Throughout the Terms, the words (a) “AlgaEnergy,” “we,” “us,” or “our” refers to AlgaEnergy, SA, including its subsidiaries and affiliates, and (b) “you” “your” or “user” refers to the individual using or accessing the Services pursuant to the Terms, and to the extent applicable, the words “you,” “your,” or “user” also refer to the legal entity on whose behalf the Services are being used or accessed. If you are using or accessing the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to agree to these Terms on behalf of that legal entity.
Ownership. All patent, copyright, trademark, trade secret, ownership, license, intellectual property, and other rights and interests in the Services (including any reports, scripts, images, photographs, text, and objects incorporated into the Site) shall remain solely with AlgaEnergy, including its licensors. AlgaEnergy may have patents, patent applications, trademarks, copyrights or other intellectual property rights that may be protected by national and international copyright laws and treaties, as well as other laws and treaties. Except as otherwise expressly provided under these Terms, we are not giving you any licenses to any such intellectual property by providing the Services to you. All rights not explicitly granted to you are reserved by us.
Copyright. Copyright © 2021 AlgaEnergy. All rights reserved. All text, images, graphics, animation, videos, music, sounds, software, code and other materials on the Site are subject to the copyrights and other intellectual property rights of AlgaEnergy, its affiliated companies and its licensors. AlgaEnergy owns the copyrights in the selection, coordination, and arrangement of the materials on this Site.
Feedback. We welcome any Feedback you may have regarding the technology and services that we provide. We define “Feedback” as any comments, suggestions, recommendations, or observations you may have relating to our technology and services, including any improvements or modifications. We may use your Feedback to improve our technology or services that we provide to all of our customers. By submitting your Feedback to us, you agree to grant AlgaEnergy the unencumbered use of this Feedback with an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose, including incorporating that Feedback into the Services that AlgaEnergy generally provides.
RESTRICTIONS. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ALL OR ANY PART OF THE SITE OR SERVICES, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. THE CONTENTS OF THE SITE OR SERVICES MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT THE PRIOR WRITTEN CONSENT OF ALGAENERGY. IF YOU DOWNLOAD ANY INFORMATION OR SOFTWARE FROM THIS SITE OR SERVICES, YOU AGREE THAT YOU WILL NOT COPY IT OR REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS CONTAINED IN ANY SUCH INFORMATION. MODIFICATION OF THE SITE OR SERVICES CONTENT WOULD BE A VIOLATION OF ALGAENERGY’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT USE THE SITE OR SERVICES FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH APPLICABLE LAW OR THESE TERMS. YOU MAY NOT OFFER ANY PART OF THE SITE OR SERVICES FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF ALGAENERGY. YOU MAY NOT USE ANY OF ALGAENERGY’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN A MANNER THAT SUGGESTS THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH ALGAENERGY’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SITE, SERVICES, OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SITE OR SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET OUT ON THE SITE.
You agree that you will not, and will not encourage or assist any third party, do any of the following:
- engage in activity that harms or disrupts the operation or performance of the Services or cause harm to others.
- misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, Device, system or network related to the Services;
- use the Services in any manner not permitted by us;
- use the Services for any illegal purpose;
- use the Services to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party unless you own or have necessary rights to such material;
- use the Services to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may damage the operation of the Services or another person’s Device or property,
- engage in online activities that would encourage other parties to cause damage to the Services,
- violate, circumvent or attempt to violate or circumvent any security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Services by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing;
- directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services,
- alter or modify any disabling mechanism which may be included in Services,
- collect or attempt to collect personal data, or any other kind of information about other users, including through spidering or scraping;
- lease, rent, sell, transfer, distribute, re-license or sublicense the Services or use it or permit its use in a time-sharing arrangement,
- remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Services.
- MODIFICATION OF THE SERVICES
We reserve the right to make changes, updates, or modifications to the Services at any time for any reason without notice to you.
- MODIFICATION OF THE TERMS
We reserve the right, at our sole discretion, to change, modify, and/or add to the Terms, in whole or in part, at any time. Those changes will be effective when posted on the Site, or on the effective date specified in any updated Terms. You agree to review the Terms periodically to ensure you are aware of any changes to the terms and conditions that apply to you. We may notify you of material changes to the Terms by sending a notice to the email address associated with your account, posting a notice on the site, or by other methods that we may communicate to you. Your use of and access to the Services or any part thereof after any changes become effective will be considered your acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, you may not continue to use or access the Services or any part thereof, and your sole recourse will be to stop using the Services.
This Site may provide links to certain websites sponsored and maintained by AlgaEnergy as well as those sponsored or maintained by third parties. Such third-party websites are publicly available, and AlgaEnergy is providing access to those websites through this Site solely as a convenience to you. The content of third-party websites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by AlgaEnergy, and AlgaEnergy makes no representations or warranties concerning the content of those websites. Since we do not control third-party sites, we are not responsible for any personal information you may provide while visiting those sites. We encourage you to read the terms of service, privacy policies, and other posted disclosures before using, posting, or providing any of your personal information on those sites. The fact that access to third party websites is provided does not constitute any endorsement, authorization, or sponsorship of those websites or their sponsors by AlgaEnergy, nor is there any affiliation between AlgaEnergy and such sponsors and such sponsors do not endorse, authorize or sponsor this Site. Moreover, AlgaEnergy is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Site and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such websites solely at your own risk and that AlgaEnergy does not grant to you any rights in respect of such websites.
- OUR RIGHTS TO SUSPEND OR TERMINATE YOUR USE OF THE SERVICES
We may suspend or terminate your access to the Site or the Services, including any portion thereof, such as discontinuing the availability of the Site or Services, at any time and without notice to you.
THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALGAENERGY: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE SERVICES OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE, OR THAT ANY DATA YOU PROVIDE OVER THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SERVICES OR SITE.
Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you. In that event, those warranties are limited to the minimum warranty period permitted by applicable law.
AlgaEnergy and its directors, officers, employees and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of AlgaEnergy, its employees, subcontractors, agents, suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Site or for delays or omissions therein. AlgaEnergy shall have no responsibility to maintain the information or services made available on this Site or to supply any corrections or updates in connection with such information or services.
IN NO EVENT WILL ALGAENERGY, ITS SUPPLIERS, OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS SITE, SERVICES, OR ANY INFORMATION OR LINKS ON IT, EVEN IF ALGAENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any limitations or restrictions on liability in these Terms shall only apply to the extent permitted by applicable law. In no event shall AlgaEnergy’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to AlgaEnergy, if any, for accessing this Site.
All pricing listed on the Site is subject to agreement of applicable terms and conditions as determined by AlgaEnergy in its sole discretion.
Mention of third parties and third-party products on any page of this website or otherwise in any AlgaEnergy materials, advertising, or promotions is for informational purposes only, and does not constitute an endorsement or a recommendation. All third-party products, specifications and descriptions are supplied by the third party. AlgaEnergy assumes no responsibility with regard to the selection, performance or use of these vendors or products. All understandings, agreements or warranties, if any, take place directly between the vendors and the prospective users.
Sample code is provided on the website subject to a limited, revocable, non-transferable license solely for testing purposes and not for commercial use.
ANY SAMPLE CODE PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS CODE HAS NOT BEEN TESTED IN ACCORDANCE WITH ALGAENERGY’S NORMAL TESTING PROCEDURES AND ALGAENERGY OFFERS NO GUARANTEES OF ITS EFFECTIVENESS WHATSOEVER.
You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations in connection with your access to or use of the Services.
- ELECTRONIC COMMUNICATIONS AND NOTICES
From time to time, we may need to get in touch with you regarding the Terms, the Services and/or other matters related to your Account. We may provide information to you by email using the email address you provided to us when you opened your Account. You consent to receive communications from us electronically. If you do not agree to receive notices regarding the Services by email, you must not use the Services. Notices emailed to you will be deemed received by you when the email is sent by us. We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, lost, or not received.
You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility.
You may provide legal notices to us to the following address:
2852 Willamette Street, No. 411
United States of America
These terms shall be construed and enforced in accordance with the laws of the State of Oregon, United States of America, without regard to any choice of law or conflict of laws principles, regardless of where you live. You further agree that United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the Terms.
All disputes, controversies or claims arising out of or in connection with or relating to this Agreement, or the formation, interpretation, breach, termination or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration shall be New York, New York. There will be three arbitrators and the arbitration will be conducted in English. The arbitrators will issue a reasoned written award, and the award rendered will be final and may be entered in any court having jurisdiction over the dispute. The arbitrators may award injunctive relief only to the extent necessary to provide relief warranted by a party’s individual claim. No arbitrator will have the authority to award any relief or remedy in excess of, or contrary to what is provided in this Agreement. Notwithstanding the above, neither party is precluded from seeking interim injunctive or other equitable relief in any court with competent jurisdiction, and neither party shall be held to have waived the right to enforce this arbitration clause by filing a lawsuit to obtain any injunctive or other equitable relief for the purpose of protecting the rights and property of such party.
- Severability. If any provision of the Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
- Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Force Majeure. We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control, including, without limitation, natural disasters, wars, riots, terrorist activities, pandemics, Internet service providers, and other third parties, explosions and fires, strikes and labor disputes, governmental decrees and other acts beyond our reasonable control.
- Assignment. We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.
- Independent Contractors; Third Party Beneficiaries. You and we are independent contractors, and nothing in these Terms creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms.
- Entire Agreement. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.
- Rules of Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
- Survival. All terms and conditions of these Terms remain in full force and effect notwithstanding any termination of your use of the Services.