K5Imaging.com is for use by clients of K5Imaging, LLC and prospective clients only. The services offered on, or accessible through K5Imaging.com, or other related sites from K5 Imaging, LLC are made available to Clients (herein after described as "You" or "Client") subject to the following Terms and Conditions. By using these Services, you are agreeing to be bound by, and to comply with, these terms and conditions.
Changes to terms and conditions: K5 Imaging, LLC may change, add or remove portions of this Agreement at any time. In the event this occurs notification will be posted on the website of K5Imaging.com
(1a) User Name and Password: As part of the registration process, you will choose a User Name and Password. You must provide certain registration information as requested on the registration page, all of which must be accurate and updated. You may not (i) use a User Name of another person with the intent to impersonate that person; (ii) use a User Name in which another person has rights without such person's authorization; or (iii) use a User Name that K5 Imaging, LLC, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your Password.
(1b) Unauthorized Use: You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your User Name and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at K5 Imaging, LLC's sole discretion. You shall notify K5 Imaging, LLC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
(1c) Changes in service: K5 Imaging, LLC may change, suspend, or discontinue any aspect of the service at any time including the availability of any service feature, database, or content. K5 Imaging, LLC may also impose limits on certain features and services or restrict your access to parts or all of the service without notice.
(1d) Payments: Client shall pay all fees incurred through Client’s account arising from the use of this account by the Client or Client's authorized users. Payment shall be at the rates in effect for the billing period in which the fees are incurred and all fees and charges shall be billed to and paid for by you.
(1e) Valid Credit Card: Subscribers agree to use a valid, authorized credit card issued to the Client (or the Clients's paying organization) for all fees associated with the Client’s account, and to provide K5 Imaging, LLC updated credit card information as required.
(1f) Non-Payment: K5 Imaging, LLC reserves the right to freeze and/or cancel the Client’s account if it cannot receive payment or payment information is fraudulent.
(1g) Price changes: K5 Imaging, LLC reserves the right to change pricing at any time. Once a price has been set by K5 Imaging between the Client and K5Imaging that price may not change.
(2a) Client Representations: Client or you hereby indemnify, defend and hold harmless K5 Imaging, LLC from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you or any user of your account of this Agreement.
(2b) Client’s Own Risk: K5 Imaging, LLC does not represent or endorse the accuracy or reliability of the information displayed, uploaded or distributed through K5Imaging.com or related Sites by any user. You hereby acknowledge that use of the service is at your sole discretion.
(3a) Service Issues: Under no circumstances shall K5 Imaging, LLC be held liable for any delay or failure in performance resulting in directly or indirectly from acts of nature, or causes beyond its sole control. K5 Imaging, LLC shall not be liable to a Client or any of its users or customers for any damages which may be suffered by a Client or their users and/or customers including, but not limited to, losses or damage of any and every nature, resulting from loss of data, inability to access the internet, or inability to transmit or receive information, caused by or resulting from, delays, non-deliveries, or service interruptions whether or not caused by fault or negligence of K5 Imaging, LLC Client and their users and/or customers agree to indemnify and hold harmless K5 Imaging, LLC from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from usage by Subscriber or any of its users and/or customers.
(3b) Accuracy of Data: K5Imaging will not assume responsibility for accuracy of the information on the items printed by us for you. It is the responsibility of the Client to ensure that Names, places, dates, and content within the item being printed are accurate.
(3c) Proofs: In many cases proofs may be requested. It is the responsibility of the Client to sign off on the proof to ensure that any product meets or exceeds the proof’s overall quality.
(3d) Copyright and Trademarks: It is the clients responsibility to ensure that the content being printed is free from any Trademark claim and that they claim this to be their own work.
(3e) K5 Imaging will not copy/print materials that are subject to an entity’s copyright or trademark.
K5 Imaging, LLC disclaims any and all responsibility for any harm resulting from downloading or accessing any information or material from K5 Imaging or related sites.
K5 Imaging, LLC makes absolutely no warranties whatsoever expressed or implied for the service it is providing.
Services are provided "As is" without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of the site.
In no event will K5 Imaging, LLC or any person or entity involved in creating, producing or distributing the K5Imaging.com offering or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the site. You hereby acknowledge and agree that the provisions of this section shall hereby apply to all use of services offered and content of the site.
The limitations set forth above are fundamental elements of this agreement and the offerings would not be provided to you absent such limitations. Some state laws might apply regarding limitation of liability.
The above disclaimer of liability applies to any damages or injury cause by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortious behavior (including strict liability), negligence, or under any other cause of action. You specifically acknowledge that K5 Imaging, LLC 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.
All responsibility or liability for any damages caused by viruses contained within the electronic files or in the offerings is disclaimed.
Should you violate these terms and conditions or any other rights of K5 Imaging, LLC, K5 Imaging, LLC reserves the right to pursue and all equitable remedies against you, including, without limitation, terminating any and all user accounts on K5Imaging.com or related sites.