TERMS AND CONDITIONS OF USE
By visiting and using the www.CodeMode.us website (the “Site”), you acknowledge you have read and agree to be bound by the Terms and Conditions of Use (collectively, the “Terms”) contained in this document. If you do not wish to agree to the Terms, please close this browser session and refrain from using the Site.
1. Acceptance of Terms
LovenFame Technologies LLC dba CodeMode (“CodeMode”) provides a collection of online services via the World Wide Web to help children learn to code. The Site, including lessons, tutorials, exercises, discussions and more are provided by CodeMode, affiliates and partners of CodeMode and other third parties (collectively, the “Services”).
This Agreement sets forth the Terms and Conditions of Use that apply to the use of the Site and Services. You agree to comply with all of the Terms contained in this Agreement and other documentation provided on the Site. The right to use this Site and Services in conjunction with your account is personal and exclusive to you and is not transferable to any other person or entity. You understand and acknowledge that due to circumstances both within and outside of the control of CodeMode, access to the Site and Services may be interrupted, suspended or terminated from time to time.
Should you object to any term, any guidelines, or any subsequent modifications or become dissatisfied with CodeMode in any way, your only recourse is to immediately discontinue use of the Site and Services. CodeMode has the right, but is not obligated, to strictly enforce these Terms and Conditions of Use through self-help, community moderation, active investigation, litigation and prosecution.
3. Intellectual Property
The CodeMode name, logo, design, copy, graphics and other information located on or in the Site is the exclusive intellectual property of LovenFame Technologies LLC or is used with express permission of the copyright and/or trademark owner. Any transmitting, copying, posting, linking, deep linking, distributing, or other modification of the Site, including, but not limited to pop-over, or pop-under advertisements or redirects without the express written permission of CodeMode is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Except as otherwise noted in this agreement or on the Site, any and all material on the Site is protected by copyright as a collective work under the copyright laws of the United States. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of material is permitted without the express written consent of CodeMode except as provided by law.
CodeMode trademarks used on the Site or used on any website otherwise owned or operated in conjunction with CodeMode shall not be deemed to be in the public domain but rather the exclusive property of LovenFame Technologies LLC.
By submitting material to any area of this Site, you warrant that you are the owner of such material and under no obligation, contractual or otherwise which would prevent you from granting CodeMode a license to use the material.
The foregoing provisions of this Section apply equally to and are for the benefit of CodeMode, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify CodeMode’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at firstname.lastname@example.org or:
LovenFame Technologies LLC.
12015 Cameron Dr
Johns Creek, GA, 30097
Please provide our Agent with the following Notice:
a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website (such as the URL);
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, such as fair use;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
LovenFame Technologies LLC will remove the infringing posting(s), subject to the procedures of the Digital Millenium Copyright Act (DMCA).
5. User Responsibilities and Conduct
All activity by you on the Site must be for lawful purposes only. Any post, e-mail or transmission through this Site, of any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CodeMode’s express prior, written approval, contains advertising or any solicitation with respect to products or services, will be deemed a violation of this Agreement.
You shall not restrict or inhibit any other user from using or enjoying the Site. Such conduct includes, but is not limited to, political, religious, commercial, or non-commercial solicitation. Any solicitation of users of the Site to use other services directly or indirectly competitive or potentially competitive with CodeMode, including but not limited to hyperlinks and comments, is strictly prohibited.
You additionally agree not to contact any User of the site who has requested not to be contacted; collect any user information for any unlawful purpose; stalk or otherwise harass anyone via the Site.
The provisions in this Section apply equally to and are for the benefit of CodeMode, its subsidiaries, affiliates and its third party content providers and licensors.
6. Disclaimer of Warranty; Limitation of Liability.
USE OF THIS SITE AND ANY OTHER SITES ACCESSED VIA THE SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY PROVIDED BY CODEMODE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE.
THIS SITE AND IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CODEMODE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL CODEMODE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR ITS CONTENTS, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CODEMODE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION CONTAINED WITHIN THIS SITE, OR ITS TRANSMISSION TO YOU OR FOR ANY CLAIMS OR LOSSES YOUR INABILITY TO ACCESS THE SITE. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
CODEMODE IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY CODEMODE. MOREOVER, CODEMODE RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURSIDICTONS, SOME OF THE FOREGING LIMITATIONS MAY NOT APPLY TO YOU.
7. User Content, Monitoring Rights, and Termination
You understand that all code, postings, messages, text, files, images, photos, video, sounds, or other materials posted, e-mailed, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item of content that you post, email or otherwise make available via the Site or Service.
You acknowledge that CodeMode does not pre-screen or approve Content, but that CodeMode may remove any content, information, member accounts, block email addresses, block IP addresses, or change or delete some or all of the content at any time at its discretion. CodeMode has the right, but not the obligation, to monitor the content of the Site at all times, including your content, to ensure compliance with the Terms, as well as to satisfy any applicable law, regulation or authorized government request.
CodeMode may terminate this Agreement at any time at its sole discretion. CodeMode shall not be liable to you or any third-party for any termination of access to the Service.
9. Grant of License
By posting code, information or communicating on or through the Site, you have hereby granted to CodeMode a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology now known or hereafter developed, and to sublicense such rights through any amount of sublicensees.
You also permit any other Users to access, view, store, or reproduce the material for that User’s personal use on the Site.
CodeMode grants you a limited, revocable, nonexclusive license to access the Service for your own personal use.
Use of the Service beyond the scope of authorized access granted to you by CodeMode may result in the immediate termination of your permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Site or Service or any content made available via the Site or Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from CodeMode.
You agree to indemnify and hold CodeMode, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
11. Third Party Content
The Site may include the distribution of information supplied by, and hyperlinks to, third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other users are those of the respective author(s) or distributors and not of CodeMode. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through CodeMode. Under no circumstances will CodeMode be liable for any loss or damage caused by your reliance on information obtained through CodeMode. You access linked third party sites at your own risk.
12. No SPAM Policy
You understand and agree that sending unsolicited email advertisements to CodeMode email addresses or through CodeMode computer systems, is expressly prohibited by these Terms. Any unauthorized use of CodeMode computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C.A§ 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
These Terms constitute the entire agreement between you and CodeMode and govern your use of the Site and Service, superseding any prior agreements between you and CodeMode.
No waiver by CodeMode of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The section headings of the Terms used herein are for convenience only and shall be of no legal force or effect.
If any provision of the Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions and the remaining portions of the Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under the Terms shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
This Agreement and any legal issues arising out of, but not exclusive to the use of this Site or other sites accessed via this Site are governed by and in accordance with the laws of the State of Texas without regard to its conflict of law provisions.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By using the Site or Service, you agree that any dispute or claim arising out of or in connection shall be subject to the jurisdiction of the courts of the State of Georgia.