Before using any of ImagineBooks services (“ImagineBooks”, or “us”), read these Terms
(“Terms”) they will govern your rights and usage of ImagineBooks services. If you do
not agree to the terms, please do not use our services, if you wish to use ImagineBooks
Service, these terms will constitute a binding agreement between you and ImagineBooks.

ImagineBooks maintains the right to change these Terms and you agree to be bound by
such changes if you use our services after we make any such changes.

Software
By downloading, using or installing this software product (also known as My Photo Books
and/or My Photo Cards and/or My Photo Creations hereafter referred to as the "Software"),
you are agreeing to be bound by the terms and conditions of this Agreement. “You” shall
mean any individual or entity using or installing the Software (hereafter referred to as
the “Licensee”)

This Agreement is the complete statement of the contractual terms between the parties on
the subject matter, and merges and supersedes all other agreements or prior understandings,
purchase orders, agreements and arrangements.

You agree that Imagine Books have made no representations as to the services provided under
this Agreement that have not been included in this Agreement.

The output
You agree that you will not include in any of your outputs sent to us for printing (calendars,
cards, books etc) any images, text etc (“material”) that:-

(a) could give rise to any civil or criminal liability under applicable law; or

(b) is abusive, obscene, pornographic or inappropriate or profane material; or

(c) promotes racism, hatred, bigotry, or harm against any group or person; or

(d) could infringe any legal rights including rights for privacy, copyrights or other
    intellectual property rights

Though ImagineBooks is not responsible for the content of any print and does not usually review
outputs send to print by us we reserve the full right to refuse to print at our sole discretion
any output we deem inappropriate, or in violation of copyright or trademark laws.

Copyright notice
COPYRIGHT LAWS GOVERN THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED
MATERIAL. PHOTOGRAPHES ARE PROTECTED BY COPYRIGHT LAW. THE UNAUTHORIZED
REPRODUCTION OR DISTRIBUTION OF SUCH COPYRIGHTED MATERIAL IS ILLEGAL.

You warrant that the subject matter to be printed or published using any of ImagineBooks services
or products is done with full compliance of copy right law, and agrees to indemnify and hold
ImagineBooks harmless for all liability, damages, and legal fees that may be incurred in any
legal action connected with the above.

Indemnification
You agree to indemnify, defend and hold ImagineBooks, its officers, directors, employees, agents,
licensors, suppliers and any third-party harmless from and against all claims, liabilities,
losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any
violation of the Terms, or any claim related to infringing third party intellectual property rights.

Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause
of action.

Governing Law
The parties agree that these Terms and any claims hereunder shall be governed by and subject to the
laws of the state of Victoria, Australia.

Disclaimer of warranties
THE SERVICE, CONTENT PROVIDED BY IMAGINEBOOKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IMAGINE BOOKS MAKE NO WARRANTY THAT THE
WEB SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE
OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IMAGINEBOOKS MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR
THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE,
GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH OUR SITE OR ADVERTISED THROUGH
OUR SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR
SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of liability
IMAGINEBOOKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR:-

(a) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT,
    TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF IMAGINEBOOKS HAS BEEN
    ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

(b) THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, IMAGINEBOOKS
    SITE OR SERVICES;

(c) FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR
    ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO
    HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(d) YOU SPECIFICALLY ACKNOWLEDGE THAT IMAGINEBOOKS IS NOT LIABLE FOR THE DEFAMATORY,
    OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF
    INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(e) ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO
    OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.

YOU AGREE THAT THE AGGREGATE LIABILITY OF IMAGINEBOOKS TO YOU FOR ANY AND ALL CLAIMS
ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO
IMAGINEBOOKS FOR ACCESS TO AND USE OF THE SITE OR SERVICE.

YOU AGREE THAT IMAGINEBOOKS SHALL NOT BE LIABLE FOR ANY LOSS OR EXPENSE ARISING AFTER
SEVEN DAYS FROM DELIVERY OF THE PRODUCT AFTER WHICH THERE SHALL BE DEEMED TO BE
UNQUALIFIED ACCETPANCE OF THE PRODUCT.

IMAGINE BOOKS SHALL NOT BE DEEMED TO BE IN BRACH OF ANY AGREEMENT AS A RESULT OF FORCE
MAJEUR which shall include ANY CAUSE BEYOND THE REASONABLE CONTROL OF IMAGINE BOOKS

LIABLE
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision most closely matching the intent
of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and
supersede all other communications, written or oral, with regard to the Service. The failure of
ImagineBooks to enforce any right or provision of these Terms will not be deemed a waiver of such right
or provision.