BMT WEBSITE TERMS & CONDITIONS OF USE
We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Website. We will update this page and state the date updated at the bottom of the document. Such modifications and additional terms and conditions will be effective immediately and this page will be incorporated into these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of any changes to the Terms constitutes acceptance of those changes, whether or not you have reviewed them. If you do not agree to these Terms after we have posted any changes, you should not visit the Website.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms apply to your use of the Website, which is owned and operated by Blue Morpho International Inc. d/b/a Blue Morpho Tours (“Company” and collectively, “we,” “us,” or “our”). Use of the Website is void where prohibited by law. By using the Website, you represent and warrant that your use of the Website does not violate any applicable law or regulation. Children under the age of 16 are not permitted to use this Website. Children ages 16 to 18 must receive consent from their parents.
2. Terms & Conditions – In General
These Terms & Conditions are a binding contract between you and Company. By using this Website, you agree to be legally bound and to abide by these Terms, just as if you had signed this contract. If at any time during your use of our Website, you do not comply with these Terms, we reserve the right to terminate your access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted by you, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice to you. If you do not abide by the provisions of these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.
To register for our tours and services, you must create an account on our Website in accordance with instructions that you will find posted. We reserve the right to deny registration to any individual for any reason.
In creating a user account, you agree to provide, true, accurate, current and complete information about yourself. Your user account is unique to you and may be used solely by you. You may not share your account login information with a third party. You accept responsibility for all activities that occur under your account and password, and agree not to sell, transfer or assign your account rights.
If you believe someone has accessed your username and/or password without your authorization, e-mail us immediately. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
We reserve the right to terminate your account at any time for any reason and without notice. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.
4. Privacy and Security
5. Limited License & Proprietary Rights in Website Content
The Website and Service are furnished by us and are intended only for the personal use of its users. You acknowledge that all content on this Website, including but not limited to, courses, articles, text, audios, music, sounds, video, photos, graphics, drawings, software, information, questions, creative suggestions, messages, and other materials (collectively, “Content”), are the proprietary property of Company, its users or its licensors with all rights reserved.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website, Content and Service for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms. Any Company courses, products, videos, ebooks, documents, music, files or other information (“Downloads”) that are downloaded are also licensed by the Company to you and we grant you a non-exclusive, non-transferable, limited right to access, use and display Downloads for your personal, non-commercial use. No other right or license is granted to Licensee by this Agreement to use the Downloads or any other intellectual property owned by Company.
You acknowledge that the Content and Downloads are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content and Downloads are copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of Content is strictly prohibited. Your license for personal use does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
6. User Content Posted on the Website
You are solely responsible for the information, photos, profiles (including your name, image, and likeness), messages, notes, text, music, video, drawings, information, questions, ideas and other content (collectively the “User Content”) that you upload, publish or display (hereinafter, “post”) on the Website, or transmit to or share with others. You are entirely responsible for all User Content that you post, email or otherwise transmit to this Website. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted to or through this Website. You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post.
You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove (without notice) any Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to the Company.
By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content beyond what is granted in the above license; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
7. Standards and Conduct Guidelines
You agree not to use this Website to:
a. Upload, post, email or otherwise transmit any User Content or other materials or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of the Company or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Company or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other materials transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any User Content or other materials that you do not have a right to upload, post, email or otherwise 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);
f. Upload, post, email or otherwise transmit any User Content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any User Content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
k. “Stalk” or otherwise harass another user or employee of this Website; or
m. Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this Website depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these standards and conduct guidelines if we, in our sole discretion, believe a violation has occurred on your part. Further, if you fail to adhere to our standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in this Website.
The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates these Terms, including, without limitation, terminating your account and/or reporting such activity to law enforcement authorities.
In the event of termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Content (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Ebook & Music purchases in the store
Any ebooks, documents, music, files or other information (“Downloads”) downloaded from the Website after clicking the “I Accept” button are licensed by the Company to Licensee on a limited, non-exclusive and non-transferable basis, solely for Licensee to download, use, and maintain. No other right or license is granted to Licensee by this Agreement to use the Downloads or any other intellectual property owned by the Company.
As a condition of this Agreement, you agree you will not sell, resell, rent, assign, distribute or transfer all or part of the Downloads or any rights granted hereunder to any other person or party.
You may use the Downloads only for your personal, noncommercial use. You may not upload any Downloads to the Internet, any intranet, or any private network. You also agree not to make derivative works of the Downloads.
The Downloads and all copies thereof are proprietary to the Company and are protected by the intellectual property laws of the United States and other countries. The Company is the exclusive owner of the Downloads and nothing in this license shall imply either a license or ownership of any part of the Downloads except as described in this Agreement. The unauthorized use or distribution of copyrighted or other proprietary content is illegal and could subject the Licensee to substantial damages.
10. Services Offered for Teaching Purposes only
The Website is offered for teaching and informational purposes only and not for healing or treating anyone for any physical or mental condition or illness. The Company is not a medical organization nor are its employees, agents, and representatives medical doctors and will therefore not give you medical advice, diagnosis or treatment. Nothing contained on this Website and/or its Content should be construed as medical advice or diagnosis and should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
The Company, its directors, officers, employees, agents, and representatives do not administer or prescribe drugs or controlled substances. Also, the Company does not recommend that anyone discontinue current medical treatment prescribed by licensed health care professionals.
No service, material or product offered by the Company should be construed as medical advice or diagnosis and should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
Any review, testimonial or other matter that could be regarded as an endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of viewing or using or courses and products. Results from use of our courses and products, Content and Downloads will vary. Testimonials on our website represent anecdotal experience of individual consumers. Individual experiences are not a substitute for scientific research.
12. Third Party Site
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Company makes no representations or warranties with respect to any linked site. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
13. Assumption of Risk
You acknowledge and agree that when participating in any course or other activity or program described in Our Content, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
By participating in any course or activity described in our Website, Service, Content or Downloads, you hereby voluntarily accept any and all risks that may be sustained by you, including but not limited to, bodily and psychological injury, death and property damage, associated with participating in any such course or activity.
I expressly understand and agree that under no circumstances will Company, its officers, directors, employees, volunteers, agents, contractors, affiliates, representatives, and partners be responsible for any loss or damage, including personal injury or death, resulting from my participating in, downloading, viewing or listening to any Service, Content or Downloads.
14. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Your use of the Website is at your own risk. The Content, products, offerings, and materials on this Website are provided “as is” and without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement, and any warranties implied by any course of performance or usage of trade. Some states do not allow limitations on some types of implied warranties, so all the above limitations may not apply to you.
The Company cannot guarantee and does not promise any specific results from the use of the Website or Content. The Company does not warrant or make any representations regarding the use or the results of the use of the Content, products, offerings, and materials in this Website in terms of their correctness, completeness, accuracy, reliability, or otherwise.
The Company does not warrant or make any representations or guarantees regarding the Website, Course or Content in terms of their ability to raise consciousness, create spiritual transformation, relieve stress, create mental clarity or ameliorating any physical, psychological or emotional issue, condition or trauma.
The Company reserves the right to change any and all Content and other items used or contained in the Website and any services offered through the Website at any time without notice.
The Company does not warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Further, please note that no advice or information obtained by you from our personnel or through this Website shall create any warranty not expressly provided for in these Terms.
15. Limitation of Liability
You acknowledge that the Company has no control over, and no duty to take action regarding: what Content you access via the Website, what effect the Content may have on you, how you may interpret or use the Content, what actions you may take as a result of having been exposed to the Content, or the services, content or material provided by third parties linked to Website. You release the Company of all liability for you having acquired or not acquired Content through the Website.
The Company is not responsible for the conduct, whether online or offline, of any user of the Website. The Company is not responsible for the actions of any user in implementing or using any Content, tools, teachings or guidance found on the Website.
The Company is not responsible or liable in any manner for any User Content posted on the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website.
Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, or personal injury or death, resulting from anyone’s use of the Website, Content, or User Content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.
You expressly understand and agree that, to the maximum extent allowed by law, the Company, its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses, licensors, and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives shall not be liable to you or any third person under contract, tort, strict liability, negligence or any other legal or equitable theory for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or misuse of the Website, Content, or other products, material or offerings; (b) what effect Website or Content may have on you or any third person or how you or any third person may interpret or use the Website or Content or actions you or any third person may take as a result of viewing the Website or Content; (c) use of Website, Content, or materials viewed by third persons as a result of your breach of this agreement; (d) access or inability to access the Website; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on our website; (g) violation of the Terms; (h) infringement by you, or any third party using your account of any intellectual property or other right of any person or entity; (i) for breach of any of your representations and warranties in these Terms; and (j) any other matter relating to the Website or Content.
In no event shall the collective liability of the Company and its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses, licensors, and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $100 or the amount paid by you to access the Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. If you are dissatisfied with any portion of the Website or Content, or with the Terms, your sole and exclusive remedy is to resign from membership.
You agree to indemnify, hold harmless and, at our option, defend the Company, its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives, from and against any and all liability, loss, claim, demand, damages, costs and/or expenses (including, but not limited to, reasonable attorneys fees and expenses) under contract, tort, strict liability, negligence or any other legal or equitable theory that arise from your use or misuse, or access to, the Website or Content or otherwise from your Submissions, violation of the Terms & Conditions, or infringement by you, or any third party using your account or viewing the Website and Content or material on your computer or any third party viewing Content as a result of (a) the use or misuse of the Website, Content, or other products, material or offerings; (b) what effect Website or Content may have on you or any third person or how you or any third person may interpret or use the Website, Course or Content or actions you or any third person may take as a result of viewing Course or Content; (c) use of Website, Content, or materials viewed by third persons as a result of your breach of this agreement; (d) access or inability to access the Website; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on our website; (g) violation of the Terms; (h) infringement by you, or any third party using your account of any intellectual property or other right of any person or entity; (i) for breach of any of your representations and warranties in these Terms; and (j) any other matter relating to the Website or Content.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses at your sole expense. You also waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of investigations into the breach of these Terms, or misuse of Website or Content and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
You and/or your estate hereby indemnify the Company against any claim by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission by the Company, its directors, employees, contractors, consultants and agents.
17. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us email@example.com.
18. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of Panama, excluding its conflicts of law rules. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extend and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and the Company agree that any cause of action arising out of or related to the Website or Content must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
19. Miscellaneous Terms
We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
The captions and headings in these Terms are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms, or any provision of these Terms, nor in any affect the interpretation of these Terms.
20. Contact the Company
You may contact the Company at the following address: firstname.lastname@example.org.
Last modified as of October 23, 2016.