Scope of application

1.1 The use of the services of ImaginationPhoto is subject to the conditions given below. The laws of United States apply exclusively in all other respects. The United States courts alone have jurisdiction in all litigation arising in connection with the utilisation of ImaginationPhoto.

1.2 The present General Terms and Conditions for Use of the Services of ImaginationPhoto are applicable to all services offered by ImaginationPhoto under this name via the Internet.

1.3 ImaginationPhoto reserves the right to amend the present Terms and Conditions without notice and to post their contents on its pages.

1.4 All orders submitted to ImaginationPhoto are subject to acceptance by ImaginationPhoto No binding contract shall be formed prior to such acceptance.

Utilisation of the services

2.1 The user must reply completely and accurately to the form that has to be completed when registering for the services. The user shall ensure that he or she follows the instructions contained in the ImaginationPhoto website (including in particular in the FAQs section there of). Payment by users in respect of orders must be made by credit card in advance and the ImaginationPhoto prices prevailing at the time of submission of the order shall apply.

2.2 The user shall ensure that his images respect valid laws, specifically the provisions of criminal law concerning pornography, violence and pedophilia, as well as the laws on intellectual property. Moreover, it is the duty of ImaginationPhoto to report any violation of criminal law.

2.3 ImaginationPhoto reserves the right not to process images whose contents are contrary to good morals. In this context, ImaginationPhoto is entitled not process images, even if they respect valid law.

Data confidentiality

3.1 ImaginationPhoto undertakes not to communicate personal customer data outside the company.

3.2 The personal customer data is used to send customers photos and goods and to contact customers about their orders.

Intellectual property

4.1 The entire contents of the website related to the service and of software (text, graphics, code) are the property of ImaginationPhoto or of the named companies. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorization of ImaginationPhoto.

4.2 Image archives transferred for processing to ImaginationPhoto remain the property of the user.

4.3 The user is deemed the "responsible publisher" and this bears sole responsibility for obtaining intellectual property rights relating to his images. ImaginationPhoto shall incur no responsibility whatsoever for abuse of printed images on the part of the user. Consequently, the user may only order photos with ImaginationPhoto and use those images if he has the necessary rights of use.

Responsibilities

5.1 ImaginationPhoto guarantees to do its utmost to ensure availability of the services of ImaginationPhoto. A temporary interruption of the services is, however, possible for technical reasons. ImaginationPhoto will make every effort to inform its customers as efficiently as possible about the nature and duration of any interruptions, but shall incur no liability whatsoever in the event that its services are unavailable. Similarly, ImaginationPhoto cannot guarantee the reliability and quality of the Internet outside its own premises.

5.2 ImaginationPhoto has a powerful infrastructure for saving data (personal data, images, etc.). This should make it possible to restore the integrity of the stored data, even in the event of a serious fault. However, ImaginationPhoto shall incur no liability whatsoever in the event of data losses. The user shall keep a safe copy of the transferred files on his side.

5.3 In the event of loss or damage to data storage medium or slides, the liability of ImaginationPhoto shall be limited to the replacement of the medium by new material of equivalent quality.

5.4 The user should note that he or she will be charged for ordered printing of an image even where the image submitted is of insufficient quality to produce a sharp, clear and/or true color image.

5.5 The indication of links to other sites is offered as a convenience for the user. In no case can ImaginationPhoto assume any guarantee as regards the contents of these sites, nor shall it incur any liability whatsoever in the event that a user has any complaints regarding these sites.

5.6 All delivery times and dates are estimates and ImaginationPhoto does not commit to any specific delivery times or dates. The liability of ImaginationPhoto in connection with the provision, non-provision or late or defective provision of services under these terms and conditions or the submission of images by users shall in no event exceed the price paid by the customer in respect of the relevant images for the relevant printing services.