You do not need a user account to access much of the KDF’s features, such as searching the Bioenergy Library, browsing the collection of tools and apps, or visualizing data on the map. However, visitors of the KDF are encouraged to become registered users to acquire access to additional benefits, including the ability to upload files and data sets, customize information online, and interact with other users.
The content, services, and functionality of the bioenergykdf.net domain name (the "Bioenergy KDF Website", or "Website") are administered by UT-Battelle, LLC, (“UT-Battelle) under the authority of its Prime Contract No. DE-AC05-00OR22725 with the U.S. Department of Energy (DOE).
Your use of the Bioenergy KDF Website constitutes your agreement to be bound by all of the following terms and conditions. Please read them carefully before using the Website. If you do not agree to any of these Terms or conditions, you must not use the website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://bioenergykdf.net). Bioenergy may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Bioenergy KDF Website
These Terms of Service apply to all users of the Bioenergy KDF Website, including users who are also contributors of information and other materials on the Website. The Bioenergy KDF Website includes all information, materials, and applications found on the Bioenergy KDF Website.
The Bioenergy KDF Website may contain links to third party websites that are not owned or controlled by UT-Battelle. UT-Battelle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, UT-Battelle will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve UT-Battelle and DOE from any and all liability arising from your use of any third-party website.
Bioenergy KDF Website Accounts
In order to access the Website, you will have been assigned an account. You may never use another's account without permission from UT-Battelle.
Although UT-Battelle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UT-Battelle or others due to such unauthorized use.
Your User License
UT-Battelle hereby grants you a limited, nonexclusive, nontransferable license to access and use the Website as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without UT-Battelle's prior written authorization.
You agree not to alter or modify any part of the Website.
You agree not to access User Submissions (defined below) or Bioenergy KDF Website content through any technology or means other than the pages of the Website itself, or other explicitly authorized means UT-Battelle may designate.
You agree not to use the Website for any commercial use, without the prior written authorization of UT-Battelle. Prohibited commercial uses include any of the following actions taken without UT-Battelle's express approval:
sale of access to the Website or its related services on another website; and
use of the Website or its content for the primary purpose of gaining advertising or subscription revenue;
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Bioenergy KDF Website 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.
You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Bioenergy KDF Website.
The content on the Bioenergy KDF Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the like ("Content") are owned by or licensed to UT-Battelle, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Bioenergy KDF Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed on the Bioenergy KDF Website for that User Submission.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Bioenergy KDF Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Bioenergy KDF Website or otherwise as prohibited under this Agreement.
You may access Website Content, User Submissions and other content only as permitted under this Agreement. UT-Battelle reserves all rights not expressly granted in and to the Website Content and the Bioenergy KDF Website.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that neither UT-Battelle nor DOE is responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UT-Battelle and DOE with respect thereto, and agree to indemnify and hold UT-Battelle and DOE harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Your User Submissions and Conduct
As a Bioenergy KDF Website account holder you may submit textual and other content, including, but not limited to article and book titles, abstracts, and data, collectively referred to as "User Submissions."
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize UT-Battelle to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the Bioenergy KDF Website, you hereby grant UT-Battelle a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Bioenergy KDF Website and UT-Battelle's (and its successors' and affiliates') business, in any media formats and through any media channels. You also hereby grant each user of the Bioenergy KDF Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that UT-Battelle may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant UT-Battelle all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is excessive in length, pornographic, sexually explicit, violent, abusive, offensive, defamatory, or contrary to applicable local, national, and international laws and regulations. UT-Battelle reserves the right to decide, at its sole discretion, whether User Submissions are pornographic, obscene, sexually explicit, violent, abusive, offensive, defamatory, or excessive length. UT-Battelle may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
UT-Battelle and DOE do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and UT-Battelle and DOE expressly disclaim any and all liability in connection with User Submissions. UT-Battelle does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and UT-Battelle will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. UT-Battelle reserves the right to remove Content and User Submissions without prior notice.
Account Termination Policy
UT-Battelle will terminate a User's access to the Website if, under appropriate circumstances, the User(s) is/are determined to be a repeat infringer.
UT-Battelle reserves the right to refuse service and to discontinue any aspect of the Bioenergy KDF Website at any time at its sole discretion.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UT-Battelle’s designated Copyright Agent to receive notifications of claimed infringement is reachable at:
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Bioenergy KDF Website service through https://bioenergykdf.net. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
YOU AGREE THAT YOUR USE OF THE BIOENERGY KDF WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UT-BATTELLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND THE DOE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UT-BATTELLE AND DOE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIOENERGY KDF WEBSITE. UT-BATTELLE AND DOE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOTH UT-BATTELLE AND DOE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL DOE, UT-BATTELLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BIOENERGY KDF WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UT-BATTELLE OR DOE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT UT-BATTELLE AND DOE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by UT-Battelle from its facilities in the United States of America. UT-Battelle makes no representations that the Bioenergy KDF Website is appropriate or available for use in other locations. Those who access or use the Bioenergy KDF Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless DOE, UT-Battelle, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Bioenergy KDF Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Bioenergy KDF Website.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UT-Battelle and DOE without restriction.
You agree that: (i) the Bioenergy KDF Website shall be deemed solely based in Tennessee; and (ii) the Bioenergy KDF Website shall be deemed a passive website that does not give rise to personal jurisdiction over UT-Battelle, either specific or general, in jurisdictions other than Tennessee. These Terms of Service will be construed according to the laws of the State of Tennessee and the United States of America and in the English language. Any action brought to enforce any provision or obligation hereunder will be brought in the Federal District Court for the Eastern District of Tennessee. However, if jurisdiction is not found in Federal Court, actions will be brought in Tennessee in either Knox, Roane, or Anderson County Court. These Terms of Service, together with the Privacy Notice below and any other legal notices published by UT-Battelle on the Website, shall constitute the entire agreement between you and UT-Battelle concerning the Bioenergy KDF Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and UT-Battelle's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. UT-Battelle reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Bioenergy KDF Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND UT-BATTELLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BIOENERGY KDF WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you submit personal information to UT-Battelle through the Bioenergy KDF Website, we may use that information to operate, maintain, and improve the features and functionality of the Website, and to process any communication you send to us.
We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Bioenergy KDF Website changes or for customer service purposes).
Your Bioenergy KDF Website account name, not your email address, is displayed to other users when you engage in certain activities on the Website, such as when you upload documents, connect with other users, add Tools & Apps, etc. Other users can contact you by leaving a message or comment on the site.
You may update or correct your personal profile information, email preferences and privacy settings at any time by visiting your account profile page at https://bioenergykdf.net.
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