IMAGE-ination Pty Limited ("IMAGE-ination").
Intellectual Property And Restrictions On Use Of Content
All information, text, material, graphics, software and advertisements on the IMAGE-ination website ("Content") are Copyright 2004 IMAGE-ination Pty Limited. The Content is protected by Australian and International copyright and trademark laws. Content on the website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on the website or expressly authorised in writing by IMAGE-ination or its affiliates.
Disclaimer And Limitation Of Liability
The Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by IMAGE-ination of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). IMAGE-ination does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) IMAGE-ination and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) IMAGE-ination does not warrant that the functions contained in any Content or any Communications Facility or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits content to you are free of viruses or any other harmful components, d) IMAGE-ination does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not IMAGE-ination) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.
Under no circumstances (including but not limited to any act or omission on the part of IMAGE-ination) will IMAGE-ination or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any content. You expressly acknowledge and agree that Image-ination does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, IMAGE-ination's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of IMAGE-ination to the following:
In the case of services supplied or offered by IMAGE-ination, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by IMAGE-ination, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
IMAGE-ination Pty Ltd makes best efforts to backup all data for a reasonable period of time (2 months) using best industry practices. However, in the unlikely event that data is neither retrievable nor backed up IMAGE-ination Pty Ltd is not responsible to provide replacement images and a chargeable re-shoot will be organised at the earliest convenience.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.