Terms and Conditions

1. How this agreement works.

1.1 Introduction. Welcome to RutsCameras’ online buying and selling community (the "Site"). This User Agreement ("Agreement") lists the terms of the agreement between you and RutsCameras for the buying and selling of camera and video equipment, and all other services that we provide (the "Services"). By completing the registration process, you agree to accept the terms and conditions of this Agreement and to become a registered user of this Site.

1.2 Modification. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. Your continued use of the Site and the Services following RutsCameras posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.

1.3 Additional Policies. This Agreement incorporates by reference the Privacy Policy and documents also found on this Site.

2. Who we are and what we do.

2.1 Online marketplace. RutsCameras is a website service that allows registered users who want to purchase (“Buyers”) from registered users who want to sell their photography and video equipment ("Sellers"). The fulfillment of confirmed orders, including delivery and shipment of the equipment, is the responsibility of the Seller. Please remember that RutsCameras acts as a marketplace only to allow buyers and sellers to interact regarding photography and video equipment.

3. How to become a registered user.

3.1 Requirements. To be a registered user of this Site, you must agree to accept the terms and conditions of this Agreement. You may only use the Services if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from our Sites. If you do not qualify, please do not use or try to use the Services. If you are under the age of 18, you may only use this site in conjunction with and under the supervision of your parents or guardians.

3.2 Registration. We will not accept any request from you to buy or sell items before you have registered with us. To register, you must provide your legal and current name, address and an active email address.

3.3 Email Address and Password. You will need an email address and password to access the Site and use the Services. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your email address and password. You should not disclose your password to any other person.

4. Listing items as a Seller.

4.1 Listing Process. A registered user who wants to sell items may list them in the RutsCameras marketplace. As part of the listing process, the Seller assigns a price to the items and provides information including description, make, model and any other pertinent information.

4.2 Fixed Price Formats. A Seller who lists equipment for sale on the Site sets a definite price at which the item(s) will sell immediately when a Buyer places an order for the item(s).

4.3 Seller Responsibility. Once a Seller confirms a purchase of item(s) from a Buyer, Seller is responsible for fulfilling the order with the exact item(s) that the Seller listed. RutsCameras is not responsible for any errors made by the Seller in the listing or pricing of items and is not liable for any such errors.

5. Finding photography and video equipment and placing orders as a Buyer.

5.1 Placing Orders. To order photography and video equipment, a Buyer first browses RutsCameras’ listings. When the Buyer finds desirable item(s), the Buyer places an "order" to purchase the item(s). All orders are final and, once placed, cannot be cancelled or retracted. Placing an order does not complete the sale. Sellers have 48 hours to receive notification of an order and confirm delivery. The sale is complete only after the Seller has confirmed delivery and the Buyer’s completed the transaction through a third party payment gateway of the buyer and sellers choice. Multiple payment options are offered by RutsCameras.

5.2 Credit Card Authorization. RutsCameras utilizes a third party payment gateway for all transactions. RutsCameras will not store your CC information. Please refer to Section 7 of this Agreement. Please reference the user agreement of the payment gateway you choose for details on information they collect.

5.3 Seller Comments. RutsCameras does not guarantee any information provided by Sellers in the Seller’s description of the item(s).

6. Notifying the Seller of the order.

6.1 Notification. Once we obtain an authorization from a Buyer, we notify the Seller of the sale via email and/or telephone that a Buyer has purchased the listed equipment at the listed price that we have calculated for the sale. At this time, RutsCameras verifies the authenticity of the order and reserves the right to cancel any order that it identifies as fraudulent.

6.2 Seller's Confirmation. In most cases the Seller confirms the order within 2 business days using our automated online confirmation process. If the Seller cannot ship the equipment immediately upon confirming an order, the Seller must, when confirming the order, provide the date the Seller expects to be able to ship the equipment to the Buyer. If the expected ship date changes, it is the Seller's responsibility to contact RutsCameras in advance and provide a new expected ship date. In all cases, if the Seller does not ship the item(s) on or before the expected ship date and a new ship date was not provided in advance to RutsCameras, RutsCameras reserves the right to cancel the order at any time and charge the Seller a late shipment fee, plus any costs RutsCameras incurs. These charges may include, but are not limited to, cost of replacement items, shipping rerouting charges, and refunds to the Buyer.

7. Completing the sale.

7.1 Transaction flow.

1) Buyer pays for the product and shipping (if applicable), through the third party payment gateway that the buyer/seller chooses to use.

2) Money goes directly into the seller’s account, minus any fees (if applicable).

3) Seller ships the product to the buyer

7.2 Dispute Resolution. After receiving the equipment, if a Buyer is dissatisfied with any part of the purchase, the Buyer must follow the rules for dispute resolution set forth in this agreement.

8. Your relationship with us.

8.1 Permission. As a Buyer, you grant the third party payment gateway permission to complete the transaction for the purchase of item(s).

8.2 Grant of License. You grant RutsCameras a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners and affiliated companies, any content you may provide to RutsCameras in connection with your use of RutsCameras and its Services. You agree that RutsCameras shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a RutsCameras user) in connection with the content in conjunction with RutsCameras’ marketing, promotion and publicity efforts in any media known now or in the future.

8.3 Release. RutsCameras acts as a marketplace only to allow buyers and sellers to interact regarding photography and video equipment. In all cases, the submission and confirmation of orders are transactions between Buyers and Sellers only. The fulfillment of confirmed orders, including delivery and shipment of photography and video equipment, is the responsibility of the Seller. If you have a dispute with one or more registered users, you release RutsCameras and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

8.4 Privacy. We use your information only as described in the RutsCameras Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

9. Prohibited Use.

9.1 Offline Transactions. You agree not to use the RutsCameras website to (a) contact other RutsCameras users, (b) invite contact with other RutsCameras users, (c) solicit sales outside of RutsCameras, or (d) initiate or engage in transactions (either purchases or sales) outside of RutsCameras. RutsCameras is not responsible for any damages or lost profits that result from RutsCameras users directly contacting other RutsCameras users or for any damages or lost profits resulting from transactions conducted outside of RutsCameras, including transactions that originate at RutsCameras and are taken offline.

9.2 Personal Information in Seller Comments. As a Seller, you agree not to place any personal information (including, but not limited to, addresses, phone numbers, or email addresses) in the listings.

9.3 Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any RutsCameras employee or customer.

9.4 Adult Materials. You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Site, directly or indirectly, and you agree not to use any names or other information found on or via this Site to do so.

9.5 Illegal Activity. You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the selling of photography and video equipment. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site.

9.6 Stolen Property. The sale of stolen property on RutsCameras is strictly forbidden, and violates state, federal and international law. RutsCameras strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on RutsCameras. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

9.7 Promotional Materials. The Buyer name and address information is provided to Sellers for the sole purpose of shipping the specific purchased item(s) and may not be used by the Seller for any other purpose, either in connection with such shipment(s) or separately from such shipment(s). If you are a Seller, you agree not to include in your shipment to the Buyer any promotional or other commercial material that is not provided or approved by RutsCameras. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than RutsCameras, catalogs, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason.

10. Consequences.

10.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your right to an item, your acquisition of an item, and the price you paid for an item.

10.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending you edit a listing) if: (a) you breach this Agreement or any document it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; or (d) we believe your conduct may cause legal liability for you, for other users, or for RutsCameras. You agree that payments owing to you for sales made through this Site may be suspended or delayed pending our investigation. RutsCameras is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.

10.3 Disclosure of Information. You agree that RutsCameras may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. RutsCameras will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

10.4 Making Adjustments. You authorize us to withhold payment for any amount you owe us if (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) you are not able to produce the exact items that you listed on the Site; (d) you deliver incorrect or misrepresented items for any order or portion of an order, (e) you fail to ship items by the expected ship date you provided without notifying RutsCameras in advance or (f) you otherwise owe us a specific amount. If any of these things happen, we may also deduct from any amount we owe you the amount you owe us.

11. Your warranties to us.

11.1 Accurate Descriptions. For all equipment you list as the Seller, you warrant that your descriptions of the item(s) accurately detail and describe what is offered for sale. If you, at any time, deliver invalid, fraudulent, or misrepresented items, RutsCameras reserves the right to cancel the order, return the item(s) to you, and hold you liable for any and all charges we incur to satisfy the Buyer under the terms of this agreement. These charges may include, but are not limited to, shipping rerouting charges, and refunds to the Buyer.

11.2 Other Information. You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.

11.3 Laws and Regulations. You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and selling value of the equipment. RutsCameras does not monitor, obtain, nor have any knowledge of the actual value of equipment listed on the Site.

11.4 Indemnity. You agree to indemnify and hold RutsCameras and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by RutsCameras and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site, including but not limited to your breach of this Agreement, or your violation of any law or the rights of a third party.

12. Disclaimers of warranties and limitations of liability.

12.1 No Warranty. Except for the express warranties stated in this Agreement, RutsCameras provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. RutsCameras makes no warranty with respect to its software, any equipment, the services RutsCameras provides, or that sellers or buyers will perform as promised, and RutsCameras expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

12.2 Waiver of Consequential Damages; Liability Limit. RutsCameras expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services or the site, or the suspension, termination or malfunction of the services or the site. RutsCameras’ liability to you or anyone else in any circumstance is limited to the lesser of (a) $100, and (b) the total dollar amount of all items you bought and/or sold via RutsCameras in the 12 months prior to the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you.

12.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.

12.4 Tax Indemnity. You agree that RutsCameras is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold RutsCameras and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by RutsCameras that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of RutsCameras.

12.5 Change or Suspension of Site. RutsCameras reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. RutsCameras is never, for any reason, responsible for items listed on the site that do not sell, including items that remain unsold during a site outage.

13. Additional terms that affect our agreement.

13.1 No Agency. You and RutsCameras are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

13.2 Notices. Except as expressly stated otherwise, all notices to RutsCameras shall be sent to the email addresses provided on the site. Our mailing address is P.O. Box 549, Northborough, MA 01532. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.

13.3 Governing Law; Arbitration. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts, U.S.A., without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Massachusetts, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. If we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Northborough, Worcester County, U.S.A.

13.4 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of RutsCameras, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. The subject heading at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.