Welcome to the Print@Kodak
service, provided to you in Australia by Kodak (Australasia)
Pty Ltd ABN 49 004 057 621 and in New Zealand by Kodak
New Zealand Limited ("Kodak") and its appointed agents.
These Terms of Service govern your use of the Print@Kodak
service. Your use of the Print@Kodak
service constitutes acceptance of these Terms of Service
and creates a binding legal agreement, so please read
them carefully.
Our Agents
Kodak has appointed a number
of its dealers to provide the Print@Kodak
service. In doing so, the dealers are acting as agent
for and on behalf of Kodak and not in their own right.
Trademark and Copyright
Print@Kodak
and all related graphics, logos and service names are
trademarks of Kodak and or its affiliated companies.
Third party trademarks used in connection with this
service are the property of their respective owners.
You are not entitled to use any trademark in connection
with any product or service without the express permission
of the owner of that trademark.
You should assume that all of
the content or other works made available to you through
the service including photographic images owned by third
parties (together, the "Content") is protected
by copyright or other proprietary rights. You are not
entitled to duplicate, create derivative works of, distribute,
display or perform any Content without the express permission
of the owner of that Content.
Your Copyright
Print@Kodak
respects the intellectual property rights of others.
If you believe your copyright in a work has been violated
through this service, please write to General Counsel,
Kodak (Australasia) Pty. Ltd. at 173 Elizabeth Street
Coburg Victoria 3058 for notice of claims of copyright
infringement. You must provide Kodak with the following
information, which Kodak may then forward to the alleged
infringer:
1. Describe the copyrighted
work that you believe has been infringed;
2. Identify the material
that you believe infringes your work, with enough
detail so that we may locate it ;
3. Provide your address,
telephone number, and email address;
4. Provide a statement that
you have a good faith belief that the disputed use
is not authorised by the copyright owner, its agent,
or the law;
5. Declare under oath that
(a) the information you have provided to us is accurate,
and
(b) you are the owner of the copyright interest involved
or you are authorised to act on behalf of that owner;
and,
6. Provide your physical or
electronic signature.
Upon receiving your complaint,
Kodak may terminate the participation of the person
who appears to be infringing your intellectual property
rights.
Kodak or its agents claim no
ownership rights in any image contained in any of your
photographs. For the sole purpose of fulfilling any
orders you make, you grant to Kodak and its agents a
non-exclusive, royalty-free license to use, copy, distribute,
and display those images. Top
Your Conduct
Unacceptable actions and content,
further described below, will constitute grounds for
blocking your access to our service, removal of posted
material and non-fulfillment of your order. As condition
of your use of this service, you shall not:
- (a) Upload, post, email
or otherwise transmit any content that is unlawful,
harmful, threatening, harassing, defamatory, obscene,
vulgar, invasive of another's privacy, hateful, or
otherwise objectionable;
- (b) Upload, post, email or
otherwise transmit any content that you do not have
a right to transmit under any law or under contractual
or fiduciary relationships (such as insider information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements) or any content that infringes
any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
- (c) Harm minors in any way;
- (d) Forge headers or otherwise
manipulate identifiers in order to disguise the origin
of any content transmitted through this site;
- (e) Upload, post, email or
otherwise transmit any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software;
- (f) Interfere with or disrupt
(or attempt to interfere with or disrupt) this site
or servers or networks connected to this site, or
disobey any requirements, procedures, policies or
regulations of networks connected to this site;
- (g) Exhibit expressions of
abuse, offensive language and imagery, obscenity,
or pornography, including, but not limited to, child
abuse, child pornography, depictions of minors engaged
in sexual conduct or explicitly sexual situations,
or any other material that could give rise to any
civil or criminal liability under applicable State
or Commonwealth law, or violating any laws or regulations
of any governing body having jurisdiction over Print@Kodak
, its affiliates or users.
No Monitoring of Content
Kodak does not control the content
of any user's images and does not have any obligation
to monitor such images for any purpose. All images provided
by a user of this service are the sole responsibility
of that user, not Kodak. Top
DISCLAIMER OF WARRANTY
AND LIMITATIONS OF LIABILITY
THE FOLLOWING STATEMENT
DOES NOT TAKE AWAY ANY RIGHTS YOU MAY HAVE UNDER THE
TRADE PRACTICES ACT OR EQUIVALENT STATE LEGISLATION.
To the extent permitted by law, this
site and all products and services provided by Kodak
are provided "as is" with no warranties whatsoever,
and all express, implied, and statutory warranties,
including, without limitation, the warranties of merchantability,
fitness for a particular purpose, and non-infringement,
are expressly disclaimed.
Kodak disclaims any warranties for
the security, reliability, timeliness, and performance
of this service.
You, the user, understand and agree
that the submission of any digital image to Print@Kodak,
and the download of any material through Print@Kodak's
service is done at your own discretion
and risk and that you will be solely responsible for
any loss or damage to your image, any loss of your image
and any damage to your computer system or loss of data
that may result in the download of any material.
In the event we agree the quality
of your print is not satisfactory, we will gladly reprint
the image for you. (Note the quality of the print is
dependent on the quality of the original image submitted
by you.)
Except as expressly provided
in the preceding paragraph, to the fullest extent allowed
by law, Kodak shall not be liable for any direct, indirect,
incidental, consequential, special, exemplary, and punitive
damages, even if Kodak has been advised of the possibility
of such damages. The foregoing disclaimers, waivers
and limitations shall apply notwithstanding any failure
of essential purpose of any limited remedy. No additional
liability or responsibility is accepted for handling
commercial, academic or professional work. Top
General Terms
All legal issues arising from
or related to the use of this service shall be construed
in accordance with the laws of the State of Victoria
(Australian customers) and the laws of New Zealand (NZ
customers). These Terms of Service constitute the entire
agreement between you and Print@Kodak
with respect to the use of this service. Print@Kodak's
failure to enforce any right or provision in these Terms
of Service shall not constitute a waiver of such right
or provision or of any other rights or provisions in
these Terms of Service. If a court should find that
one or more rights or provisions set forth in these
Terms of Service are invalid, you agree that the remainder
of the Terms of Service shall be enforceable and that
the invalid provision shall be enforceable to the fullest
extent permitted by law. All prices quoted are in Australian
dollars (Australian customers) or New Zealand dollars
(New Zealand customers), and unless otherwise indicated
include GST. Top
Privacy
Policy.