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terms.html
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<h1>Terms and Conditions</h1>
<p class="lead">
Read our terms to learn more about your rights and
responsibilities as a user.
</p>
<p>
<small
>Last updated
<time datetime="2019-11-11">11 November 2019</time></small
>
</p>
</div>
<img class="post__img-featured" src="/terms.svg" alt="" />
</header>
<h2 id="1">1. Agreement to Terms</h2>
<p id="1.1">
1.1 These Terms and Conditions constitute a legally binding agreement
made between you, whether personally or on behalf of an entity
(<strong>you</strong>), and
<strong>CodeSect</strong> (<strong>we, us</strong>), concerning your
access to and use of the
<strong>CodeSect</strong> (https://codesect.com) website as well as
any related applications (the <strong>Site</strong>).
</p>
<p>
The Site provides the following services:
<strong
>A collaborative learning platform for developers and designers to
effectively improve their programming knowledge and skills</strong
>
(<strong>Services</strong>). You agree that by accessing the Site
and/or Services, you have read, understood, and agree to be bound by
all of these Terms and Conditions.
</p>
<p>
<strong
>If you do not agree with all of these Terms and Conditions, then
you are prohibited from using the Site and Services and you must
discontinue use immediately.</strong
>
We recommend that you print a copy of these Terms and Conditions for
future reference.
</p>
<p id="1.2">
1.2 The supplemental policies set out in
<a href="#1.7">Section 1.7</a> below, as well as any supplemental
terms and condition or documents that may be posted on the Site from
time to time, are expressly incorporated by reference.
</p>
<p id="1.3">
1.3 We may make changes to these Terms and Conditions at any time. The
updated version of these Terms and Conditions will be indicated by an
updated "Revised" date and the updated version will be effective as
soon as it is accessible. You are responsible for reviewing these
Terms and Conditions to stay informed of updates. Your continued use
of the Site represents that you have accepted such changes.
</p>
<p id="1.4">
1.4 We may update or change the Site from time to time to reflect
changes to our products, our users' needs and/or our business
priorities.
</p>
<p id="1.5">
1.5 The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country.
</p>
<p id="1.6">
1.6 The Site is intended for users who are at least 18 years old. If
you are under the age of 18, you are not permitted to register for the
Site or use the Services without parental permission.
</p>
<p id="1.7">
1.7 Additional policies which also apply to your use of the Site
include:
</p>
<ul>
<li>
Our <a href="/privacy">Privacy Notice</a>, which sets out the terms
on which we process any personal data we collect from you, or that
you provide to us. By using the Site, you consent to such processing
and you warrant that all data provided by you is accurate.
</li>
</ul>
<h2 id="2">2. Acceptable Use</h2>
<p id="2.1">
2.1 You may not access or use the Site for any purpose other than that
for which we make the site and our services available. The Site may
not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
</p>
<p id="2.2">
2.2 As a user of this Site, <strong>you agree not to</strong>:
</p>
<ul>
<li>
Systematically retrieve data or other content from the Site to a
compile database or directory without written permission from us
</li>
<li>
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users to send unsolicited email
or creating user accounts under false pretenses
</li>
<li>Use the Site to advertise or sell goods and services</li>
<li>
Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict
the use or copying of any content or enforce limitations on the use
</li>
<li>
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords
</li>
<li>
Make improper use of our support services, or submit false reports
of abuse or misconduct
</li>
<li>
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools
</li>
<li>
Interfere with, disrupt, or create an undue burden on the Site or
the networks and services connected to the Site
</li>
<li>
Attempt to impersonate another user or person, or use the username
of another user
</li>
<li>Sell or otherwise transfer your profile</li>
<li>
Use any information obtained from the Site in order to harass,
abuse, or harm another person
</li>
<li>
Use the Site or our content as part of any effort to compete with us
or to create a revenue-generating endeavor or commercial enterprise
</li>
<li>
Attempt to access any portions of the Site that you are restricted
from accessing
</li>
<li>
Harass, annoy, intimidate, or threaten any of our employees, agents,
or other users
</li>
<li>
Delete the copyright or other proprietary rights notice from any of
the content
</li>
<li>
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material that interferes with any party’s
uninterrupted use and enjoyment of the Site, or any material that
acts as a passive or active information collection or transmission
mechanism
</li>
<li>
Use, launch, or engage in any automated use of the system, such as
using scripts to send comments or messages, robots, scrapers,
offline readers, or similar data gathering and extraction tools
</li>
<li>
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site
</li>
<li>
Use the Site in a manner inconsistent with any applicable laws or
regulations
</li>
<li>
Threaten users with negative feedback or offering services solely to
give positive feedback to users
</li>
<li>
Misrepresent experience, skills, or information about a User
</li>
<li>Advertise products or services not intended by us</li>
<li>
Falsely imply a relationship with us or another company with whom
you do not have a relationship
</li>
</ul>
<h2 id="3">3. Information You Provide to Us</h2>
<p id="3.1">
3.1 You represent and warrant that: (a) all registration information
you submit will be true, accurate, current, and complete and relate to
you and not a third party; (b) you will maintain the accuracy of such
information and promptly update such information as necessary; (c) you
will keep your password confidential and will be responsible for all
use of your password and account; (d) you have the legal capacity and
you agree to comply with these Terms and Conditions; and (e) you are
not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the Site.
</p>
<p>
If you know or suspect that anyone other than you knows your user
information (such as an identification code or user name) and/or
password you must promptly notify us at info@codesect.com.
</p>
<p id="3.2">
3.2 If you provide any information that is untrue, inaccurate, not
current or incomplete, we may suspend or terminate your account. We
may remove or change a user name you select if we determine that such
user name is inappropriate.
</p>
<p id="3.3">
3.3 As part of the functionality of the Site, you may link your
account with online accounts you may have with third party service
providers (each such account, a
<strong>Third Party Account</strong>) by either: (a) providing your
Third Party Account login information through the Site; or (b)
allowing us to access your Third Party Account, as is permitted under
the applicable terms and conditions that govern your use of each Third
Party Account.
</p>
<p>
You represent that you are entitled to disclose your Third Party
Account login information to us and/or grant us access to your Third
Party Account without breach by you of any of the terms and conditions
that govern your use of the applicable Third Party Account and without
obligating us to pay any fees or making us subject to any usage
limitations imposed by such third party service providers.
</p>
<p id="3.4">
3.4 By granting us access to any Third Party Accounts, you understand
that (a) we may access, make available and store (if applicable) any
content that you have provided to and stored in your Third Party
Account (the <strong>"Social Network Content"</strong>) so that it is
available on and through the Site via your account, including without
limitation any friend lists; and (b) we may submit and receive
additional information to your Third Party Account to the extent you
are notified when you link your account with the Third Party Account.
</p>
<p>
Depending on the Third Party Accounts you choose and subject to the
privacy settings that you have set in such Third Party Accounts,
personally identifiable information that you post to your Third Party
Accounts may be available on and through your account on the Site.
Please note that if a Third Party Account or associated service
becomes unavailable or our access to such Third Party Account is
terminated by the third party service provider, then Social Network
Content may no longer be available on and through the Site.
</p>
<p>
You will have the ability to disable the connection between your
account on the Site and your Third Party Accounts at any time. Please
note that your relationship with the third party service providers
associated with your third party accounts is governed solely by your
agreement(s) with such third party service providers. We make no
effort to review any Social Network Content for any purpose, including
but not limited to, for accuracy, legality or non-infringement, and we
are not responsible for any Social Network Content.
</p>
<p>
You acknowledge and agree that we may access your email address book
associated with a Third Party Account and your contacts list stored on
your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also
registered to use the Site. At your email request to info@codesect.com
or through your account settings (if applicable), we will deactivate
the connection between the Site and your Third Party Account and
attempt to delete any information stored on our servers that was
obtained through such Third Party Account, except the username and
profile picture that became associated with your account.
</p>
<h2 id="4">4. Content You Provide to Us</h2>
<p id="4.1">
4.1 There may be opportunities for you to post content to the Site or
send feedback to us (<strong>User Content</strong>). You understand
and agree that your User Content may be viewed by other users on the
Site, and that they may be able to see who has posted that User
Content.
</p>
<p id="42">
4.2 You further agree that we can use your User Content for any other
purposes whatsoever in perpetuity without payment to you, and combine
your User Content with other content for use within the Site and
otherwise. We do not have to attribute your User Content to you.
</p>
<p id="4.3">
4.3 In posting User Content, including reviews or making contact with
other users of the Site you shall comply with our Acceptable Use
Policy.
</p>
<p id="4.4">
4.4 You warrant that any User Content does comply with our Acceptable
Use Policy, and you will be liable to us and indemnify us for any
breach of that warranty. This means you will be responsible for any
loss or damage we suffer as a result of your breach of this warranty.
</p>
<p id="4.5">
4.5 We have the right to remove any User Content you put on the Site
if, in our opinion, such User Content does not comply with the
Acceptable Use Policy.
</p>
<p id="4.6">
4.6 We are not responsible and accept no liability for any User
Content including any such content that contains incorrect information
or is defamatory or loss of User Content. We accept no obligation to
screen, edit or monitor any User Content but we reserve the right to
remove, screen and/or edit any User Content without notice and at any
time. User Content has not been verified or approved by us and the
views expressed by other users on the Site do not represent our views
or values.
</p>
<p id="4.7">
4.7 If you wish to complain about User Content uploaded by other users
please contact us at info@codesect.com.
</p>
<h2 id="5">5. Our Content</h2>
<p id="5.1">
5.1 Unless otherwise indicated, the Site and Services including source
code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (<strong
>Our Content</strong
>) are owned or licensed to us, and are protected by copyright and
trade mark laws.
</p>
<p id="5.2">
5.2 Except as expressly provided in these Terms and Conditions, no
part of the Site, Services or Our Content may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
</p>
<p id="5.3">
5.3 Provided that you are eligible to use the Site, you are granted a
limited licence to access and use the Site and Our Content and to
download or print a copy of any portion of the Content to which you
have properly gained access solely for your personal, non-commercial
use.
</p>
<p id="5.4">
5.4 You shall not (a) try to gain unauthorised access to the Site or
any networks, servers or computer systems connected to the Site;
and/or (b) make for any purpose including error correction, any
modifications, adaptions, additions or enhancements to the Site or Our
Content, including the modification of the paper or digital copies you
may have downloaded.
</p>
<p id="5.5">
5.5 We shall (a) prepare the Site and Our Content with reasonable
skill and care; and (b) use industry standard virus detection software
to try to block the uploading of content to the Site that contains
viruses.
</p>
<p id="5.6">
5.6 The content on the Site is provided for general information only.
It is not intended to amount to advice on which you should rely. You
must obtain professional or specialist advice before taking, or
refraining from taking, any action on the basis of the content on the
Site.
</p>
<p id="5.7">
5.7 Although we make reasonable efforts to update the information on
our site, we make no representations, warranties or guarantees,
whether express or implied, that Our Content on the Site is accurate,
complete or up to date.
</p>
<h2 id="6">6. Link to Third Party Content</h2>
<p id="6.1">
6.1 The Site may contain links to websites or applications operated by
third parties. We do not have any influence or control over any such
third party websites or applications or the third party operator. We
are not responsible for and do not endorse any third party websites or
applications or their availability or content.
</p>
<p id="6.2">
6.2 We accept no responsibility for adverts contained within the Site.
If you agree to purchase goods and/or services from any third party
who advertises in the Site, you do so at your own risk. The
advertiser, and not us, is responsible for such goods and/or services
and if you have any questions or complaints in relation to them, you
should contact the advertiser.
</p>
<h2 id="7">7. Site Management</h2>
<p id="7.1">
7.1 We reserve the right at our sole discretion, to (1) monitor the
Site for breaches of these Terms and Conditions; (2) take appropriate
legal action against anyone in breach of applicable laws or these
Terms and Conditions; (3) refuse, restrict access to or availability
of, or disable (to the extent technologically feasible) any of your
Contributions; (4) remove from the Site or otherwise disable all files
and content that are excessive in size or are in any way a burden to
our systems; and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper
functioning of the Site and Services.
</p>
<p id="7.2">
7.2 We do not guarantee that the Site will be secure or free from bugs
or viruses.
</p>
<p id="7.3">
7.3 You are responsible for configuring your information technology,
computer programs and platform to access the Site and you should use
your own virus protection software.
</p>
<h2 id="8">8. Modifications to and Availability of the Site</h2>
<p id="8.1">
8.1 We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion without
notice. We also reserve the right to modify or discontinue all or part
of the Services without notice at any time.
</p>
<p id="8.2">
8.2 We cannot guarantee the Site and Services will be available at all
times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site or Services during any downtime or
discontinuance of the Site or Services.We are not obliged to maintain
and support the Site or Services or to supply any corrections,
updates, or releases.
</p>
<p id="8.3">
8.3 There may be information on the Site that contains typographical
errors, inaccuracies, or omissions that may relate to the Services,
including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies,
or omissions and to change or update the information at any time,
without prior notice.
</p>
<h2 id="9">9. Disclaimer/Limitation of Liability</h2>
<p id="9.1">
9.1 The Site and Services are provided on an as-is and as-available
basis. You agree that your use of the Site and/or Services will be at
your sole risk except as expressly set out in these Terms and
Conditions. All warranties, terms, conditions and undertakings,
express or implied (including by statute, custom or usage, a course of
dealing, or common law) in connection with the Site and Services and
your use thereof including, without limitation, the implied warranties
of satisfactory quality, fitness for a particular purpose and
non-infringement are excluded to the fullest extent permitted by
applicable law.
</p>
<p>
We make no warranties or representations about the accuracy or
completeness of the Site’s content and are not liable for any (1)
errors or omissions in content: (2) any unauthorized access to or use
of our servers and/or any and all personal information and/or
financial information stored on our server; (3) any interruption or
cessation of transmission to or from the site or services; and/or (4)
any bugs, viruses, trojan horses, or the like which may be transmitted
to or through the site by any third party. We will not be responsible
for any delay or failure to comply with our obligations under these
Terms and Conditions if such delay or failure is caused by an event
beyond our reasonable control.
</p>
<p id="9.2">
9.2 Our responsibility for loss or damage suffered by you:
</p>
<p>Whether you are a consumer or a business user:</p>
<ul>
<li>
We do not exclude or limit in any way our liability to you where it
would be unlawful to do so. This includes liability for death or
personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent
misrepresentation.
</li>
<li>
If we fail to comply with these Terms and Conditions, we will be
responsible for loss or damage you suffer that is a foreseeable
result of our breach of these Terms and Conditions, but we would not
be responsible for any loss or damage that were not foreseeable at
the time you started using the Site/Services.<br />
Notwithstanding anything to the contrary contained in the
Disclaimer/Limitation of Liability section, our liability to you for
any cause whatsoever and regardless of the form of the action, will
at all times be limited to a total aggregate amount equal to the
greater of (a) the sum of £5000 or (b) the amount paid, if any, by
you to us for the Services/Site during the six (6) month period
prior to any cause of action arising.
</li>
</ul>
<p>If you are a consumer user:</p>
<ul>
<li>
Please note that we only provide our Site for domestic and private
use. You agree not to use our Site for any commercial or business
purposes, and we have no liability to you for any loss of profit,
loss of business, business interruption, or loss of business
opportunity.
</li>
<li>
If defective digital content that we have supplied, damages a device
or digital content belonging to you and this is caused by our
failure to use reasonable care and skill, we will either repair the
damage or pay you compensation.
</li>
<li>
You have legal rights in relation to goods that are faulty or not as
described. Advice about your legal rights is available from your
local Citizens' Advice Bureau or Trading Standards office. Nothing
in these Terms and Conditions will affect these legal rights.
</li>
</ul>
<h2 id="10">10. Term and Termination</h2>
<p id="10.1">
10.1 These Terms and Conditions shall remain in full force and effect
while you use the Site or Services or are otherwise a user of the
Site, as applicable. You may terminate your use or participation at
any time, for any reason, by following the instructions for
terminating user accounts in your account settings, if available, or
by contacting us at info@codesect.com.
</p>
<p id="10.2">
10.2 Without limiting any other provision of these Terms and
Conditions, we reserve the right to, in our sole discretion and
without notice or liability, deny access to and use of the Site and
the Services (including blocking certain IP addresses), to any person
for any reason including without limitation for breach of any
representation, warranty or covenant contained in these Terms and
Conditions or of any applicable law or regulation.
</p>
<p>
If we determine, in our sole discretion, that your use of the
Site/Services is in breach of these Terms and Conditions or of any
applicable law or regulation, we may terminate your use or
participation in the Site and the Services or delete your profile and
any content or information that you posted at any time, without
warning, in our sole discretion.
</p>
<p id="10.3">
10.3 If we terminate or suspend your account for any reason set out in
this <a href="#9">Section 9</a>, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive
redress.
</p>
<h2 id="11">11. General</h2>
<p id="11.1">
11.1 Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing.
</p>
<p>
You hereby agree to the use of electronic signatures, contracts,
orders and other records and to electronic delivery of notices,
policies and records of transactions initiated or completed by us or
via the Site. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by other than electronic means.
</p>
<p id="11.2">
11.2 These Terms and Conditions and any policies or operating rules
posted by us on the Site or in respect to the Services constitute the
entire agreement and understanding between you and us.
</p>
<p id="11.3">
11.3 Our failure to exercise or enforce any right or provision of
these Terms and Conditions shall not operate as a waiver of such right
or provision.
</p>
<p id="11.4">
11.4 We may assign any or all of our rights and obligations to others
at any time.
</p>
<p id="11.5">
11.5 We shall not be responsible or liable for any loss, damage, delay
or failure to act caused by any cause beyond our reasonable control.
</p>
<p id="11.6">
11.6 If any provision or part of a provision of these Terms and
Conditions is unlawful, void or unenforceable, that provision or part
of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining
provisions.
</p>
<p id="11.7">
11.7 There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms and
Conditions or use of the Site or Services.
</p>
<p id="11.8">
11.8 For consumers only - Please note that these Terms and Conditions,
their subject matter and their formation, are governed by English law.
You and we both agree that the courts of England and Wales will have
exclusive jurisdiction expect that if you are a resident of Northern
Ireland you may also bring proceedings in Northern Ireland, and if you
are resident of Scotland, you may also bring proceedings in Scotland.
If you have any complaint or wish to raise a dispute under these Terms
and Conditions or otherwise in relation to the Site please follow this
link
<a
href="http://ec.europa.eu/odr"
target="_blank"
rel="nofollow noopener noreferrer"
>http://ec.europa.eu/odr</a
>
</p>
<p id="11.9">
11.9 A person who is not a party to these Terms and Conditions shall
have no right under the Contracts (Rights of Third Parties) Act 1999
to enforce any term of these Terms and Conditions.
</p>
<p id="11.10">
11.10 In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us by email at info@codesect.com.
</p>
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