LIMITATION OF LIABILITY
At Hong Kong Imaging we take every possible step to protect the originals entrusted to us by our customers. However, neither HKI nor its service providers shall be liable for any losses or damages arising from the services we provide.
Should any type of damages or losses occur to the physical materials of the customer at any time while these materials are in our possession, including during transportation, storing, inspecting, scanning, mounting, framing, packaging, shipping, displaying, etc., the customer assumes the risks, financial and otherwise, stemming from any such losses or damages. If Hong Kong Imaging loses or damages any of your physical items, you acknowledge and agree that your sole and complete remedy from Hong Kong Imaging for any such loss is limited to the amount paid, if any, for the performance of the service related to the individual items that have been lost or damaged. If the damaged item is a print produced by us, we may offer to either reprint or refund the print cost, and that decision will be based on our sole discretion.
The term “physical materials” refers to any type of items, such as artworks, photographs, prints, books, documents, fabrics, or any other two- or three-dimensional items of value.
INDEMNIFICATION
You also agree to indemnify, defend and hold harmless Hong Kong Imaging, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products, Site or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your breach or any representation or warranty contained in these Terms: (iv) your Submitted Materials; (v) your violation of any rights of any other person or entity; or (vi) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. HKI reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.