Blue Mountain Energy Ltd – Website Terms of Use Policy
Blue Mountain Energy Ltd operates this website to provide online access to information about Kodak Licensed Products, Services, and Opportunities that we provide. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site, any particular content, transactions or links to other websites are also posted in particular areas of the website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.
Blue Mountain Energy Ltd reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Kodak Solar Product and Kodak licensee (Blue Mountain Energy Ltd). No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Blue Mountain Energy Ltd as the Kodak Licensee reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
Copyright
The Site and the Content are protected by copyright laws and belong to Blue Mountain Energy Ltd, its partners, affiliates, contributors or third parties. The copyrights in the content are owned by Blue Mountain Energy Ltd or other copyright owners who have authorised 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 download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Blue Mountain Energy Ltd, for example in certain password-restricted areas of the Site). With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site.
Blue Mountain Energy Ltd, grants permission for use of Kodak solar product information (text and images of Services) for catalogues and brochures promoting the sale of Services and for non-commercial research, educational or journalistic purposes such as newspaper and magazine articles and textbooks. All other uses are prohibited. This permission does not cover the right to use the image of any person shown in a product information image. The right to grant such permission belongs to the person or organisation shown and Blue Mountain Energy Ltd is not able to grant such permission or to give any contact information about the person shown.
Sample Pictures
Blue Mountain Energy Ltd has included Sample Pictures on certain pages within the Site to demonstrate the capability of certain products. You may download, reprint and manipulate the Sample Pictures for this purpose, but you may not crop or change the composition of the image or use the image for commercial purposes.
Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
Links to Third-Party Web Sites
Links on the Site to any Blue Mountain Energy Ltd affiliate or third party (web sites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Blue Mountain Energy Ltd of the Third Party, the Third-Party web site, or the information contained therein. Blue Mountain Energy Ltd is not responsible for the availability of any such Third-Party web sites. Blue Mountain Energy Ltd is not responsible or liable for any such Third-Party web site or the content thereon. If you use the links to these Third-Party web sites, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those Third-Party web sites.
Downloading Files
Blue Mountain Energy Ltd cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Disclaimer of Warranties
OTHER THAN SPECFIC EXPRESS WARRANTIES PROVIDED IN THE DOCUMENTATION ACCOMPANYING ANY SERVICES, BLUE MOUNTAIN ENERGY LTD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. BLUE MOUNTAIN ENERGY LTD 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 SERVICES, OR THE CONTENT, FURNISHED OR TO BE FURNISHED VIA THE SITE. BLUE MOUNTAIN ENERGY LTD 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. BLUE MOUNTAIN ENERGY LTD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WARRANTIES FOR LICENSED PRODUCTS ARE PROVIDED BY THE RELEVANT KODAK LICENSEES (BLUE MOUNTAIN ENERGY LTD).
Limitation of Liability
IN NO EVENT WILL BLUE MOUNTAIN ENERGY LTD BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, 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 SERVICES, OR THE CONTENT, EVEN IF BLUE MOUNTAIN ENERGY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless Blue Mountain Energy , its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
Privacy
See Blue Mountain Energy Ltd Privacy Policy.
User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
User Supplied Information
Blue Mountain Energy Ltd does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Blue Mountain Energy Ltd the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
General Provisions
- Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Blue Mountain Energy Ltd of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Blue Mountain Energy Ltd therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Blue Mountain Energy Ltd does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- 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, Privacy Policy, your use of the Site, any other Blue Mountain Energy Ltd web site or afilliate, the Services, or the Content are governed by, and will be interpreted in accordance with the laws of the United kingdom of Great Britain and Northern Ireland
These Terms of Use were last modified Nov 4th, 2019.
