CodeTRAX Service Agreement
Welcome to CodeTRAX!
This document constitutes a Service Agreement between you and CodeTRAX. Throughout this document CodeTRAX may be referred to as "we", "us" or "our". This agreement applies to all web sites, services, software that display or link to this document and that you use while this agreement is in force. All of the software or services are referred to collectively as the "Services" in this agreement.
1. What the CodeTRAX Service Agreement covers¶
1.1 Your use of the “Services” is subject to the terms of a legal agreement referred to as the "CodeTRAX Service Agreement" or the "Agreement" between you and CodeTRAX. This document explains and sets out some of the terms of that Agreement.
1.2 Your agreement with CodeTRAX also includes the terms and conditions of any Legal Notices applicable to the Services, in addition to the terms of this agreement. All of these additional terms and conditions are referred to as the “Additional Terms” in this document. Where Additional Terms apply to a Service, these will be accessible for you to read or print either within, or through your use of, that Service.
1.3 The CodeTRAX Service Agreement together with any Additional Terms, which are collectively referred to as the "Terms of Service" or the "Terms" in this document, constitute a contract between you and CodeTRAX in relation to your use of the Services.
1.4 If there is any contradiction between what the terms of the CodeTRAX Service Agreement and the Additional Terms, then the Additional Terms shall take precedence in relation to that Service.
1.5 The Terms constitute the whole legal agreement between you and CodeTRAX and govern your use of the Services.
1.6 Services provided to you by CodeTRAX under a separate written agreement are excluded from the CodeTRAX Service Agreement.
1.7 The Terms completely replace any prior agreements between you and CodeTRAX in relation to the Services.
2. Acceptance of the Terms¶
2.1 In order to use the Services, you must first agree to the Terms. It is important that you take the time to read them thoroughly.
2.2 You may not use the Services, if you do not accept the Terms.
2.3 You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by CodeTRAX in the user interface for any Service; or
- by actually using the Services. In this case, you understand and agree that CodeTRAX will treat your use of the Services as acceptance of the Terms from that point onwards.
2.4 You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with CodeTRAX, or
- you are a person barred from receiving the Services under the laws of the European Union or other countries including the country in which you are resident or from which you use the Services.
2.5 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Language of the Terms¶
3.1 CodeTRAX provides you the English language version of the Terms. Regardless of your natural speaking language, the English language version of the Terms will govern your relationship with CodeTRAX.
4. Modifications to the Terms¶
4.1 CodeTRAX may make modifications to the CodeTRAX Service Agreement or the Additional Terms from time to time. When these modifications are made, CodeTRAX will make a new copy of the CodeTRAX Service Agreement available at http://www.codetrax.org/TermsOfService and any new Additional Terms will be made available to you from within, or through, the affected Services.
4.2 You understand and agree that any use of the Services by you after the date of the last modification of the Terms is deemed acceptance of the updated Terms.
4.3 CodeTRAX will identify each version of the Agreement by its effective date at the bottom of the page.
4.4 CodeTRAX may (but shall have no obligation to) keep prior versions of the Agreement in an archive.
5. Terminating this legal agreement¶
5.1 The Terms will continue to apply until terminated by either you, or CodeTRAX as set out below.
5.2 You may terminate this legal agreement with CodeTRAX at any time, with or without cause, by:
- notifying CodeTRAX in writing (in accordance with any terms set out in Section 21) and
- closing your accounts for all of the Services which you use, where CodeTRAX has made this option available to you.
5.3 CodeTRAX may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- CodeTRAX is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the partner with whom CodeTRAX offered the Services to you has terminated its relationship with CodeTRAX or ceased to offer the Services to you; or
- the provision of the Services to you by CodeTRAX is, in CodeTRAX' opinion, no longer viable.
5.4 CodeTRAX' rights regarding provision of the Services, set out in Section 8 of the Terms, are in no way affected by any terms in this Section.
5.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CodeTRAX have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
6.2 You agree to the use of your data in accordance with CodeTRAX’ privacy policies.
7. Copyright and trade mark policies¶
7.1 It is CodeTRAX' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
8. CodeTRAX Partners¶
8.1 CodeTRAX may partner or affiliate with legal entities around the world, referred to as “Partners and Affiliates” in this document.
9. EXCLUSION OF WARRANTIES¶
9.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND 10, SHALL EXCLUDE OR LIMIT CODETRAX’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND “AS AVAILABLE”.
9.3 IN PARTICULAR, CODETRAX, ITS PARTNERS AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
9.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CODETRAX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.6 CODETRAX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY¶
10.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 9.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CODETRAX, ITS PARTNERS AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
- (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- (II) ANY CHANGES WHICH CODETRAX MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- (III) YOUR FAILURE TO PROVIDE CODETRAX WITH ACCURATE ACCOUNT INFORMATION;
- (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
10.2 THE LIMITATIONS ON CODETRAX’S LIABILITY TO YOU IN PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT CODETRAX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Provision of the Services by CodeTRAX¶
11.1 It is possible that the CodeTRAX Partners and Affiliates may provide the Services to you on behalf of CodeTRAX itself. You acknowledge and agree that Partners and Affiliates will be entitled to provide the Services to you.
11.2 CodeTRAX is constantly innovating around the Services. You acknowledge and agree that the form and nature of the Services, which CodeTRAX provides, may change from time to time without prior notice to you.
11.3 As part of this continuing innovation, you acknowledge and agree that CodeTRAX may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at CodeTRAX’ sole discretion, without prior notice to you.
11.4 You may stop using the Services at any time. You do not need to specifically inform CodeTRAX when you stop using the Services.
11.5 You acknowledge and agree that if CodeTRAX disables access to your account:
- you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account; or
- you may be prevented from accessing or modifying content you may have provided to CodeTRAX as part of your use of the Services, which is not contained in your account.
11.6 You acknowledge and agree that while CodeTRAX may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by CodeTRAX at any time, at CodeTRAX’ discretion.
12. Use of the Services by you¶
12.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to CodeTRAX will always be accurate, correct and up to date.
12.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
12.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by CodeTRAX, unless you have been specifically allowed to do so in a separate agreement with CodeTRAX. You specifically agree not to access (or attempt to access) any of the Services through any automated means.
12.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
12.5 Unless you have been specifically permitted to do so in a separate agreement with CodeTRAX, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
12.6 You agree that you are solely responsible for (and that CodeTRAX has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which CodeTRAX may suffer) of any such breach.
12.7 You agree that you will promptly notify us (in accordance with any terms set out in Section 21) if you learn of a security breach related to the Services.
12.8 You acknowledge that the Services may contain information which is designated confidential by CodeTRAX and that you shall not disclose such information without CodeTRAX’ prior written consent.
13. Your passwords and account security¶
13.1 You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
13.2 You acknowledge and agree that you will be solely responsible to CodeTRAX for all activities that occur under your account.
13.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify (in accordance with any terms set out in Section 21) CodeTRAX immediately.
14. Content in the Services¶
14.1 You understand and agree that all information (such as data files, written text, source code, computer software, audio files, photographs and other image files, video files) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
14.2 You understand and agree that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the advertisers or sponsors who provide that Content to CodeTRAX (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have agreed in writing with CodeTRAX or with the owners of that Content to do so.
14.3 The Services may include publicly accessible areas ("Public Areas") and areas to which you can control access by others ("Shared and Private Areas"). You may be able to submit Content for use to the Public Areas or the Shared and Private Areas of the Services.
14.4 You acknowledge and agree that CodeTRAX does not endorse Content you or others submit or provide to the Services.
14.5 CodeTRAX reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, relocate or remove any or all Content from any Service.
14.6 You agree that you are solely responsible for (and that CodeTRAX has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which CodeTRAX may suffer) by doing so.
14.7 You acknowledge and agree that, except for Content that CodeTRAX licenses to you, CodeTRAX does not claim ownership of the Content you submit or provide to the Services.
15. Proprietary rights¶
15.1 You acknowledge and agree that CodeTRAX (or CodeTRAX’ licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
15.2 Unless you have agreed otherwise in writing with CodeTRAX, nothing in the Terms gives you a right to use any of CodeTRAX’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
15.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with CodeTRAX, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and any additional guidelines CodeTRAX may provide you with.
15.4 Other than the limited license set forth in Section 11, CodeTRAX acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with CodeTRAX, you agree that you are responsible for protecting and enforcing those rights and that CodeTRAX has no obligation to do so on your behalf.
15.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
15.6 Unless you have been expressly authorized to do so in writing by CodeTRAX, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
16. License from CodeTRAX¶
16.1 Software, in binary or source form, provided to you by CodeTRAX as part of the Services or made available to the general public by CodeTRAX for use or peer-review, and which is referred to as the “Software” below, may be accompanied by all the legal documents, including a License Agreement and other Legal Notices, collectively referred to as the "Software License" hereafter, which set out in detail your rights and obligations regarding using, copying, modifying, creating derivative works of, or distributing the Software.
16.2 Text files containing source code, distributed as part of the Software, and which are referred to as "Source Code Files" below, may contain a head section indicating the license terms (referred to as "Special Source Code License") under which the source code, in whole or in part, within that specific Source Code File is provided to you. If there is any contradiction between the Special Source Code License and the Software License, then the Special Source Code License shall take precedence.
16.3 Software or Source Code Files may be distributed as part of the Services without a Software License or a Special Source Code License. In such cases, you acknowledge and agree that the Software or the Source Code Files are provided to you under the terms of the Apache License version 2.0 (referred to as the "Apache License" below); you may not use such Software or Source Code Files except in compliance with the Apache License. You may obtain a copy of the Apache License at http://www.codetrax.org/licenses/ApacheLicenseV2.
16.4 Text, including but not limited to articles published on the CodeTRAX web sites, but excluding Source Code Files, (referred to as "Text" below) may be accompanied by a Legal Notice placed at the end of the document's main content or at the end of the web page in which the Text is displayed. The Legal Notice may contain information about the license (referred to as "Text License") under the terms of which the Text is provided to you. The Legal Notice may contain links to the full text of the Text License or other legal documents that govern your uses of the Text.
16.5 CodeTRAX may publish Text without an accompanying Legal Notice. In such cases, you acknowledge and agree that the Text is subject to the terms of a Creative Commons Attribution - No Derivatives version 3.0 Unported license. You may read or print the license's deed at http://creativecommons.org/licenses/by-nd/3.0/. You may also obtain a full copy of the license's legal code at http://creativecommons.org/licenses/by-nd/3.0/legalcode.
16.6 The Software is subject to the Greek export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software.
17. Content license from you¶
17.1 You retain copyright and any other rights you already hold in the Content which you submit, post or display on or through, the Services.
17.2 By submitting, posting, or displaying the Content on, or through, the Services you grant to CodeTRAX, to those members of the public to whom you have granted access (for Content posted on Shared and Private Areas), or to the public (for Content posted on Public Areas) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license, referred to as "License From You", to:
- use, modify, adapt, translate, copy, reproduce, publish, publicly perform and distribute the Content in connection with the Services;
- publish your name in connection with the Content; and
- grant these rights to others.
17.3 The License From You exists for the sole purpose of enabling CodeTRAX to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
17.4 You understand and agree that CodeTRAX may need to make copies, change the format, transcode or otherwise process Content posted on the Services, including on Shared and Private Areas, in order to:
- store and retrieve the content;
- make the content available to you and those members of the public to whom you have granted access;
- conform to connecting networks' technical requirements; or
- conform to the limitations and terms of the Services.
17.5 You agree that this license includes a right for CodeTRAX to make such Content available to other companies, organizations or individuals with whom CodeTRAX has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
17.6 You understand that CodeTRAX, in performing the required technical steps to provide the Services to its users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit CodeTRAX to take these actions.
17.7 You confirm and warrant to CodeTRAX that you have all the rights, power and authority necessary to grant the above license.
18.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
18.2 The manner, mode and extent of advertising by CodeTRAX on the Services are subject to change without specific notice to you.
18.3 In consideration for CodeTRAX granting you access to and use of the Services, you agree that CodeTRAX may place such advertising on the Services.
19. Other content¶
19.1 The Services may include hyperlinks to other web sites or content or resources. CodeTRAX may have no control over any web sites or resources which are provided by companies or persons other than CodeTRAX.
19.2 You acknowledge and agree that CodeTRAX is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that CodeTRAX is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
20.1 CodeTRAX may assign this contract, in whole or in part, at any time with or without notice to you.
20.2 Unless CodeTRAX has specifically allowed you in writing with a separate license agreement, you may not assign this contract, or any part of it, to any other person or company. Any attempt by you to do so is void.
20.3 You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void.
21. Your notices to CodeTRAX¶
21.1 You may notify CodeTRAX as stated in the "Contact" area of the Service.
21.2 CodeTRAX does not accept e-mail notices.
22. Notices CodeTRAX sends you¶
22.1 You agree that CodeTRAX may provide you with notices, including those regarding your account or any modifications to the Terms, by:
- e-mail at the e-mail address you specified during the registration process;
- access to a web page which will be designated in an e-mail notice sent to you at the time the information is available; or
- access to a web page which will be generally designated in advance for this purpose.
22.2 You have the right to withdraw the consent as set out in paragraph 22.1, but if you do so, CodeTRAX reserves the right to cancel the Service or terminate this agreement with you.
22.3 Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. Your access to, and use of, the Services is treated by CodeTRAX as proof that you have the knowledge, the necessary software, and the necessary hardware to receive these notices.
22.4 If you do not consent to receive any notices electronically, you must stop using the service.
23. General legal terms¶
23.1 You understand and agree that this contract exists solely for your and CodeTRAX' benefit. It is not for the benefit of any other person or company, except for permitted successors and assigns.
23.2 You acknowledge and agree that if CodeTRAX does not exercise or enforce any legal right (which is contained in the Terms or not), this will not be taken to be a formal waiver of CodeTRAX’ rights and that those rights will still be available to CodeTRAX.
23.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
23.4 Any claim related to CodeTRAX, the Terms, or the Services may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to CodeTRAX and its successors and assigns.
23.5 The Terms, your relationship with CodeTRAX under the Terms, and any disputes arising out of or in relation to CodeTRAX shall be governed by, and construed and enforced in accordance with the laws of Greece without regard to its conflicts of laws provisions or principles.
Last modified on February 4, 2009