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SUPER COOL CODER - Terms of Service

Welcome to Super Cool Coder, the website and the services provided on https://www.supercoolcoder.org (“we”, “us”, or “our”). These Terms of Service explain the legal contract between you, and us regarding the use of our website and our services, or any other products or services we may provide in the future. This agreement applies to all the visitors whether registered or not, users, or any others who access or use our website, or our services (“User” or “Users”). The materials contained in our website and services are protected by applicable copyright and trademark law.

If you are a parent or guardian, who provides consent for your child to access and use our website or services, you agree to be bound by this terms of service agreement, in respect of such child’s use of our website or our services.

PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OUR WEBSITE, OR ANY OTHER PRODUCTS OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT, INCLUDING OUR PRIVACY POLICY AND ANY OTHER MENTIONED CONDITIONS (COLLECTIVELY “TERMS”).

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION OF DISPUTES PROVISION. BY AGREEING TO THE MANDATORY ARBITRATION, TO THE EXTENT PERMITTED APPLICABLE LAW, YOU AGREE TO THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN THROUGH A COURT, OR TO HAVE A JUDGE, OR JURY TRIALS OR CLASS ACTIONS.

If you do not agree with any or all of these terms of service, then you are prohibited from using or accessing our website and services, and you must stop using our website and services immediately.

We may update these terms of service in the future. We will provide the updated terms along with the date of revision on this page. You agree to review these pages such as privacy policy, terms of service and any other mentioned conditions, on a regular basis. After such changes to our terms, or privacy policy, you acknowledge that by continuing the use of our website or our services, after such changes, you agree to those future changes in our privacy policy, terms of service, and other mentioned conditions.

Shortcut links and headers are provided for ease of accessing the interested section:

  1. Eligibility
  2. Accounts
  3. Use of Services
  4. User Content, Ownership, License Grant
  5. Proprietary materials
  6. Third party links
  7. Terms and Termination
  8. Indemnity
  9. No Warranty
  10. Limitation of Liability
  11. No Waiver
  12. Governing Law
  13. Arbitration
  14. Assignment
  15. Severability
  16. Updates and Communication
  17. Contact

Eligibility:

If you are user under the age of 13, we may need the consent of your parent or guardian to approve your registration in our website, and to access and use our website or services. Our website and services are not available to any users who were previously removed from our services by us.

By your continued use of our website and services, and/or by registering an account in our website, you represent that you are of legal age of consent to register and use our services, in accordance with the laws of your country or region, and also that you have not been previously removed, banned or suspended by us from accessing or using our website and services.

Accounts:

To use some of the services we provide, you may have to register for an account. You are solely responsible for keeping your password secure and for the activity that occurs on your account. When you register for an account, you agree that the information you provide are accurate and complete. You also agree to update your information to represent your current status. In case password theft, or unauthorized use of your account, or any other types of security breach, you agree to notify us immediately using the contact details provided below. We are not liable or responsible for any losses caused by any unauthorized of your account. Please note that you may be liable for any losses incurred by us or others due to any unauthorized use of your account.

You may control the information you provide to use the services, under the settings page of your user profile. By providing these your information, you consent to our use of your information such as email address to send you notices or messages related to our services, or law, through email instead of post for any communication. We may also use you email address to send you other messages such as updates to our services, new features, marketing, offers, promotions. If you do not want to receive such messages, you can contact us using the contact details provided below.

Third-party services: You may register with us using the integrated sign-in services provided by third party companies such as Google. If you use such integrated services, you agree to give us permission to access your associated account in the third-party’s service as permitted by them, and to access and store your information in order to use our services.

Student and Teacher Accounts: If you are a school user, or college user, or a user from any other educational institution or related organization, please note that your account information may be visible to the associated teacher account. Examples of such information may include your scores, completion status, answers, feedbacks, messages, personal information such as contact details.

The teacher account and student accounts may be connected either through approval by one or more related accounts or directly connected by us upon request, or under our sole discretion. Your information may also be visible to us, to our employees, or any individuals who are part of the development and maintenance of our services.

Use of Services:

By using our services, you agree not to do the following:

We may change the providing of our services such as usage limits, speed, accessibility, features, change the services, or stop the services, temporarily or permanently, to you or to users, or to visitors, without prior notice.

We may suspend or terminate your access to our services temporarily or permanently without notice or being liable to provide any reasons, under situations such as in our sole discretion where your violate any of the terms in this agreement, or we could suspend or terminate your access to the services for no reason. Upon such termination with or without reasons, you continue to be bound by the terms of this agreement.

You are responsible for your actions related to other users of the website. We reserve the right to observe your interaction with other users, but have no obligation to see or resolve the disputes between you and other users. We have no liability for any actions or decisions between users in our website.

User Content, Ownership, License Grant:

Our website or services may allow the users to post content such as answers, feedbacks, comments, messages, reviews, solution codes and other content that may or may not be visible to us or other users (all such content or information submitted by user to the service is referred to as “user content”). Please note that we do not guarantee the confidentiality of user content. Under applicable laws, you retain the ownership rights in respect to your user content created by you. You also agree that you are solely responsible for your user content and its impacts when you publish through our website or services.

By submitting your user content through our services, or by your usage of our services and thereby generating user content over time, you hereby grant us a non-exclusive, transferable, fully paid-up, royalty free right, license to use, transfer, share, distribute, modify, reproduce, display, save and make derivative works of, in any formats, through any mediums, in whole or part to exploit your user content for use in connection with our services and our and our owner’s and subsidiaries’ and affiliates’ business operations in present and future.

You agree that you grant a non-exclusive license to us and other users to be able to view, display, modify, reproduce your user content. We reserve the right, but not obligated to remove any user content made available through our services.

Proprietary materials:

The services provided by us are owned by us including the UI design, images, text, graphics, animations, source code, user content by other users and any other data or information that are part of our services (the “service content”), and all other intellectual properties and the related rights are exclusive property of Super Cool Coder and the associated licensors such as the other users who posted their user content, and the service content are protected by applicable laws of the United States and of the international laws governing copyright, intellectual property, and proprietary rights. Except for any user content provided by users and except as explicitly provided herein, all service content are owned by or licensed to use and we reserve all rights expressly granted to the service content.

We may make available certain materials as part of our services for educational purposes including but not limited to quiz, assignments, notes, coding exercises, sample codes, code snippets and related content that are owned by us (the “educational content”). We grant to you a non-exclusive, non-transferable right to access and use the educational content solely for personal, or non-commercial uses. You may not allow or provide access the educational content to any third parties, without permission from us. You agree that, by registering an account in our services, you must use the account to access our website or services as a single user, and must not provide access to our services to any other person or entity or user or third party.

Our website has a section to welcome user’s comments and feedbacks. By providing your ideas or sending any messages, you agree that the suggestions, ideas, feedbacks, messages, or any other information you provided, allows us to use them without obligation, or any restriction, under any law or conditions, and that we are free to use those messages, idea or information you shared with us in any means we decide to, for the purpose of our services or business operations or other reasons without the need for any confidentiality of the idea or information. You agree that by submitting your idea to us, your action does not impact any rights to use similar or related ideas or information which we already know or use, as obtained by our employees or other sources.

Third party links:

Our website or services may display links to third party websites or services. We do not own or control the information displayed on such third party links. We are not responsible for the content or operation of such third party websites or services. You agree that by accessing and using such third party websites and services, you do so at your own risk.

Terms and Termination:

This terms of service agreement is effective while you use our website and services. You may terminate your use of our services at any time. If you are a registered user and would like to terminate your account, you can contact us at info@supercoolcoder.org with your account details.

We reserve the right to prevent or terminate the access and use of your website or services to any user or visitor at our sole discretion, without notice, or liability, with or without reasons including but not limited to detection of harmful user activity, failure to follow all the terms mentioned in this agreement, or under any applicable local or international laws.

We may terminate your user account without notice and may delete all your information and prevent your use of your services at any time at our sole discretion in the events including but not limited to your use of services violate the terms of this agreement, your activity poses a security threat, your actions are reported by other users or detected by us to be unethical or of unacceptable conduct.

In the event of your account being terminated or you being warned not to access or use our website or services, you are not permitted to register again in our website or services whether under the same or a new or a fake identity, or access our website or services through other user accounts. We reserve the right to take legal action against such users who may not follow the terms of this agreement.

Indemnity:

You agree to indemnify, defend and hold harmless Super Cool Coder, and its owners, affiliates, successors, subsidiaries, employees, individuals such as service providers, technical assistants, officers, directors, licensors and partners from and against any and all claims, liabilities, losses, settlements, obligations, judgements, costs, debts, expenses(including but not limited to legal fees, attorney’s fees and expenses) made by any third party related to or arising out of: (i) your use and access of the services, including the data transmitted or received by you; (ii) your violation of any term in this agreement, including but not limited to your alleged breach of the terms of this agreement, or representations and warranties; (iii) any breach or alleged breach of the representations, warranties or other terms, whether by you or by any child user whose account you approved as a parent or guardian or school personnel; (iv) your violation of any third party right, including but not limited to privacy rights, or intellectual property rights; (v) your failure to comply with applicable laws, rules or regulations including but not limited to your failure to get a necessary consent; (vi) user content or other information that is submitted through your account including but not limited to false or inaccurate information; (vii) your breach or alleged breach of any agreement or policy or conditions between you and other users; (viii) irresponsible or willful misconduct; (ix) third-party’s access and use of your account.

No Warranty:

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS APPLIES TO THE WEBSITE, DATA, INFORMAION, MATERIALS, CONTENT, USER CONTENT AND OTHER SIMILAR ELEMENTS MADE AVAILABLE THROUGH OUR SERVICES OR OUR WEBSITE. USE OF OUR SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, OUR SERVICES ARE PROVIDED WITHOUT ANY WARRANTIESOF ANY KIND, WHETHER STATUARY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO MESSAGE OR INFORMATION, OBTAINED BY YOU FROM SUPER COOL CODER OR THROUGH THE WEBSITE, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SUPER COOL CODER, ITS AFFILIATES, ITS SERVICE PROVIDERS, ITS SUBSIDIARIES, ITS EMPLOYEES, ITS DIRECTORS, AND ITS LICENSORS DO NOT WARRANT THAT THE WEBSITE OR ANY CONTENT, DATA, USER CONTENT, FEATURES OR ANY OTHER INFORMATION OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR, FREE OF ERRORS, OR CORRECT, OR RELIABLE, OR UP-TO-DATE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, SECURE OR; THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED OR UPDATED; THAT SERVICES ARE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME PARTS OF THE WEBSITE MAY NOT HAVE BEEN TESTED OR UPDATED.YOU AGREE THAT ANY INFORMATION OR CONTENT OR MATERIALS OR SOFTWARE OR DATA DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ANY RELATED DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIONS OF DOWNLOAD OR YOUR USE OF THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

SUPER COOL CODER DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SUPER COOL CODER SERVICE, AND THIS ALSO APPLIES TO ANY PRODUCTS OR SERVICES OF THIRD PARTY, MADE AVAILABLE THROUGH LINKS IN SUPER COOL CODER’S WEBSITE OR SERVICE, AND SUPER COOL CODER WILL NOT BE LIABLE OR OBLIGATED OR RESPONSIBLE IN ANY WAY TO OVERSEE ANY COMMUNICATION OR PROCEEDINGS BETWEEN YOU AND THIRD-PARTIES THAT PROVIDE PRODUCTS OR SERVICES.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, CONTRACT, SHALL SUPER COOL CODER, ITS AFFILIATES, ITS SERVICE PROVIDERS, ITS SUBSIDIARIES, ITS EMPLOYEES, ITS DIRECTORS, AND ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROPERTY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS FROM ANY LEGAL DISPUTES, LOSS FROM ANY COURT ACTIONS, LOSS IN BUSINESS, LOSS OF GOODWILL, OR ANY INTANGIBLE LOSSES, OR ANY OTHER TYPE OF LOSSES OF ANY NATURE WHATSOEVER, EVEN IF SUPER COOL CODER OR ITS AFFILIATES, ITS SERVICE PROVIDERS, ITS SUBSIDIARIES, ITS EMPLOYEES, ITS DIRECTORS, ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR RELATING TO (i) THE USE OF THIS SERVICE; (ii) INABILITY TO USE THIS SERVICE; (iii) THE TERMS; (iv) ANY OTHER EVENTS INVOLVING SUPER COOL CODER OR OTHER USERS OR ANY THIRD PARTY THROUGH THE SERVICE OR THE THIRD PARTY’S SERVICE. UNDER NO CIRCUMSTANCES WILL SUPER COOL CODER BE RESPONSIBLE FOR ANY TYPE OF DAMAGE, OR LOSS, OR OTHER IMPACTS ARISING OUT OF ANY TYPE OF SECURITY COMPROMISES OR THROUGH THE USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUPER COOL CODER AND ITS EMPLOYEES, ITS DIRECTORS, ITS AFFILIATES, ITS SERVICE PROVIDERS, ITS SUBSIDIARIES, ITS LICENSORS ASSUME NO RESPONSIBILITY OR LIABILITY FOR: (i) ANY OR ALL DAMAGES, LOSSES AND IMPACTS ARISING OUT OF ACTIONS RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR THE SERVICE OR YOUR INTERACTION WITH OTHER USERS; (ii) ANY INACCURACY, BUGS, MISTAKES, ERRORS IN CONTENT OR INFORMATION; (iii) PERSONAL INJURY OR DAMAGE TO PHYSICAL OR MENTAL HEALTH OR PROPERTY DAMAGE OR OTHER TYPES OF DAMAGE OF ANY NATURE WHATSOEVER, RELATING TO YOUR ACCESS OR USE OF OUR SERVICES; (iv) ANY UNAUTHORIZED ACCESS TO OR THE USE OF OUR SERVERS AND THE PERSONAL OR NON-PERSONAL INFORMATION STORED THEREIN; (v) ANY INTERRUPTION OR HALTING OF THE SERVICE OR OF THE TRANSMISSION TO OR FROM THE SERVICE; (vi) ANY VIRUSES, TROJAN HORSES, WORMS, BUGS, OR SIMILAR SOFTWARE PROGRAMS OR FILES THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (vii) ANY INCORRECT INFORMATION, INACCURATE CONTENT, INSUFFICIENT INFORMATION IN ANY MATERIALS OR ANY CONTENT, OR FOR ANY DAMAGE OR LOSS OR OTHER IMPACTS ARISING OUT OF THE USE OF ANY CONTENT DISPLAYED, EMAILED, MAILED, STORED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICE IN ANY OTHER WAYS; (viii) AND/OR ANY ACTIONS RELATING TO THIRD PARTY INCLUDING BUT NOT LIMITED TO USER CONTENT OR THIRD PARTY INTERACTIONS OR ANY DEFAMATORY, ILLEGAL, OFFENSIVE, OR UNACCEPTABLE ACTIONS BY ANY THIRD PARTY, AND UNDER NO CIRCUMSTANCES SHALL SUPER COOL CODER, ITS EMPLOYEES, ITS DIRECTORS, ITS AFFILIATES, ITS SERVICE PROVIDERS, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE TO YOU FOR THE MENTIONED SCENARIOS AND/OR FOR ANY LEGAL OR OTHER CLAIMS, COURT ACTIONS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LAWSUITS, LOSSES, DEBTS, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SUPER COOL CODER, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE OFFICIAL DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES IN ACCORDANCE WITH THE APPLICABLE LAWS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SEPCIFIC AND APPLICABLE RIGHTS, AND YOU MAY ALSO HAVE OTHER APPLICABLE RIGHTS WHICH VARY FROM STATE TO STATE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY MENTIONED IN THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAWS.

General:

No Waiver:

No right or provision of the terms will constitute a waiver in any event or circumstances related to the Super Cool Coder’s failure to exercise or enforce any such right or provision.

Governing Law:

The terms will be governed by and interpreted in accordance with the laws of the State of California, without respect to its principles of conflict of law that may cause the application of laws from any other jurisdictions.

Arbitration:

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE CONCERNED PARTIES TO ARBITRATE THEIR DISPUTES AND IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS TERMS OF SERVICE AGREEMENT, YOU AGREE TO BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND THE RIGHT TO A HAVE A JUDGE OR A TRIAL BY A JURY TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. In the event where any dispute between you and Super Cool Coder has not been resolved within 60 days, Super Cool Coder and you agree to resolve any such dispute or claim or similar issues arising out of or relating to these terms, or the breach or alleged breach of the terms, or other events, by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) and will be resolved before a neutral arbitrator. The arbitration shall be conducted in Santa Clara County, California or other place where Super Cool Coder and you may agree. The initial filing fee will be paid by the party which files the arbitration; each party is responsible for the expense of that party’s administrative fees, attorney’s, witnesses, experts, arbitrator fees, but a party may recover the expenses from another party if determined by the arbitrator under applicable laws. No part of this section shall be deemed to restrict Super Cool Coder from seeking injunctive or other equitable relief from court to protect Super Cool Coder’s rights or proprietary interests. Any claim or dispute must be brought in the parties’ individual capacity, and the proceedings to resolve the dispute will be conducted solely on an individual basis, and neither you nor Super Cool Coder will seek to have any dispute brought as a class action, class action, collective action, private attorney general action or in any other representative proceeding which involves any party in a representative capacity. No arbitration or proceeding shall be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings and unless all the parties agree, the arbitrator may not consolidate more than one person’s claims. To the extent permissible under applicable laws, any dispute arising from these terms must be files within one year of the time when the event that lead to the dispute, begins and if any dispute is not filed within this one year, it is prohibited forever from proceeding as a valid dispute.

Assignment:

These terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Super Cool coder without consent or any restriction. Any attempted assignment or transfer in violation of these terms shall be null and void.

Severability:

In the event where any provision of these terms or of any other agreements you enter into, is deemed as unlawful or invalid or void by applicable authority such as a court of valid jurisdiction under acceptable reasons, then the limitation of that provision will not affect the validity of the remaining provisions of this agreement and those agreements you enter into.

Updates and Communication:

We may send you messages or notifications related to marketing, or related to our services or business operations, or as required by applicable laws, via email or through other means of communication, or make available on our website. We are not responsible if you are not able to see the notifications due to your personal reasons or technical reasons such as an email filter or other types of screening procedures in place for your email, or phone or other communication methods. We may change or update this agreement and any other agreement you enter into, from time to time, and you should check these agreements periodically. We post the revised agreement with the date it was updated. If we make changes in a material manner, we specify the date of modification on the related page, and we may let you know by either notifying you or by posting a notice on our website. Your continued use of our services after such changes to these terms or other applicable agreements represents that you accept the new changes in the terms of service and other applicable agreements. If you do not agree to any part of this terms of service or any future changes to the agreement, you must stop the use or access of our services and website.

Contact:

You can contact us for any questions about this Terms of Service, by sending an email to the following email address: info@supercoolcoder.org

This Terms of Service Agreement was last updated on September 28, 2019.

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