VYROSTKO PHOTOGRAPHY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Rick Vyrostko Photography reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, and you hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rick Vyrostko Photography as a result of this agreement or use of the Sites. Rick Vyrostko Photography's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rick Vyrostko Photography's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rick Vyrostko Photography with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rick Vyrostko Photography with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rick Vyrostko Photography with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Rick Vyrostko Photography reserves the right, in its sole discretion, to change the Terms under which RickVyrostkoPhotography.com is offered. The most current version of the Terms will supersede all previous versions. Rick Vyrostko Photography encourages you to periodically review the Terms to stay informed of our updates.

Rick Vyrostko Photography welcomes your questions or comments regarding this Statement of Privacy. If you believe that Rick Vyrostko Photography has not adhered to this document, please contact Rick Vyrostko Photography at:

Rick Vyrostko Photography

808-637 Lake Shore Blvd W,

Toronto, ON M5V 3J6

Email Address: Rick@RickVyrostkoPhotography.com

Telephone number: (647) 519-7425

Effective as of January 10, 2023