DESCRIPTION
Welcome to the Agenera.com website (the “Site”). The term “Agenera”, “Agenera.com,” “us”, “we” or “our” refers to “Agenera LLC”. The term “Member”, “Viewers,” “Visitor,” “Subscribor” or “you” refers to the user or visitor or registered user or subscriber of the Agenera.com website.
ACCEPTANCE OF TERMS
Your use of the Agenera.com website is subject to the terms of this Terms of Service Agreement (“Agreement”), as updated by us from time to time, and the then current rules and policies posted on the Agenera.com website. We reserve the right to modify these Terms of Service at our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Notwithstanding anything set forth above in this paragraph to the contrary, we will not make changes to your rights in posted work as described in the Section below titled “Agenera’s USE OF CONTENT SUBMITTED BY MEMBERS.”
Agenera’s USE OF CONTENT SUBMITTED BY USERS
1. By submitting or posting material to any public area of the Agenera.com website, you automatically grant Agenera a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submission in connection with the Agenera.com website and Agenera’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Agenera.com website (and derivative works thereof). This license continues even if you later remove or unpost the material.
2. You grant Agenera the right, at no charge, from time to time to edit, copy, distribute or make generally available to the public anything you post to the Agenera.com website. This right continues even if you later remove or unpost the material. Agenera may use the public content of each User, in whole or part, in Agenera’s services or in mailings or emailings or advertising of Agenera and through any electronic or written communication media. Agenera may modify User content in order to conform to its website display requirements or of Agenera’s communications media.
3. You acknowledge and agree that Agenera may also disclose such work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any work violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Agenera, its owners or operators or third parties.
Except as described above, Members retain all rights to the work they post on the Agenera.com website, Agenera does not restrict the freedom of Members to share, market, publish or sell work they post to the Agenera.com website.
RESPONSIBILITY FOR YOUR POSTED CONTENT
You understand that all work and communication posted to the Agenera.com website, is the sole responsibility of the person from which such Content originated. This means that you, not Agenera, are entirely responsible for all Content that you post or otherwise make available via the Agenera.com website.
USE OF THE AGENERA.COM WEBSITE
You agree not to utilize or otherwise access the Agenera.com website for any unlawful purpose or for any purpose that encourages or facilitates unlawful or criminal conduct or to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Agenera.com website for the purpose of advertising or solicitation without the express prior written consent of Agenera, and you agree not to use the Agenera.com website to promote other on-line services that are competitive with Agenera or the Agenera.com website. You agree not to use the Agenera.com website for any adult Content.
COPYRIGHTED MATERIAL
Members and reviewers own a copyright in their original content that they Post to the Agenera.com website. Agenera owns a copyright in all aspects of the Agenera.com website original to it, including but not limited to, selection, coordination, arrangement and enhancement of the Agenera.com website, as well as in Agenera’s original content on the Agenera.com website. Use of the Agenera studio outside of Agenera.com is expressly prohibited, without Agenera’s written consent.
Claims of copyright infringement can be made by e-mail at admin@Agenera.com. Please provide a description of the copyrighted work that you claim has been infringed, your address, telephone number, and e-mail address.
POSTING OF CONTENT
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to Post the material and to grant Agenera all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Agenera or any third party; (iii) submit material that is unlawful, obscene, violent, pornographic, defamatory, libelous, threatening, harassing, threatening, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Agenera; (iv) Post advertisements or solicitations of business, except as authorized by Agenera; (v) Solicit or exploit children under the age of eighteen years for any purpose or promote material that is harmful to children; (vi) post pictures with nudity or of a sexual context; (vii) Create false identities or borrow or steal other person’s identities.
You shall be solely liable for any damage resulting from any illegality, infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and such liability shall survive any termination of this Agreement or your access to the Agenera.com website. Agenera reserves the right at any time to remove material, including posted pitches and other information, that, in its sole determination, it deems offensive, that is not consistent with this policy, or that it deems harmful to the Agenera.com website’s ongoing business. Agenera reserves the right to pursue damages to its website and ongoing business, including attorney’s fees, that result from User content that is in violation of this policy. In addition to removing content that is a violation of this policy, Agenera may further, at its sole discretion, remove your membership and login rights, as provided in this Agreement.
YOUR USE OF CONTENT
Any copies of Content Posted to the public areas of the Agenera.com website by authors and reviewers may be downloaded, copied, or printed for your own personal, non-commercial use only. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any Content other than your own. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of Agenera and the copyright owner. You may not remove, change or obscure any copyright notice, author attribution, trademark legend or other proprietary notice. You acknowledge that you do not acquire any ownership rights in the Content by downloading or printing copyrighted material. You shall not use Content or the Agenera.com website in any manner except as expressly permitted by this Agreement or any rules and policies Any content posted by members or visitors to Agenera, is the responsibility of those members or visitors. Agenera is not responsible for your viewing, application, usage, or reusage of that content. Posted on the Agenera.com website. Agenera encourages you to report offensive content at admin@Agenera.com.
CHANGES TO THE AGENERA.COM WEBSITE
All features of the Agenera.com website are subject to availability, and Agenera and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Agenera.com website. Agenera may, at any time, without liability, change or discontinue any aspect or feature of the Agenera.com website without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use. Agenera recommends that you make your own backups of your content at Agenera.com. Agenera and its employees, suppliers and contractors are not responsible or liable for any content that is corrupted, changed, or lost from the Agenera.com website.
SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
Subscribers of Agenera.com are required to complete the Agenera.com website’s registration process which includes review and acceptance of Terms of Agreement and Privacy Policy. Your access to the Agenera.com is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account and for all activities that occur under your password or account. You shall not permit (a) any other person to use your password or to access the Agenera.com website under your registered user name; or (b) access through a single name being made available to multiple users on a network. You agree to (i) immediately notify Agenera of any unauthorized use of your password or account or any other breach of security by e-mailing the Agenera administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. Agenera bears no responsibility for your failure to comply with this section or to take appropriate security measures.
CHARGES AND PAYMENTS
Our charges for subscriptions or services are posted on the Agenera website and may be charged from time-to-time without notice and without obligation to Agenera or you.
Subscriptions are billed in advance on a monthly or yearly basis, at the member’s option. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Agenera reserves the right to change the exact set of applications and services included in the subscription. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you sign up for a subscription, and you cancel that account within 30 days, you are entitled to a full refund. You are solely responsible for properly canceling your account, using the methods described on the Agenera website.
A valid credit card is required for paying accounts. As long as you are a Member with an outstanding balance, you agree to provide us with valid credit card information and authorize us to deduct the charges against your credit card. You agree to update the information for any credit card that expires with information for a valid credit card. You will only use a credit card that you are authorized to use. If any credit transaction for Agenera is rejected, you agree to remedy the situation within seven (7) days. Agenera will provide a refund if we terminate our Services to you, at our discretion. Refunds will only be due for payments made beyond the current month of service. There is no other circumstance in which you will be entitled to a refund from us.
Agenera does not store your credit card information. Agenera uses third party services with secure credit card processing. Agenera is not liable nor responsible for your credit card information.
YOUR REGISTRATION OBLIGATIONS
You agree to: (a) abide by the terms of the Agreement and all other rules and policies Posted on the Agenera.com website; (b) honor the requests made by Agenera and its agents with respect to your actions on the Agenera.com website; (c) provide us with accurate, complete registration information when registering as a User of the Agenera.com website; and (d) check for updates and update notices of the Agreement and Privacy Policy and the rules and policies Posted on the Agenera.com website.
USE OF ADULT, INDECENT, AND OBJECTIONABLE CONTENT
Agenera’s express policy is to prohibit adult Content. Some contributions to Agenera by Users may violate this no adult Content requirement. It is your obligation to leave areas with adult Content if you are under the age of consent. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Agenera with respect thereto, and agree to indemnify and hold Agenera, its Owners/Operators, affiliates, and/or licensees harmless to the fullest extent allowed by law regarding all matters related to your use of the Agenera.com website.
THIRD PARTY CONTENT
Agenera does not control or monitor the Content posted via the Agenera.com website and does not guarantee the quality of such Content. The information and opinions in the Content represent solely the thoughts of their authors and is neither endorsed by nor does it necessarily reflect the belief of Agenera. Neither Agenera or its owners or operators are responsible for the Content, accuracy opinions, advice or statements made on the Agenera.com website by anyone other than authorized Agenera employees or agents. You understand that by accessing the Agenera.com website, you may be exposed to Content that is offensive, indecent or objectionable.
LINKS TO OTHER THIRD PARTY WEBSITES
The Agenera.com website may contain links to other third party websites. Inclusion of any linked web Agenera.com website to our Agenera.com website is provided solely as a convenience to the User and does not imply approval or endorsement of the linked website by Agenera. We are not responsible for the content, accuracy, or opinions expressed in such third party websites, and these websites are not investigated, monitored, or checked for accuracy or completeness by us.
PRODUCTS AND SERVICES
Agenera offers various products and services, some free and some for purchase, on Agenera.com. Some of these products and services are provided as a convenience to you through third party and fulfillment partners. Additional terms and conditions may apply to purchases of goods or services or to specific portions of the website, including but not limited to advertising offers, affiliate offers, contests, promotions, or the Agenera products and services. All applicable third party Terms are additional to these Terms of Service by this reference.
Where a third party is providing the product or service or fulfillment, you agree to abide by and be bound by the third party’s terms and conditions, and agree that your recourse is with the applicable third party for any corrections, disputes, returns, changes or other actions related to the product or service provided. You agree Agenera is not responsible for any third party products or services you decide to accept.
TERMINATION
You agree that Agenera may, in its sole discretion and without liability, terminate your subscription and login to the Agenera.com website and/or remove and discard any Content with or without notice, if Agenera believes, in its sole discretion, that you have violated or acted inconsistently with this Agreement or the Privacy Policy or Agenera.com website rules and policies. Agenera may also, at its own discretion, ban you and/or your email addresses you have used from future membership and login in the future, if you have violated the provisions of this Agreement. Provisions of this Agreement which by their survive the termination of this Agreement, include but are not limited to the following clauses, “DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION”
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION
THE AGENERA.COM WEBSITE AND ALL FEATURES THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW. NEITHER AGENERA, NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, OPERATORS, PARTNERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD PARTY SUPPLIERS (COLLECTIVELY “AFFILIATED PARTIES”) WARRANT THAT THE AGENERA.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILIITY OF ANY INFORMATION OBTAINED FROM THE AGENERA.COM WEBSITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AGENERA.COM WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGENERA OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST PROFITS) OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE AGENERA.COM WEBSITE, THE CONTENT CONTAINED ON THE AGENERA.COM WEBSITE, OR IN CONNECTION WITH AGENERA COMPETITION OR THE PAID REVIEWER PROGRAM OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER AGENERA NOR ITS AFFILIATED PARTIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS AGENERA.COM WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AGENERA AND ITS AFFILIATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS’ FEES), ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THIS AGREEMENT OR YOUR USE OF THE AGENERA.COM WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY MATERIAL YOU POST TO THE AGENERA.COM WEBSITE OR YOUR PARTICIPATION IN AGENERA.
MISCELLANEOUS
This Agreement and any rules and policies, as amended from time to time, that are established by Agenera and Posted on the Agenera.com website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, representations, warranties and understandings with respect to the Agenera.com website, the Content, and the subject matter of this Agreement. This Agreement shall be construed in accordance with the laws of the State of ARIZONA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
TRADEMARKS
Agenera™ and Energy Megatrends™ are exclusive trademarks of Agenera.
Effective Date: This statement was last revised on. February 2, 2012.