NRG - Terms of Service

Last updated: September 16, 2020

1. Acceptance of terms

Read these terms and conditions carefully. Together with our Privacy Policy and any other applicable terms, they govern our relationship with you in relation to nrgcore.com website and the Products and Services provided through it. If you have any questions about them or do not wish to accept them, contact us at legal@nrgcore.com before using the website.

We may update this Terms of Service (“TOS”) from time to time without notice to you, so we recommend visiting this page periodically to make sure that the rules have not changed since your last visit. By accessing and using the nrgcore.com Website and Services, you accept and agree to be bound by all of the current terms of service.

2. Ability to accept TOS

These TOS form a legally binding contract between you and us. By using our website, you affirm that you are at least 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representation responsibilities set forth in these TOS, and to abide and comply with these TOS. nrgcore.com reserves the right to deny access to our service and/or registration to any individual.

3. Use of your information

We respect your information and privacy and will not publicly disclose your personal information to third parties as stated in our Privacy Policy. By using our website, you acknowledge that we are not responsible for any personal information that you publicly disclose (intentionally or unintentionally) using the website’s services such as through discussion forums or Q&A.

4. Your registration obligations

To gain access to certain features of the website, you must register for the service.

In consideration of your use of our services, you present that you are of legal age to form a binding contract and you also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Service and no refund for paid services will be possible.

You are solely responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. If you are an individual, you will not allow any other person to access your account. If you are a business entity, you will not allow anyone other than an authorized employee access your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. Licensed software

We offer software for license on the Website ("Licensed Software"). In order to use the Licensed Software, you must accept the end user license agreement ("EULA") presented to you at or before the time of installation. The Licensed Software will be governed exclusively by the EULA, not these Terms of Service. To the extent that you download or otherwise obtain Licensed Software from the Website that is not covered by a EULA, we hereby grant you, subject to these Terms of Service, a limited, non-exclusive, non-transferrable, non-assignable, non-sublicenseable right and license to use such Licensed Software for your personal or internal business use.

6. Payment

We may charge fees for Licensed Software. We have no obligation to license or provide Licensed Software unless and until we receive all fees. All amounts may be payable in advance and are not refundable in whole or in part unless you do not receive the product or service you ordered. You are fully liable for all charges under your account whether or not authorized by you. We reserve the right to change the prices listed on the Website.

7. Personal and Non-commercial use limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

8. License to use the Service

The Service, Licensed Software (including without limitation all computer code, artwork, animation and audio-visual and other components), are owned by us and/or our licensors. You agree not to reproduce, distribute, publicly display or perform, import, transmit, broadcast, modify or prepare derivative works, reverse engineer, disassemble or decompile any part or all of the computer code, artwork, animation, audio-visual and other components of the Service or any software offered on it. You also agree not to violate or interfere with any of our or our licensors’ copyright, trademark, patent, or other proprietary rights.

9. Modifications to our service

nrgcore.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that nrgcore.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the nrgcore.com Services (or any part thereof).

10. Community forums and Q&A

We make community forums and Q&A available to provide a place for sharing development practices and knowledge. We do not endorse any comments made by users. We reserve the right to remove, edit, and moderate conversations. We also reserve the right to limit or terminate a user’s access to the forums for any reason.

11. User generated content

The Service provides users with opportunities to submit their own ideas, text, graphics, and other materials ("Content") while they are participating in forums and other activities included in the Service. You may only transmit through the Service Content that you own or have a license or other legal right that would permit you to publish the Content through the Service. All Content transmitted through the Service is the sole responsibility of the sender. You have no expectation of privacy in Content that is transmitted through the Service (even if it is intended to be a private message).

We do not control the Content transmitted through the Service. Therefore, we do not guarantee the accuracy, integrity, or quality of such Content, and we will not be liable for any loss or damage of any kind incurred by you as a result of the use of any such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Although we have no obligation to monitor or supervise the Content you or other users may post, we reserve the right to monitor or supervise such Content and to remove without notice any Content that we find offensive, indecent, or otherwise objectionable in our sole discretion. However, we will not be liable for any failure to remove or delay in removing offensive, indecent or otherwise objectionable Content.

We retain the right to preserve Content and disclose it if required to do so by law or in the good faith belief that such preservation and/or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that Content violates the rights of a third party; or (iv) protect the rights, property or safety of nrgcore.com, users of the Service or the general public.

Although we will not claim ownership in any Content you submit or make available for inclusion on the Service, by transmitting such Content through the Service you grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, license to publish, distribute, publicly perform or display, import, broadcast, transmit, reproduce, modify, sublicense, and make derivative works from such Content. If you provide suggestions for changes or improvements or other feedback about our products or services, we may use such feedback for any purpose without obligation of any kind.

We advise you against transmitting Content that includes any of your personal data (including IP address, email address, real name, telephone numbers, work place or residence addresses) in the Service’s forums, and any areas available to other users (the "Public Areas") because these areas are public. We will not be liable for any loss, damages or injury you may suffer as a result of your disclosure of such personal data in the Service’s Public Areas.

12. Links

nrgcore.com may provide links to other World Wide Web sites or resources. You acknowledge and agree that nrgcore.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that nrgcore.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. nrgcore.com intellectual property rights

We have made this website available to you for your own personal use. We may modify, withdraw or deny access to the website at any time, including introducing charges for its use or other restrictions on access.

The website and all the materials contained in it are protected by intellectual property rights (including copyright, trademarks, patents, design rights, database rights and rights in confidential information) that either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, logos, brands, look, appearance and graphics of the Website, and content, such as SDK, source code, tutorials, documentation and other materials, that appear on the website.

Portion of the this software may be provided in source code form, constituting proprietary information of nrgcore.com. If provided, You may use these sources to customize the software for Your particular needs, or simply use it as supplementary documentation, and you may NOT distribute the sources in either their original or modified form and keep the information that you received confidential and can only used portion of this software for your own proprietary intellectual property creation(s), but not in its whole.

You cannot use or reproduce similar software based on the source code delivered with this software.
This software source code is for personal customization and personal usage or learning purpose only. You cannot use part of it or its integrity for neither free or commercial purposes.
All the source code marked as such are the sole propriety of nrgcore.com (at the exceptions of the other libraries the software is relying on, which are also marked as such), in no time you have the rights to use them for any other purpose than learning or internal intents.
Snippets and pieces of source code can be re-used within your application but should be totally independent of the original one taken from the source.
You cannot publish any source code or any type of independent product created directly from theses sources. Directly using part of this software, using either soft or hard copy or through any type of publishing media.
Under no circumstances you are allowed to redistribute or exchange in any form any content either in its integrity, modified or partially modified to anyone one not granted by this same agreement.

You may not copy, redistribute, republish or otherwise make the materials obtained directly or indirectly from this website including the NRG SDK, sample projects, content and source code available to anyone one not granted by the same privileges and agreement.

You may print or download materials from the website for your own personal learning purposes only.

14. Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE NRGCORE.COM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE NRGCORE.COM SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NRGCORE.COM AND ITS PARTNERS, LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OR ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NRGCORE.COM AND ITS PARTNERS, LICENSORS MAKE NO WARRANTY THAT (i) THE NRGCORE.COM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE NRGCORE.COM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NRGCORE.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NRGCORE.COM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NRGCORE.COM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NRGCORE.COM OR THROUGH OR FROM THE NRGCORE.COM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. Limitation of liability

UNDER NO CIRCUMSTANCES SHALL NRGCORE.COM OR ITS PARTNERS, LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE NRGCORE.COM SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS), EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS.

16. Exclusions and limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless nrgcore.com (including its affiliates, licensors and subcontractors) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the TOS or unauthorized use of the nrgcore.com Services. nrgcore.com reserves the right, and its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense.

18. Proprietary Notices

All trademarks, trade names, service marks, logos and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

19. Subscription Fees & Payments

Payments for subscription services on the site may increase, modify or add new fees and charges for any of the services from time to time by posting such changes to the site. nrgcore.com will provide you with at least one month (30 days) or notice of any changes affecting its existing subscription fee or existing scope of services you have already started using. After the effective date of any such change(s) means that you accept and agree to such changes, as applicable. You agree to pay all amounts due associated to your account, in accordance with nrgcore.com's payment terms and commitment period. If any payment is not made on time, nrgcore.com may deactivate your account and remove access and privileges associated to that account.

Subscriptions fees are final and there shall be no refunds except as required by law. Further more, nrgcore.com will not allow changes to your purchase after completion. nrgcore.com have the rights to disable all copies of the Software or/and access to any services and privileges you have ain through licensing or subscription in the event you fail to make payments when due. When redirected to nrgcore.com's hhird party payment processor, you may be subject to terms and conditions governing use of that third party's services and privacy policy. You are required to review such third party's terms and conditions and privacy policy before choosing to use such services.

20. Subscription Terms

All subscription(s) you purchase will be in effect for the initial subscription period (also known as the commitment period), upon renewal the current listed price will be used, unless you stop and cancel that subscription.

21. Termination

You agree that nrgcore.com may, without prior notice, immediately terminate, limit your access to or suspend your nrgcore.com account and access to our service. Cause for such termination, limitation of access or suspension shall include, but not be limited to:

Breaches or violations of the TOS or other incorporated agreements or guidelines (or have acted in manner which clearly shows that you do not intent to, or are unable to comply with the provisions of the Terms).
Requests by law enforcement or other government agencies.
Breaches or violations of the EULA (for Trial version and Certificated Developer) or Licensed Developer Agreement.
The partner with whom nrgcore.com offered the Services to you has terminated its relationship with us or ceased to offer the Services to you.
nrgcore.com is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services.
Unexpected technical or security issues or problems.

Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in nrgcore.com’s sole discretion and that nrgcore.com shall not be liable to you or any third party for any termination of your account or access to nrgcore.com Services.

22. Force Majeure

You agree that we shall not be responsible for damages, losses, costs, claims, delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central government or other competent authorities).

23. Entire agreement and provisions

The TOS constitutes the entire agreement between you and nrgcore.com and governs your use of our Service, superseding any prior version of this TOS between you and nrgcore.com with respect to the nrgcore.com Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain Service.

If any provisions of the TOS is found invalid or unenforceable by a court of competent jurisdiction, it shall be interpreted in order to give effect to such provision to the maximum extend permitted by law, and the remaining provisions shall continue in full force and effect.

24. Violations

Please report any violations of the TOS to legal@nrgcore.com