Welcome to the Generaytor website (the “Site”) provided to you by Generaytor Ltd. (which will be referred to herein as either “Generaytor”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us to serve as a helpful platform for existing and potential owners and lessees of solar energy systems (“Producers”) in order to create a user community in the solar energy arena. These Generaytor Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.
2. REGISTRATION AND ACCESS
In order to access some features of the Services, register as a Producer, and submit User Generated Content (as defined below) to public areas of the Site, you will be requested to create a Generaytor account by providing complete information requested and setting up a username and password, or connecting through your Facebook account. The information provided can be updated by logging into your account.
As an account holder, you are solely responsible for your account activity and can choose which information you would like shared by selecting your level of privacy for several portions of your account. We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. Please notify us immediately in case of unauthorized use of your account or of any related security breach in order to avoid related liability.
THE SITE AND RELATED SERVICES ARE OFFERED SOLELY AS AN INFORMATIONAL PLATFORM THE CONTENT OF WHICH IS CREATED BY THE GENERAYTOR COMMUNITY. THE SITE DOES NOT, IN ANY WAY, CONSTITUTE PROFESSIONAL ADVICE OR A SUBSTITUTE FOR SEEKING EXPERT OPINION OR SERVICES.
4. OWNERSHIP OF THE SERVICE PROVIDED TO YOU
The underlying platforms of the Services are either the proprietary property of Generaytor or the proprietary property of our licensors or licensees. By subscribing to our Services, Generaytor grants you a personal, revocable, non-assignable, and non-exclusive license to access and use the Services and the material provided hereon, provided that you comply fully with the provisions of these Terms.
All trademarks appearing on this Website are trademarks of their respective owners. “Generaytor” and other Generaytor trademarks, slogans, service marks, trade names, and trade dress which appear via the Service are proprietary to Generaytor.
5. THIRD PARTY LINKS AND INFORMATON PROVIDED
The Services and Site may contain information in the form of, but not limited to, raw data, content, information, articles, advertisements, endorsements, software, photos, video, text, graphics, third-party opinions, links to third party websites and other materials that – all which are not owned or controlled by Generaytor (“Third Party Content”).
It should be clarified that such Third Party Content is solely provided as a convenience to you, and, as such is provided “as is” without any warranty regarding its accuracy or completeness. By accessing our Site and using the Services, you expressly relieve Generaytor from any and all liability arising from your use of any Third Party Content. Furthermore, Generaytor also assumes no responsibility for the practices, professionalism or performances of any third party which you may be introduced to via our Site or Services.
You further acknowledge that Third Party Content may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Content, in whole or in part. Please bear in mind that the act of copying Third Party Content to your computer does not grant any ownership interest in such Third Party Content to you. Modification of the Third Party Content or use of the Third Party Content for any other purpose, including, but not limited to, use of any Third Party Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive prior written consent to do so from such right owner.
6. USER GENERATED CONTENT
The term “User Generated Content” as used within these Terms refers to any video, text, software, scripts, graphics, photos, sounds, music, content, audiovisual combinations, interactive features, electricity production data, electricity consumption data, map markers, locations, service provider rating, and other materials added to the site by a Producer which you and others may view, access through, or contribute to the Service.
If you choose to contribute User Generated Content to the Services:
• Rest assured that the ownership to such User Generated Content remains with its original owner (as applicable), and Generaytor will not claim any ownership or control over such User Generated Content.
• You shall be solely responsible for your own User Generated Content and the consequences of submitting and publishing the User Generated Content through the Service.
• You are affirming, representing, and warranting that you own or have the necessary licenses, rights, consents, and permissions to publish User Generated Content you submit;
• You understand that the Service is intended for public use and not private communications, and you have no expectation of privacy with regard to any communication you might make or User Generated Content you may submit through the Service. Furthermore, you are aware that Generaytor cannot guarantee the security of any information you disclose via the Service and any contribution is done at your own risk
• You are granting Generaytor a perpetual worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Service and Generaytor’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You are furthermore granting each user of the Service or visitor the Site a non-exclusive license to access your User Generated Content through the Service, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the Service and under these Terms.
You shall be solely responsible for your User Generated Content and expressly agree that your User Generated Content will not be: (1) defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party; (3) invade the privacy of any other person; (4) contain a virus, worm, trojan horse, time bomb, or any other harmful program or component; (5) be commercially misleading or fraudulent; or (6) be otherwise inappropriate or unlawful.
You acknowledge that by providing you with the ability to distribute User Generated Content in public areas of the Site, we are acting as a passive channel for such distribution and we are not undertaking any obligation or liability relating to any postings or activities in the public areas of the Site, nor do we endorse any User Generated Content
GENERAYTOR DOES NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE USER GENERATED CONTENT TRANSMITTED.
7. COPYRIGHT INFRINGEMENT POLICY
Generaytor is committed to protecting the rights of copyright holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Generaytor will undertake appropriate steps against copyright repeat offenders.
If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, please notify us of this immediately by email at [email protected]
8. USE OF SERVICES
You agree that your use of the Services and any content generated by you will not: (1) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law; (2) infringe on the copyright or any other proprietary right of any third-party, and you will only make use of information you own or have a right to use; (3) be used to spam others or create mass-emails; (4) be used to transmit or disseminate “unsolicited bulk email,” or other advertising material or communications to persons or entities that have not specifically agreed to receive messages from you; (5) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Generaytor servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (6) create a false identity or forged email address or header, or in any other way attempt to mislead others as to your identity; (7) ; be commercially misleading or fraudulent towards other users and visitors; (8) include the submission of any purposely inaccurate or falsifying information in connection with your account, or (9) be otherwise inappropriate, unlawful.
You agree not to collect or harvest any personally identifiable information, including but not limited to account names or Producer home addresses from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes unless you have been given specific permission to do so. You agree not to solicit, for commercial purposes, any users of the Service or visitors to the Site due to their User Generated Content, and may only approach any users who have indicated their interest in such communication.
You may not access the Services other than by the interfaces provided by Generaytor or interfere with or disrupt their proper operation.
9. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
We reserve the right to monitor some, all, or no areas of the Site for adherence to proper use of the Site or for any other purpose. Although we reserve the right to remove, without notice, any Site content for any reason, we have no obligation to review User Generated Content prior to its posting or to delete any content that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from the Site, and we are not liable for any loss you incur in the event that Content you post or transmit to our Site is been removed.\t\t
Generaytor reserves the right to suspend or terminate the account of any user at any time and for any or no reason at all, at our sole discretion. Accordingly, Generaytor reserves the right to remove any User Generated Content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
If you find any content published through the Site questionable, please email us at [email protected] immediately.
10. FEEDBACK FROM YOU
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved features or products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Generaytor, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Generaytor may use or redistribute any such submission and its contents for any purpose and in any way it deems.
To provide such feedback, please email [email protected]
11. NO WARRANTY
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. GENERAYTOR DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GENERAYTOR NOR ANY OF GENERAYTOR’S LICENSORS MAKES ANY WARRANTY THAT THE CONTENT ON THE SITE SATISFIES ANY GOVERNMENT REGULATIONS.
WE DO NOT WARRANT THAT THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. LIABILITIES AND INDEMNITIES
You shall indemnify and save harmless Generaytor and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Generaytor and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF GENERAYTOR FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A USER OR VISITOR FOR THE SERVICES OR USE OF THE SITE.
GENERAYTOR WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY GENERAYTOR OR ANY THIRD PARTY.
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.
Version: December 12, 2012
Generaytor © 2012