Fotech Terms and Conditions

Introduction

Welcome to the website of the Fotech Group Limited, together with its affiliates, which

includes subsidiaries and entities that Fotech Group operates (collectively, “Fotech,” “we,” or “us”). The following terms and conditions, together with Fotech’s Privacy Policy found here (collectively, these “Terms”), govern your access to and use of any website where these Terms are posted, including any content, functionality, and services offered on or through those websites (collectively, the “Site” or “Sites”).

Please read these Terms carefully before you access or use the Site. When you access or use the Site, you agree to these Terms and represent and warrant that you are 18 years of age or older.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT MEET ALL OF THESE REQUIREMENTS, DO NOT ACCESS OR USE THE SITE.

The Terms apply, regardless of the device used to access the Sites (e.g., personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future). If you use a mobile application or other online service and are required to agree to a separate governing agreement, including, without limitation, a terms of use, end-user license agreement, or privacy policy (collectively, “Other Governing Agreement”), in order to use, access, and/or download such application or other online service, both these Terms and the Other Governing Agreement will govern the use of the applicable mobile application or online service, provided that in the event of a conflict, the Other Governing Agreement will control.

Access, Use, and Restrictions

You represent, warrant, and covenant that you will access and use the Site only as set forth in these Terms. You will comply with any other applicable terms and conditions of use set forth on the Site or Other Governing Agreement, if applicable.

You acquire absolutely no rights or licenses in or to the Site and materials contained within the Site other than the limited right for you to access and use the Site in accordance with the Terms. Your access and use of the Site is solely for your or your company’s use and benefit.

You may not:

  • access or use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms;
  • copy, print, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create compilations or derivative works from, transmit, sell, rent, lease, loan or in any way make available or exploit any part of the Site or any information, materials or documents retrieved from the Site, except as set forth in the Terms or as explicitly specified in the Site;
  • use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, licence, lease, rental, subscription, or any other means of commercial distribution;
  • use any information, materials or documents from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Fotech or any third parties;
  • remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
  • make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
  • remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
  • access, monitor, or copy any content or information on the Site using any robot, spider, scraper, web crawler, or other automated means or any similar manual process;
  • violate the security of this Site or attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through any means;
  • use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email, (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing, and (3) unsolicited telephone calls or facsimile transmissions;
  • use the Site in a manner that violates any local law regulating email, facsimile transmissions or telephone solicitations; or
  • export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of applicable export control laws or regulations.

You may download material from the Site (such material that is intended for download) for your personal use to the extent that is reasonable for private purposes, provided that you reproduce all copyright and other proprietary notices. All other use is strictly prohibited.

Changes to the Site and Terms

Fotech may discontinue providing the Site or terminate the Terms at any time in its sole discretion and may, from time to time, modify the Terms. Any modifications to the Terms will be posted on the Site, so please check this page periodically. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Site. The updated Terms will take effect after its posting and will apply only on a going-forward basis, unless otherwise provided in a notice to you. Your continued access or use of the Site after any such update constitutes your binding acceptance of such changes.

We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Accessing the Site and Account Security

To access or use the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your access and use of the Site that all the information you provide on the Site is correct, current, and complete. All information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by Fotech’s Privacy Policy, found here.

If you choose, or are provided with, a user name, password, or any other piece of information as part of Fotech’s security procedures, you must treat such information as confidential and not disclose it. Your account is personal to you and you will not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You will notify Fotech immediately of any unauthorised access to or use of your user name or password or any other breach of security. You will sign out from your account at the end of each session.

User Content

The Sites may enable you to submit, post, upload, or otherwise make available through the Sites (collectively, “post”) content such as video clips, photographs, public messages,

comments, and other content (collectively, “User Content”) that may or may not be viewable by other users. Your user name may be associated with any User Content that you post. You represent and warrant to Fotech that you have all required rights to any User Content you post on or through the Sites.

When you post User Content on or through your access or use of any of the Sites, you grant Fotech a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, publish, and in any way exploit such User Content, in whole or in part, in any format or medium now known or developed in the future, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

Intellectual Property

The Site is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of England and Wales and other countries. The Site is also protected as a collective work or compilation under English copyright and other laws and treaties.

The copyright in the contents and any downloads from the Site is owned by Fotech Group Limited or its affiliates unless otherwise stated. All rights reserved. Fotech Group Limited, Titan House, Redfields Industrial Park, Church Crookham, Hampshire, England GU52 0RD.

You will abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Site.

You acknowledge that the Site has been developed by Fotech and others and constitutes valuable intellectual property of Fotech and such others. You will protect the proprietary rights of Fotech and all others having rights in the Site during and after the term of these Terms. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site will, as between you and Fotech, at all times be and remain the sole and exclusive property of Fotech.

FOTECH, LIVEDETECT, LIVEPIPE, LIVEFRAC, HELIOS, SOUND AT THE SPEED OF LIGHT and the Fotech mark are trademarks of Fotech Group Limited. BP, the BP Shield and the Helios mark are trademarks of BP p.l.c..

You may not use any of Fotech’s trademarks without the prior written permission of Fotech. You may not use any of BP p.l.c’s (or any of its affiliates’) trademarks without the prior written permission of BP p.l.c. or the relevant affiliate.

Linking and Framing

Without limiting other provisions contained in the Terms, you may not include a link(s) on your website to a page other than the homepage of the Site without our express permission.

You may not link to the Site any website containing inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, or material or information that violates any intellectual property, proprietary, privacy, or publicity rights.

If you link to the Site, you may not portray any person or subject in a false or misleading light. In addition, you may not imply that Fotech is endorsing your products or services.

You may not frame the Site on any other site without Fotech’s express permission. If you obtain Fotech’s express permission to frame the Site, you may not do so in a manner that implies that Fotech is endorsing your products or services or that the Site’s webpages or content are part of your website or that you have a license to use the Site’s webpages or content.

Disclaimer of Warranties / Limitation on Liability

YOUR ACCESS OR USE OF THE SITE IS AT YOUR SOLE RISK AND ALL INFORMATION CONTAINED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. FOTECH AND ITS OFFICERS, DIRECTORS, PARTNERS, REPRESENTATIVES, EMPLOYEES, AND AGENTS (COLLECTIVELY, “FOTECH” IN THIS SECTION) MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

The information contained in the Site is not comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions (other than for fraudulent misrepresentation) in the Site and any decisions you make based on information contained in the Site are your sole responsibility.

Fotech (a) does not warrant that the Site is compatible with your equipment or that the Site, or e-mail sent by Fotech, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files or components, or that defects will be corrected, and (b) is not liable for any damage you may suffer as a result of such destructive features.

To the fullest extent permitted by law, Fotech will have no responsibility or liability for (i) any injury or damages caused by the negligence of Fotech in connection with the Site, or any claim against Fotech, or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Site caused by your computer equipment or arising from your access or use of the Site on such equipment.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FOTECH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGES OR OTHER LOSSES OR DAMAGES OF WHATSOEVER KIND, EVEN IF FOTECH HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY INFORMATION CONTAINED IN THE SITE OR ANY PROVISION OF THE TERMS. ALTHOUGH APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PROVISION WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW.

Other than in respect of personal information which will be treated in accordance with the Fotech Privacy Policy that appears in the Site, if you provide information to us, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.

Use of any hyperlink and third party views

The content of other websites, services, goods, or advertisements that may be linked to or from the Site is not maintained, controlled, reviewed or approved by Fotech. Fotech is therefore not responsible for the availability, content, or accuracy of other websites, services, goods, or advertisements that may be linked to or from the Site. Fotech does not accept any liability in connection with any such sites or links.

Any views or opinions of third parties are the personal views of the individuals or organizations that provided them and do not necessarily reflect the opinion or views of Fotech.

Indemnification

You will indemnify, defend, and hold harmless Fotech and its partners, representatives, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with your access or use of the Site, or any links on the Site, including, but not limited to: (a) any breach or violation of the Terms by you or someone using your computer, username, or password; (b) your use or use by someone using your computer, username, or password of the Site; (c) a claim that any use of the Site by you or someone using your computer, username, or password infringes any intellectual property right of any third party or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Site by you or someone using your computer, username, or password; or (e) a claim arising out of or in connection with User Content you post.

You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Fotech reserves the right, at Fotech’s expense, to assume the exclusive defence and control of such disputes, and in any event you will cooperate with Fotech in asserting any available defences.

Governing Law

The Terms will be governed and construed in accordance with the laws of England and Wales. For any dispute relating to Fotech’s provision of and your access to or use of the Sites, you and Fotech will submit to the exclusive jurisdiction of the English courts. You further will accept service of process by mail, and hereby waive any and all jurisdictional and venue defences otherwise available.

General

These Terms (including Fotech’s Privacy Policy and other terms incorporated by reference) constitute the entire agreement between you and Fotech governing your access to and use of the Site. The failure or delay of Fotech to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found invalid, unlawful or unenforceable to any extent, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force. The obligations contained in the Terms that by their sense and context are intended to survive the performance of the Terms by either or both parties will survive the termination, cancellation, expiration, or completion of the performance of the Terms.

Comments and Questions

Fotech would like to hear from you concerning any complaints, questions or suggestions regarding the Terms. Please address your inquiries to:

Fotech Solutions Limited Attn: Commercial Manager

Titan House, Redfields Industrial Park, Church Crookham, Hampshire

England GU52 0RD

+44 (0) 1252 570 560

 

Last modified 15 September 2021

Copyright © Fotech Group Limited

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