Terms and Conditions

                                                                                      (Last update: 19 May 2010)

THIS SITE IS OWNED AND OPERATED BY : IMAGE MAGIC DIGITAL PRINTING SERVICES

The following chapters are included in the TERMS & CONDITIONS

• INTRODUCTION
• USE OF SITE
• COPYRIGHT
• SAMPLE DESIGN AND TEMPLATE
• EXTERNAL LINK
• CONDUCT OF USE
• DOWNLOADING FILES
• USE OF SOFTWARE
• DISCLAIMER
• LIMITATION OF LIABILITY
• INDEMNIFICATION
• PRIVACY POLICY
• MEMBERSHIP TERMS AND CONDITIONS
• GENERAL PROVISIONS

1. Introduction

Image Magic Digital Printing Services offers graphic design templates and printing for the corporate and private consumer market. Other services include being able to store printed material from previous orders, images, pictures and logo on the Image Magic Digital Printing Services’s websites.

Image Magic Digital Printing Services (“IMAGE MAGIC” “us” “our” “we”) operates this Site to provide online access to information about IMAGE MAGIC and the products, services, and opportunities we provide (the “Service”). By accessing IMAGE MAGIC’s World Wide pages, you agree to the following Terms & Conditions set forth herein (“Terms & Conditions”). Additional terms & conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms & Conditions, govern your use of those areas, content or transactions. These Terms & Conditions, together with applicable additional terms & conditions, are referred to as this “Agreement.” If you do not agree to the following terms & conditions, please notice that you are not allowed using this site.

Image Magic reserves the full right to make modifications or changes of this Agreement at any time without prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby by reference into these TERMS & CONDITIONS.  Any legal entity or private person that accesses this site should review these TERMS & CONDITIONS each time of access to this Site. The last date these TERMS & CONDITIONS were revised is set forth below.

2. Use of Site

You may use the Service, the Site, and the information, text, graphics, photographs, document layouts, artwork, writings, images and/or other information that you see, hear or otherwise experience on the Site (the “Content”) solely for your noncommercial, personal purposes and/or to learn about IMAGE MAGIC products and services. No right, title or interest in any Content is transferred to you, whether as a result of copying such Content or otherwise.

IMAGE MAGIC reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, distribute, publish, alter, copy, distribute, transmit, or derive another work from any portion of the Content obtained from the Site or the Service, except as expressly allowed in these TERMS & CONDITIONS.

3. Copyright

The Site and the Content are protected by Malaysian/or foreign copyright laws, and belong to IMAGE MAGIC or its subsidiaries or the copyrighted property of parties from whom IMAGE MAGIC has licensed such property. The copyrights in the Content are owned by IMAGE MAGIC or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may reprint Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by IMAGE MAGIC). With the exception of the Sample Design and Template, you may not manipulate or alter in any way images or other Content on the Site without specific permission from IMAGE MAGIC or the copyright owner.

4. Sample Design and Template

IMAGE MAGIC has included Sample Design and Template on certain pages within the Site, to demonstrate the application and convenience of its products and services. You may print, reprint and manipulate the Sample Design and Template for this purpose, but you may not crop or change the composition of the image, or use the image for commercial purposes. Any other use requires specific permission from IMAGE MAGIC or the copyright owner.

IMAGE MAGIC can at any time without prior notice add to, delete from, or modify any part of the Content. All Sample Design and Template created using the design tool of the Site can be made available for use by other parties in the future. You do not obtain any right or claim to any of the Sample Design and Template through your creation of a template and/or your incorporation of a Sample Design and Template into one or more products. Other IMAGE MAGICcustomers may use the design tools to create designs (e.g. logos or business card) that have similar or identical combinations of these Sample Design and Template and IMAGE MAGICdoes not guarantee that your design will not have similarities to designs designed and used by other parties. IMAGE MAGICprovides no warranty of any kind that designs created using the design tools will not infringe, or be subjected to a claim of infringing the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the design is legally available for your use and does not infringe the rights of another party.

You may use this Site and its Content for the sole purpose of creating, designing, and ordering products or services (referred to herein as "Products") solely through IMAGE MAGIC. No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Apart from the finished Products as they are supplied by IMAGE MAGIC, you are not entitled to use any portion of the Content from IMAGE MAGIC.

5. External Link

Links on the Site to third party web sites or information are provided for your convenience. If you use these links, you will leave the Site. IMAGE MAGIC does not endorse, sponsor, recommend, verify, or attest to the accuracy of the content of the web sites that are linked and accepts no responsibility for their use or content.If you use the links to the websites of IMAGE MAGIC affiliates or service providers, you will leave the Site, and will be subjected to the terms of use and privacy & security policy applicable to those websites.

6. Conduct of Use

You agree to use this Site in a responsible manner that is in full compliance with these TERMS & CONDITIONS and with your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.

IMAGE MAGICmay terminate its service to customers found to be using IMAGE MAGICto engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.

By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize IMAGE MAGICto produce the Products on your behalf.

7. Downloading Files

IMAGE MAGIC cannot and does not guarantee or warrant that files or software available for downloading through the Site will be fully compatible, free of infection by software viruses or other harmful computer code, files or programs.

8. Use of Software

Any software available for download via the Site is the copyrighted work of IMAGE MAGIC and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

9. Disclaimer

IMAGE MAGIC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT.

IMAGE MAGIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. IMAGE MAGIC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. IMAGE MAGIC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THECONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

10. Limitation of Liability

IN NO EVENT WILL IMAGE MAGIC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF IMAGE MAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

11. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree that you shall indemnify, defend and hold harmless IMAGE MAGIC, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, officers, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, liability, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and expenses arising out of or related to (i) your breach of these TERMS AND CONDITIONS or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

12. Privacy Policy

You confirm that you have read, understood and agree to the imagemagic.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by imagemagic.com , its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the imagemagic.com Privacy Policy. If you are not a resident of the Malaysia, please note that the personal information you submit to the Site will be transferred to the Malaysia and processed by imagemagic.com in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

13. Membership Terms & Conditions

You confirm that you have read, understood and agree to the imagemagic.com Membership Terms & Conditions (as set forth in the Membership Terms & Conditions), the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. 

14. General Provisions

a. Entire Agreement/No Waiver. These Terms & Conditions constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by IMAGE MAGIC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be completed or current. IMAGE MAGIC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. IMAGE MAGIC does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, IMAGE MAGIC’s Privacy & Security Policy, your use of the Site, any other IMAGE MAGIC website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of Malaysia, without regard to any conflict of laws provisions.

© Copyright 2010, IMAGE MAGIC DIGITAL PRINTING SERVICES. All rights reserved.