Disclaimer of Warranties
THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH IMAGINE VIDEO SERVICES’ SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IMAGINE VIDEO SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IMAGINE VIDEO SERVICES MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMAGINE VIDEO SERVICES MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH IMAGINE VIDEO SERVICES’ SITE OR ADVERTISED THROUGH IMAGINE VIDEO SERVICES’ SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IMAGINE VIDEO SERVICES OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL IMAGINE VIDEO SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF IMAGINE VIDEO SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, IMAGINE VIDEO SERVICES’ SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.. YOU AGREE THAT THE AGGREGATE LIABILITY OF IMAGINE VIDEO SERVICES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $100 (US). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IMAGINE VIDEO SERVICES HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

BY SUBMITTING PHYSICAL MEDIA AND MATERIAL TO IMAGINE VIDEO SERVICES, CUSTOMER REQUESTS TRANSFER SERVICES DESCRIBED. CUSTOMER AGREES THAT THE LIABILITY OF IMAGINE VIDEO SERVICES, ITS AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO THE CUSTOMER’S FILM, VIDEOTAPE, OPTICAL DISK, MEMORY CARD, PHOTO PRINT, NEGATIVE, SLIDE OR OTHER MATERIAL, IS LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $100. CUSTOMER ALSO AGREES THAT IMAGINE VIDEO SERVICES, ITS AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO THE CUSTOMER FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.