The Web pages available at energyfiend.com (“Energy Fiend”), and all linked pages (“Site”), are owned and operated by Exis Holdings Limited. (“Exis”), an NZ corporation, and is accessed by you (“User”) under the following terms and conditions:
License to use Data
We’ve noticed a few people have copied all our caffeine database data and used in apps and sites. Here’s the thing:
We love that you want to use all this caffeinated goodness, we just want you to know a couple of things.
- It’s taken a lot of work to grow our collection of caffeine amounts, and we’re always working on it. We think consumers have a right to now how much caffeine is in a product. So we say: go for it – use our data and make it wonderful and usable for everyone everywhere.
- You could do that and not even mention where you got it from. That’s ok – but a little rude.
- Even better – contact us and maybe we can help you with something, or collaborate – that would be way better for all of us.
Access to the Services
Subject to the terms and conditions of this Agreement, Energy Fiend may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site (“Services”), solely for User’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, Energy Fiend feeds. Energy Fiend may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Energy Fiend may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. Energy Fiend reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.
User certifies to Energy Fiend that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Energy Fiend requests that, according to standard academic practice, if a User uses the Service for any research that results in an article, a book, or other publication, the User lists Energy Fiend as a resource in User’s bibliography.
User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site (i.e. contributes articles), Energy Fiend is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Energy Fiend reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Energy Fiend is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Energy Fiend user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
Energy Fiend has no special relationship with or fiduciary duty to User. User acknowledges that Energy Fiend has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Energy Fiend from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Energy Fiend makes no representations concerning any content contained in or accessed through the Site, and Energy Fiend will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Registration and Security
As a condition to using certain Services, User may be required to register with Energy Fiend and select a password and User name (“Energy Fiend User ID”). User shall provide Energy Fiend with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Energy Fiend User ID a name of another person with the intent to impersonate that person; or (ii) use as a Energy Fiend User ID a name subject to any rights of a person other than User without appropriate authorization. Energy Fiend reserves the right to refuse registration of, or cancel a Energy Fiend User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Energy Fiend password.
User will indemnify and hold Energy Fiend, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.]
Limitation of Liability
IN NO EVENT SHALL ENERGY FIEND BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
Third Party Ad Servers
We and our advertisers may use third parties to serve or present the ads that appear on our site and to conduct research about the advertisements.
Registration allows users to setup their own profile and upload an avatar. The following guidelines have been established:
- Do not include a brand name, website URL, or other self-promotional text in the “Display Name” or “Username” fields.
Failure to do so will result in editing of the display name by Energy Fiend administrators.
In order to make comments useful and engaging – there are a number of guidelines that users must follow:
- Do not attempt to promote, sell, or advertise any product or service.
- Do not request or post material that may infringe copyright.
- Do not threaten, defame, or harass, or post offensive material.
- Try to keep comments on-topic and relevant to the post.
Failure to follow these guidelines will result in removal of the comment.