Terms  and Conditions of Service

By completing any online or offline purchase transaction and/or by initiating a conversation or transaction in person, via phone, email or fax, you are considered a "Client", and as a Client, you agree to be legally bound by these Terms and Conditions, including any terms and conditions incorporated by reference including custom terms per Client request that may be expressly communicated in person or via phone, email or fax. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not initiate a transaction with Images Marketing, and may not use our online shopping features and/or initiate any transactions through our Website. For custom terms please contact us directly via the email referenced on the Contact page of our Website. We will work with you to create mutually-acceptable terms.We reserve full rights to revise these Terms and Conditions at any time by updating this posting. The Client/visitor/user is ultimately responsible for referring to this site's Terms and Conditions and Privacy Statement. We do not send email updates for changes to our Terms and Conditions or Privacy Statement. If you are a regular visitor to this site, we suggest you bookmark this page and/or refer to it at least every 60 days and that you refer to it prior to initiating any transactions. The current Terms and Conditions are binding regardless of the Terms and Conditions that were in force for prior transactions you may have executed in the past.In these Terms and Conditions, the website www.imagesmarketing.com and all services inherent in it, including but not limited to all text, images, photographs, web pages, design, data and all other content and layout are referred to as the "Website" or the "Service".

1. Website.

(a) Description. The Images Marketing Service is an online service where individuals or entities can initiate service transactions. Clients will be provided the Service according to the Packages chosen by Client as detailed in Section 1(f). Worked performed on behalf of the Client will be created iteratively through a cycle of proofs ultimately resulting in a final output conforming to Client's various instructions and subject to the Images Marketing approval process.

(b) Client Requirements. Each Client is solely responsible for providing detailed requirements for each of its transactions. Images Marketing is under no obligation to review/critique a transaction request for any purpose (other than to execute the transaction), including accuracy, completeness of information, quality or clarity. Images Marketing will execute the deliverables for the transaction to the best of our ability.

(c) Timeliness. When Images Marketing provides a proof or deliverable to a Client, the Client shall review the proof or deliverable in a timely manner. If a Client fails to promptly inform Images Marketing that the proof or deliverable is not reasonably representative of the documented requirements for the transaction, the Client will be deemed to have accepted the proof or deliverable. If a Client notifies Images Marketing that the Client thinks a proof or deliverable is not reasonably responsive to the documented requirements, the Client shall submit in writing information regarding amendments or modification to be made.

(d) Responses. Images Marketing is not responsible for the content of Responses developed to the extent that such responses are based in conformity with Client's specifications. The Client will release from liability and hold harmless Images Marketing for providing responses that conform to the Client specifications.

(e) Iterations. Revision cycles generally consist of additional compositions and/or modifications that incorporate changes requested by the Client in the iterative proofing process. The purpose of the process is to create new proofs that more closely fit the direction as determined by the client. The client may request significant changes in the 1st iteration, and the revisions might be quite different in nature from the original composition chosen. By the 2nd revision request, Client's requests shall be modifications of the current composition only. Revisions that depart from the current composition will be honored and completed in the same timely manner, however; Images Marketing reserves the right to charge $90 an hour in quarter hour increments for each such iteration. No revision work, which requires payment, will be started without authorization from Client.

(f) Client Accounts and Payment.

a. Payment. Clients initiating a transaction must pay for the Service via the online shopping cart at the time the Service is initiated, or via other payment method expressly authorized by Images Marketing Client's will be charged for the offering(s) selected during the online transaction process or via custom proposal. If the Client is paying for the transaction via credit card, the Client is required to provide a valid credit card number and the credit card billing address. The client may also be required to set up a login ID and password, depending on the Service chosen. Images Marketing or the Third-Pary provider will email Client a receipt for the transactions in which Client is involved.
b. Third-Party Services and Fees. Client may initiate a transaction that requires the use of a Third-Party service. These Services will be identified as such and must be paid in full before Images Marketing will secure the Third-Party Service. Some Third-Party Services may incur a small handling fee. Third-Party Services are non-refundable through Images Marketing This does not preclude the Client from seeking a refund from the Third-Party service directly, however, Images Marketing in now way will be held responsible or liable for any Third-Party fees or for the delivery of Services required of these Third-Parties. If the Third-Party failed to perform to a fair and reasonable level, Images Marketing will make available to the Client any appropriate documentation in the possession of Images Marketing that will aid the Client in securing a full or partial refund.

c. Refunds. If Client is not satisfied with the initial proof or deliverable provided by Images Marketing, the Client may request a refund by submitting a refund request via email or fax according to the contact information on the contact page of the website, such request to be received within 3 business days/72 hours of the client's receipt of the proof/deliverable. The refund request is to include the reason for the refund request in sufficient detail for Images Marketing to determine if Services were not rendered according to the Client requirements. Upon receipt of the completed refund request, and at its sole discretion, Images Marketing will refund the total payment made by Client, less a fee equivalent to the credit card processing fee applied to the Service, with a minimum of $30. Images Marketing will not refund fees of Third-Parties, however, will make available to the Client any appropriate documentation in the possession of Images Marketing that will aid the Client in securing a refund. If the reason for the refund request is the failure of a Third-Party to perform, and if Images Marketing has provided direct services, Images Marketing will, at its sole discretion, provide a refund equal to the pro-rated amount of unfinished services delayed or cancelled by the failure of the Third-Party to perform.Once Client requests additional revisions for any of the initial proofs or deliverables, Client shall forfeit the right to the refund as outlined above. Acceptance of such refund shall constitute Client's sole and exclusive remedy with respect to a refund request. Should Client receive such refund, Client acknowledges that it will have no right (express or implied) to use ANY proofs or deliverables or other work product, content, or media, nor any ownership interest in or to the same. Images Marketing will expressly retain all rights to the deliverable with the exception of proprietary content such as words and trademarks provided by the Client.

d. Timeline. Client agrees to provide timely responses to Images Marketing Unless other arrangements have been made in writing, such writing to include correspondence, email and fax, Client shall have 3 business days or 72 hours to respond to each set of proofs submitted to Client for review. If after 5 days the Client has failed to so respond, Images Marketing will send a reminder email. If after 10 days the Client has failed to respond, Images Marketing will assume the Service complete and the Service shall be deemed to be complete. At such time, Images Marketing will have no further obligation to Client for that Service, and, if not already paid, the Client shall pay Images Marketing all fees and expenses associated with the project.

(g) Packages. Client may select from a variety of Service packages as outlined on the Website. These package offerings may change from time to time at the sole discretion of Images Marketing It is the Client/visitor/user's responsibility to download/print/ a copy of the Service outline for the Service selected by the Client at the time of the transaction initiation, and this shall be the governing outline regardless of what Services may currently be offered via the Website. At all times, Services obtained via the Website will be governed by these Terms and Conditions regardless of what exact services/deliverables the Service includes.

2. Eligibility, Authorization, Prohibited Uses and Availability.

(a) Eligibility Requirements. To initiate a transaction with Images Marketing, you must be at least 18 years of age, and you must agree to these Terms and Conditions and the Privacy Policy as posted on the Website at the time you initiate the Service. You may be required to complete a registration procedure, depending on the Service selected. By initiating a transaction with Images Marketing, the Client represents and warrants that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. Images Marketing may accept or reject your registration in its sole discretion. The Service is not directed to children under the age of 18. Services for children under the age of 18 must be placed by their parent or guardian.

(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Website. Any use of the Website is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Website on an internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Website. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, you may not display or print the Website and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Website. To do so may constitute copyright, trademark, or intellectual property infringement, and may be prosecuted to the full extent of the law. Creative works displayed on this Website remain the property of their respective owners and are posted with permission that is documented in writing. This permission is not transferable to any Client or Third-Party.

(c) Prohibited Uses. You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Images Marketing. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (ii) delete or revise any material or other information of any other user or Images Marketing; (iii) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on this site; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism(including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Images Marketing on this Website and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Website; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Images Marketing will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Images Marketing reserves the right to review postings on the Website, to remove any postings, and to terminate your ability to communicate with, or post to, the Website at any time without notice, in its sole discretion. Images Marketing will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Website but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

(d) Operation of Website. Images Marketing shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Website. Images Marketing reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although Images Marketing intends to use commercially reasonable efforts to make the Website and Service accessible, Images Marketing makes no representation, warranty or covenant that the Website or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. Images Marketing may at any time discontinue the Website in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Images Marketing shall not be responsible for any loss, cost, damage or liability that may result.(e) Electronic Communication. Images Marketing shall not be responsible for any delays or interruptions of its Third-Party hosting service, its Internet Service Provider, the Internet backbone or portions thereof, or its POP3 email provider. Although Images Marketing intends to use commercially reasonable efforts to remain accessible at all times, Images Marketing makes no representation, warranty or covenant that the Service will be available at all times or at any time. Various circumstances may prevent or delay availability including but not limited to the failure of a Third-Party infrastructure provider, or the Internet backbone. Images Marketing may at any time discontinue the Website in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other characteristics. Images Marketing shall not be responsible for any loss, cost, damage or liability that may result.(f) Force Majure. Images Marketing shall not be responsible for any delays or interruptions of any Service that is directly or indirectly affected by an Act of God, Force Majure or geographical, political or infrastructure failure. Reasonable attempts will be made at all times to provide the Service, however, Images Marketing makes no representation, warranty or covenant that the Service will be available at all times or at any time. We will make every attempt to offer for refund any transactions placed immediately prior to a Force Majure where the Force Majure impacts our ability to deliver the Service in a reasonable time frame or quality.

3. Responsibility for Content; Other Representations, Warranties and Covenants.

(a) Company. Images Marketing shall not be responsible for any use that is or is not made of the Website or the Service. Without limiting the foregoing, Images Marketing makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any correspondence or communication (as defined below)) that are communicated through, or posted to, the Service, whether by Members, Clients, Images Marketing or otherwise, nor does Images Marketing endorse any opinions expressed by any user of the Website, including any Member or Client. Without limiting the foregoing, Images Marketing makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement.You acknowledge that any reliance on information or other material, including, without limitation, any Service, job, deliverable or proof, communicated through the Service, or posted to the Website will be at your own risk. Without limiting the foregoing, each Client agrees and acknowledges that it uses each Service, job, deliverable or proof at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of such will infringe any third party property, privacy or publicity rights including, but not limited to, trademarks, copyrights and intellectual property rights.(b) Confidentiality. Images Marketing recognizes that it may be required to access to information which is confidential or of a proprietary nature to Client. Images Marketing agress that all such confidential or proprietary information disclosed by Client to Images Marketing shall remain strictly confidential and Images Marketing shall not use or disclose to others such confidential information without Client's prior written consent. "Confidential Information" shall mean all technical or business information of a proprietary nature wheterh patentable, copyrightable, or otherwise, that is reasonably deemed confidential by Client. Client shall mark any confidential information as "Confidential" in a conspicuous place to be deemed confidential. A conspicuous place is preferably on the front page of any documents or schematics and any following pages. Nothing in this agreement obligates Images Marketing to divulge to Client any information which Images Marketing has previously undertaken an obligation of confidence for the benefit of any party other than Client.(c) Representations. Nothing in this agreement and nothing in Images Marketing's statements to Client can or shall be construed as a promise or guarantee about the successful outcome of the consulting or creative servicesto be provided in the Service. Client acknowledges and agrees that the accomplishment of the goals established for this engagement will require each party to fully cooperate with the other party to fulfill its role and perform its obligations in a timely manner with personnel qualified to perform the tasks assigned and to coordinate its efforts with the efforts of the other party, and that all Services provided will the the result of the parties' joint input and efforts. Accordingly, Client has the right and also the responsibilty to make decisions with respect to such services and their implementation with respect to its business, and Images Marketing makes no representation or warranty with respect thereto.(d) Tertiary Deliverables. While Images Marketing may provide from time to time certain hardware, software or other items to Client, Images Marketing is primarily providing services under this agreement, and the provision of such other items is an indicidental part of such services. Images Marketing makes no representations or warranties, statutory or implied, to Client or any other person with respect to such services or items to be provided by Images Marketing pursuan to this agreement, including wihtout limitations any warranteies regarding ownership, merchantability, suitability, capacity, originality, fitness for a particular or other purpose (irrespective of any previous course of dealing between the parties or custom or usage of trade) or results be derived from the use of services.

4. Ownership; Rights to Use.

(a) Website and Service. Except as expressly contemplated under this Agreement, as between Images Marketing and you/the Client, Images Marketing will own all rights, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Website and Service, in all media now known or later devised, to the full extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Website or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Images Marketing, including "Images Marketing", without the prior written consent of Images Marketing in its sole discretion for each such use. To do so will constitute infringement which at our sole discretion will be prosecuted to the full extent of the law.

(b) Proofs and Deliverables. Upon submission of your customer requirements or any other information or media provided by Client in connection with Client's use of the Service (collectively, the "Client Information"), Images Marketing and its agents shall have all rights and licenses necessary to use such Client Information for purposes of creating proofs and deliverables as well as for archival purposes.

(c) Rights of Images Marketing. Upon Client's initiation of a Service and subsequent submission of Client Information, Client grants Images Marketing and its agents a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide Client with the Service and Responses.

(d) Rights of Clients. Subject to Client's compliance with the terms and conditions of this Agreement, Client shall own final approved deliverable(s) provided to Client by Images Marketing hereunder. Client shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final composition, with such right, title and interest expressly reserved to Images Marketing. Client acknowledges and hereby grants to Images Marketing the right to use Client Information, as well as individual Responses provided to Client, for internal and archival purposes, and in order to display and promote the Images Marketing Service. Client acknowledges that its rights under this Agreement shall be limited solely to the final approved deliverable(s), and that no trade or service marks in or to such final deliverable (s) are being conveyed under this Agreement. The Client further acknowledges that Images Marketing shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the proofs and/or deliverables. Accordingly, Client is encouraged to perform its own independent searches with regard to the proofs and/or deliverables, or to contact Images Marketing to secure additional and optional intellectual property service. Furthermore, Client acknowledges that Images Marketing shall have no responsibility or obligation of any kind to assist Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration), nor shall Images Marketing be responsible in otherwise assisting Client in any way in Client's perfection of Client's rights.


5. Registration, Password, User Identity.

(a) Your User Identity. When you register as a Client, you may or may not be required to create a user identity (your "User Identity"), which will be your identity for purposes of interacting with other users through the Website. You are responsible for ensuring that you are comfortable submitting your personal information. For more information on how your personal information may be used, please refer to our Privacy Statement.

(b) Security Breaches and Revision. If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Images Marketing. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

6. Nondisclosure and Privacy.

(a) Privacy. Images Marketing intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at Images Marketing's sole discretion. Notwithstanding the foregoing, Images Marketing cannot and does not assume any responsibility or liability for any information submitted to the Website or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

7. Disclaimers; Limitations of Liability.

(a) Generally: Release from Claims. The Service serves solely as a venue for the creation of work and Images Marketing does not screen or censor any information or material posted to the Website. Although Images Marketing makes commercially reasonable efforts to determine the identity of Clients, Images Marketing cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because Images Marketing does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website, if you have a dispute with one or more users, you release Images Marketing (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a resident of a state with an express civil code ( such as California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." ) you hereby waive those rights by initiating an order with Images Marketing.

(b) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." Images Marketing MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE, INCLUDING ANY PROOF, DELIVERABLE, "JOB", CUSTOM TERM SHEET, USER IDENTITY OR LINKED CONTENT. Images Marketing DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Images Marketing DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii)WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OROMISSIONS BY Images Marketing OR ANY THIRD-PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THENEEDS OR REQUIREMENTS OF ANY OTHER PERSON.(c) Limitation of Remedy. NEITHER Images Marketing NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW.(d) Exclusion of Consequential Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD-PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THESERVICE) EVEN IF Images Marketing OR ANY THIRD-PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

8. Indemnification.a) Hold Harmless: Upon a request by Images Marketing, you agree to defend, indemnify and hold harmless Images Marketing and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions or your use of the Website, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.

9. Links to Third-Party Services. a) Linked Content: The Website may contain links to third party web sites or other services (the "Linked Content"). The Linked Content is not under the control of Images Marketing and Images Marketing is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Images Marketing is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Images Marketing of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.10. Termination.
a) Termination: Images Marketing reserves the right, in its sole discretion, to terminate Client's access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, Images Marketing will work with Client to determine the amount of any refund (if any) to be paid to Client as a result of such termination. Should Client's use of the Service result from Client's material breach of the terms and conditions of this Agreement, or any other agreement to which Images Marketing and Client are a party, Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.11. General.
a) These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Images Marketing (e.g., privacy policy) as a condition precedent to Client's use of the Service), between you and Images Marketing regarding the subject matter of these Terms and Conditions. No modification, amendment, or waiver of these Terms and Conditions or Use or any part of them shall be binding unless evidenced in writing and signed by Images Marketing. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions shall be governed by the substantive law of the State of Florida, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. b) Arbitration: Except in the case of bankruptcy and the rights of either party to file a proof of claim, all disputes arising in connection with this agreement or any Service provided by Images Marketing shall be resolved by arbitration in Naples or Ft. Myers, Florida in accordance with the rules of the American Arbitration Association. The parties mutually agree not to disclose the existence of any dispute or the terms of any settlement to any things party (except to the extent necessary to eah party's respective legal counsel.) Accordingly, the parties agree and acknowledge that a violation or threatened violation of this nondisclosure covenant will cause irreparable injury to the other party and that, in additiobn to any other remedies that may be available, in law or in quity or otherwise, the non-breaching party shall be entitled to obtain injunctive releif agaist the threatened breach of this covenant of the continuation of any such breach by the other party. In addition, if a court determines that the Client has breached this agreement, the Client shall pay the other a liquidated sum equal to one half of the aggregate amound of fees having been paid to date to Images Marketing. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the courts having jurisdiction in Florida. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Images Marketing agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Images Marketing may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Images Marketing of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

Please contact us for a large-print version of our Ts&Cs)Link to Privacy Policy