By using the https://codebender.cc web site ("Service"), or
any services of CODEBENDER OOD ("Codebender"), you are agreeing to be bound by the following
terms and conditions ("Terms of Service").
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT
YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH
YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR"
SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT
AND MAY NOT USE THE SERVICES.
If Codebender makes material changes to these Terms, we will notify you by posting a notice on our site.
Any new features that augment or enhance the current Service, including the release of new tools and
resources, shall be subject to the Terms of Service.
Violation of any of the terms below will result in the termination of your Account. While Codebender
prohibits such conduct and Content on the Service, you understand and agree that Codebender cannot be
responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
A. Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not
permitted.
- You must provide a valid email address, and any other information requested in order to complete the
signup process.
- You are responsible for maintaining the security of your account and password. Codebender cannot and
will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when
Content is posted by others who have access to your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark
laws).
B. API Terms
Customers may access their Codebender account data via an API (Application Program Interface). Any use of
the API, including use of the API through a third-party product that accesses Codebender, is bound by
these Terms of Service plus the following specific terms:
1. You expressly understand and agree that Codebender shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to, damages for loss
of profits, goodwill, use, data or other intangible losses (even if Codebender has been advised of the
possibility of such damages), resulting from your use of the API or third-party products that access
data via the API.
2. Abuse or excessively frequent requests to Codebender via the API may result in the temporary or
permanent suspension of your account's access to the API. Codebender, in its sole discretion, will
determine abuse or excessive usage of the API. Codebender will make a reasonable attempt via email to
warn the account owner prior to suspension.
3. Codebender reserves the right at any time to modify or discontinue, temporarily or permanently, your
access to the API (or any part thereof) with or without notice.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. To cancel your account, you can
contact Codebender’s support via email at [email protected].
- All of your Content will be immediately deleted from the Service upon cancellation. This information
can not be recovered once your account is cancelled.
- Codebender, in its sole discretion, has the right to suspend or terminate your account and refuse
any and all current or future use of the Service, or any other Codebender service, for any reason at
any time. Such termination of the Service will result in the deactivation or deletion of your
Account or your access to your Account, and the forfeiture and relinquishment of all Content in your
Account. Codebender reserves the right to refuse service to anyone for any reason at any time.
D. Modifications to the Service and Prices
- Codebender reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
- Codebender shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
E. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile
and materials uploaded remain yours. However, by setting your projects and code to be viewed
publicly, you agree to allow others to view your Content. By setting your code (“projects”,
“sketches”) to be viewed publicly, you agree to allow others to view, compile, and copy use your
Content.
- Codebender does not pre-screen Content, but Codebender has the right (but not the obligation) in its
sole discretion to refuse or remove any Content that is available via the Service.
- You shall defend Codebender against any claim, demand, suit or proceeding made or brought against
Codebender by a third party alleging that Your Content, or Your use of the Service in violation of
this Agreement, infringes or misappropriates the intellectual property rights of a third party or
violates applicable law, and shall indemnify Codebender for any damages finally awarded against, and
for reasonable attorney’s fees incurred by, Codebender in connection with any such claim, demand,
suit or proceeding; provided, that Codebender (a) promptly gives You written notice of the claim,
demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim,
demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding
unless the settlement unconditionally releases Codebender of all liability); and (c) provides to You
all reasonable assistance, at Your expense.
F. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and
"as available" basis.
- Support for Codebender services is available in English via email, and our live support chat.
- You understand that Codebender uses third party vendors and hosting partners to provide the
necessary hardware, software, networking, storage, and related technology required to run the
Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that
it is associated with the Service, Codebender, or any other Codebender service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use
of the Service, or access to the Service without the express written permission by Codebender.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine
in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party's intellectual property or these Terms
of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any
Codebender customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your
Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam"
messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by
Codebender) of other Codebender customers, we reserve the right to immediately disable your account
or throttle your file hosting until you can reduce your bandwidth consumption.
- Codebender does not warrant that (i) the service will meet your specific requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained
from the use of the service will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by you through the service will meet
your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Codebender shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses (even if Codebender has been advised
of the possibility of such damages), resulting from: (i) the use or the inability to use the
service; (ii) the cost of procurement of substitute goods and services resulting from any goods,
data, information or services purchased or obtained or messages received or transactions entered
into through or from the service; (iii) unauthorized access to or alteration of your transmissions
or data; (iv) statements or conduct of any third party on the service; (v) or any other matter
relating to the service.
- The failure of Codebender to exercise or enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision. The Terms of Service constitutes the
entire agreement between you and Codebender and govern your use of the Service, superseding any
prior agreements between you and Codebender (including, but not limited to, any prior versions of
the Terms of Service). You agree that these Terms of Service and Your use of the Service are
governed under Bulgarian law.
- Questions about the Terms of Service should be sent to [email protected].
