This SEIA Sphere User Agreement ('Terms') applies to your access to and use of the Sphere websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the 'Services') provided by Solar Energy Industries Association, Inc. ('SEIA', 'we,' 'us,' or 'our').
The Sphere is an interactive community for employees of SEIA member companies to network, share information, sign up for working groups, manage your company’s membership, and learn about the solar and storage industries. There are some ground rules that you need to follow. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
No one under 18 is allowed to use or access the Services. By using the Services, you state that:
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
Subject
to your complete and ongoing compliance with these Terms, SEIA grants you a
personal, non-transferable, non-exclusive, revocable, limited license to access
and use the Services. We reserve all rights not expressly granted to you by
these Terms.
Except and solely to the extent such a restriction is impermissible under
applicable law, you may not, without our written agreement:
We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
To
use many features of our Services, you will be required to create a SEIA
account (an 'Account') and provide us with a username, password, and
certain other information about yourself as set forth in the Privacy
Policy.
You are solely responsible for the information associated with your Account and
anything that happens related to your Account. You must maintain the security
of your Account and immediately notify SEIA if you
discover or suspect that someone has accessed your Account without your
permission. We recommend that you use a strong password that is used only with
your Account.
You will not license, sell, share, or transfer your Account without our prior
written approval.
The
Services may contain information, text, links, graphics, photos, videos, audio,
streams, or other materials ('Content'), including Content created with
or submitted to the Services by you or through your Account ('Your Content').
We take no responsibility for and we do not expressly or implicitly endorse,
support, or guarantee the completeness, truthfulness, accuracy, or reliability
of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you
have all rights, power, and authority necessary to grant the rights to Your
Content contained within these Terms. Because you alone are responsible for
Your Content, you may expose yourself to liability if you post or share Content
without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant SEIA
the following license to use that Content:
When Your Content is created with or submitted to the Services, you grant us a
worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable,
and sublicensable license to use, copy, modify, adapt, prepare derivative works
of, distribute, store, perform, and display Your Content and any name,
username, voice, or likeness provided in connection with Your Content in all
media formats and channels now known or later developed anywhere in the world.
This license includes the right for us to make Your Content available for
syndication, broadcast, distribution, or publication by other companies,
organizations, or individuals who partner with SEIA. You also agree that we may
remove metadata associated with Your Content, and you irrevocably waive any claims
and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about SEIA or our Services that you
provide to us are entirely voluntary, and you agree that SEIA may use such
ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we
may, in our sole discretion, delete or remove Your Content at any time and for
any reason, including for violating these Terms, violating our Content
Policy, or if you otherwise create or are likely to create liability for
us.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our partners, or other users ('Third-Party Content'). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Sphere is a forum to learn about the solar and storage industries and engage with SEIA and other professionals in the solar and storage industries. SEIA is committed to providing safe and welcoming environment for all, regardless of gender, sexual orientation, ability, race, ethnicity, religion, national origin, or other protected characteristics. We expect all users to help us ensure a safe and positive experience for everyone. You must comply with these Terms and all applicable laws, rules, and regulations.
Some key issues to remember when using the Sphere include:
· SEIA is committed to strict compliance antitrust laws. Topics that you may not talk about include, but are not necessarily limited to, prices for products and services, allocating sales territories, and boycotts. Read SEIA’s Antitrust Policy for more information about prohibited topics and SEIA’s antitrust policies;
· Unacceptable behaviors include intimidating, harassing, abusive, discriminatory, derogatory, or demeaning conduct by any user. Harassment can include, but not limited to, offensive comments about a person’s race, gender, gender identity, sexual orientation, religion, national origin, disability, or other protected characteristic; use of sexual images; and threats of violence;
· Do not add users to your company’s account who are not employees of your company. This includes individuals employed by subsidiaries, holding companies, affiliates, and other separate legal entities;
· Do not impersonate an individual or an entity in a misleading or deceptive manner;
· Do not spam users or send junk messages;
· Do not use the Sphere to advertise or market your products or services; and
· Respect the privacy of others. Do not post personal or confidential information about a person without their permission.
Other rules to keep in mind when using the Sphere include:
SEIA respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify SEIA by contacting:
Office of the General Counsel
Solar Energy Industries Association, Inc.
1425 K St. NW – Suite 1000
Washington, DC 20005
Also, please note that if you knowingly misrepresent that any activity or
material on our Service is infringing, you may be liable to SEIA for certain
costs and damages.
If we remove Your Content in response to a copyright or trademark notice, we
will notify you via SEIA’s private messaging system. If you believe Your
Content was wrongly removed due to a mistake or misidentification in a
copyright notice, you can send a counter notification to SEIA’s General
Counsel’s Office (contact information provided above). Please see 17
U.S.C. § 512(g)(3) for the requirements of a proper counter
notification.
The Sphere is part of each SEIA member’s benefits package; however, access to certain aspects of the Sphere and other benefits will depend on your company’s membership level. Please contact membership@seia.org for more information about your membership benefits.
The Services are owned and operated by SEIA. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services ('Materials') provided by SEIA are protected by intellectual property and other laws. All Materials included in the Services are the property of SEIA or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials, using the Sphere, or by purchasing goods and services through the Sphere.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold SEIA, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the 'SEIA Entities') harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
All matters arising under or relating to this Agreement shall be governed by and construed and enforced in accordance with the laws of the District of Columbia without regard to the conflicts of laws principles. Any lawsuits brought hereunder shall be brought and tried in a court of competent jurisdiction in the District of Columbia. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA").
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT WHERE PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
Because we offer a variety of services, such as events and research reports, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by SEIA.
You
may terminate these Terms at any time and for any reason by deleting your
Account and discontinuing use of all Services. If you stop using the Services
without deactivating your Account, your Account may be deactivated due to
prolonged inactivity.
To the fullest extent permitted by applicable law, we may suspend or terminate
your Account, moderator status, or ability to access or use the Services at any
time for any or no reason, including for violating these Terms.
The following sections will survive any termination of these Terms or of your
Account: 4 (Your Content), 6 (Things You Cannot Do), 10 (Indemnity), 11
(Disclaimers and Limitation of Liability), 12 (Governing Law and Venue), 14
(Termination), and 15 (Miscellaneous).
These
Terms, together with the Privacy Policy and any
other agreements expressly incorporated by reference into these Terms,
constitute the entire agreement between you and us regarding your access to and
use of the Services. Our failure to exercise or enforce any right or provision
of these Terms will not operate as a waiver of such right or provision. If any
part of these Terms is held to be invalid or unenforceable, the unenforceable
part will be given effect to the greatest extent possible, and the remaining
parts will remain in full force and effect. You may not assign or transfer any
of your rights or obligations under these Terms without our consent. We may
freely assign any of our rights and obligations under these Terms.
These Terms are a legally-binding agreement between you and SEIA, Inc. If you
have any questions about these terms, please contact us at gc@seia.solar.
Solar
Energy Industries Association, Inc.
1425 K St. NW – Suite 1000
Washington, DC 20005
United States