Website Terms of Use

Site Terms

Kodak Paint and GDB Paint & Coatings operate this Site to provide online access to information about Kodak Paint and GDB Paint & Coatings products, Licensed Products, services, and opportunities we provide (the “Service”). 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 or to particular content or transactions are also posted in particular areas of the Site 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”.

Kodak Paint and GDB Paint & Coatings reserve the right to modify this Agreement at any time without giving you prior notice. Your use of the Site 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 Paint and GDB Paint & Coatings. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Kodak Paint and GDB Paint & Coatings reserve 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 U.S. and/or foreign copyright laws and belong to Kodak Paint and GDB Paint & Coatings. The copyrights in the Content are owned by Kodak Paint and GDB Paint & Coatings or other copyright owners who have authorized 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 Kodak Paint and GDB Paint & Coatings, 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.

Kodak Paint and GDB Paint & Coatings grant permission for use of Kodak Paint and GDB Paint & Coatings product information (text and images of Services) for catalogs 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 shown and Kodak Paint and GDB Paint & Coatings is not able to grant such permission or to give any contact information about the person shown.

Sample Pictures

Kodak Paint and GDB Paint & Coatings have 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. Please read through our Frequently Asked Questions.

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.

Consumer Products

Many of the consumer products listed on the Site are sold directly by Kodak Paint and GDB Paint & Coatings, not by Kodak (“Licensed Products”). These Licensed Products are indicated by the note “The Kodak trademark, logo and trade dress are used under license by xxx licensee.” You acknowledge that Kodak does not sell or resell, nor is Kodak acting as an agent of sale for these Licensed Products. Kodak is simply making it easier for you to buy directly from Kodak licensees. You acknowledge that Kodak disclaims any responsibility for or liability related to such Licensed Products. The risk of loss and title for such Licensed Products pass to you upon the licensee’s delivery of the Licensed Products to a carrier.

Customer Portal

The portal (“Customer Portal”) and B2B store (“Shop & Orders”) are intended solely for the use of Kodak Paint and GDB Paint & Coatings’ business customers (“Customer(s)”) who have established a customer relationship with Kodak Paint and GDB Paint & Coatings by entering into a purchase, reseller, dealer, or other appropriate form of agreement (“Customer Agreement”) setting forth the terms under which Kodak Paint and GDB Paint & Coatings will sell and the customer may purchase Kodak Paint and GDB Paint & Coatings products and services.

The terms set forth in your Customer Agreement will apply to all orders placed using the Kodak Paint and GDB Paint & Coatings Customer Portal, except as follows:

  1. a. Orders placed through Shop & Orders will be considered “received” by Kodak Paint and GDB Paint & Coatings only after the Shop & Orders has generated and issued to you an order confirmation number. Order confirmation numbers will be automatically displayed by Shop & Orders on the screen immediately after the order has been effectively transmitted to and received by the Shop & Orders service. Order confirmation numbers will also be displayed on Shop & Orders in the record of the order status.
  2. b. Orders will be considered “accepted” by Kodak Paint and GDB Paint & Coatings when the order status displayed on the order status portion of Shop & Orders has been changed to “filling”. If Kodak Paint and GDB Paint & Coatings is unable for any reason to accept an order, Kodak Paint and GDB Paint & Coatings will notify the customer in a reasonable period of time.

Orders may not be cancelled through the Shop & Orders service. Contact your customer service representative or refer to your Customer Agreement for additional procedures related to order cancellation.

Availability

Kodak Paint and GDB Paint & Coatings have several websites available in specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, regulatory status, shipment and other considerations. Kodak Paint and GDB Paint & Coatings does not make any warranty or representation that a user in one region may obtain the Services available in another region, and a user’s order may be cancelled or a user redirect to the site for that user’s region may be cancelled if a user attempts to order Services offered on a site in another region. Information published on the World Wide Web may contain references or cross-references to Services that are not announced or available in your region. Such references do not imply that Kodak or its licensees intend to announce such Services in your region. Consult your local Kodak Paint and GDB Paint & Coatings business contact for information regarding the Services that may be available to you.

Links to Third-Party Web Sites

Links on the Site to Kodak Paint and GDB Paint & Coatings affiliate or third party (collectively “Third Party[ies]”) 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 Kodak Paint and GDB Paint & Coatings of the Third Party, the Third Party web site, or the information contained therein. Kodak Paint and GDB Paint & Coatings is not responsible for the availability of any such Third Party web sites. Kodak Paint and GDB Paint & Coatings 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

Kodak Paint and GDB Paint & Coatings 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.

Software

Any software available for download via the Site is the copyrighted work of Kodak Paint and GDB Paint & Coatings. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

Disclaimer of Warranties

OTHER THAN SPECIFIC EXPRESS WARRANTIES PROVIDED IN THE DOCUMENTATION ACCOMPANYING ANY SERVICES, KODAK PAINT AND GDB PAINT & COATINGS MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. KODAK PAINT AND GDB PAINT & COATINGS 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. KODAK PAINT AND GDB PAINT & COATINGS DO 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. KODAK PAINT AND GDB PAINT & COATINGS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WARRANTIES FOR LICENSED PRODUCTS ARE PROVIDED BY KODAK PAINT AND GDB PAINT & COATINGS

Limitation of Liability

IN NO EVENT WILL KODAK PAINT AND GDB PAINT & COATINGS 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 (1) 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 KODAK PAINT AND GDB PAINT & COATINGS HAVE 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.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KODAK PAINT AND GDB PAINT & COATINGS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Kodak Paint and GDB Paint & Coatings, its parent companies, subsidiaries, affiliated companies, joint venturers, 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

Click here to see Kodak Paint and GDB Paint & Coatings’ 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.

Unsolicited Idea Submission Policy

Kodak Paint and GDB Paint & Coatings or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Kodak Paint and GDB Paint & Coatings’ business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Kodak Paint and GDB Paint & Coatings or anyone at Kodak Paint and GDB Paint & Coatings. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Kodak Paint and GDB Paint & Coatings, without any compensation to you; (2) Kodak Paint and GDB Paint & Coatings will have no obligation to return your idea to you or respond to you in any way; (3) Kodak Paint and GDB Paint & Coatings will have no obligation to keep your idea confidential; and (4) Kodak Paint and GDB Paint & Coatings may use your idea for any purpose whatsoever, including giving your idea to others.

However, Kodak Paint and GDB Paint & Coatings do welcome feedback regarding many areas of Kodak Paint and GDB Paint & Coatings’ existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section below.

User Supplied Information

Kodak Paint and GDB Paint & Coatings do 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 Kodak Paint and GDB Paint & Coatings 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

  1. 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 Kodak Paint and GDB Paint & Coatings of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Kodak Paint and GDB Paint & Coatings therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Kodak Paint and GDB Paint & Coatings do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  3. 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, Kodak Paint and GDB Paint & Coatings’ Privacy Policy, your use of the Site, any other Kodak Paint and GDB Paint & Coatings web site, the Services, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.
  4. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See our Notice and Procedure for Making Claims of Copyright Infringement.

These Terms of Use were last modified June 27, 2022.