Codezinger™ (the “Service”) is an online platform that can be used by Educators to administer, grade, and assess coding tasks assigned to Students for specified classes and time durations. RouteRabbit, Inc. [“The Company”] may offer other features in the future, or change or eliminate current features at any time. All of the features of the Service are subject to these Terms of Service.
The following capitalized terms shall have the following meanings whenever used in this agreement.
“USERS” refers to Educators, Students who register to use the Service;
“CONTENT” shall mean the audio and visual information, documents, software, coding problems, products and services contained or made available to Users in the course of using the Services;
“USER DATA” shall mean all data, information and material provided or submitted by one or more Users to the Services in the course of using the Services;
“INTELLECTUAL PROPERTY RIGHTS” shall mean all unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“LOG-IN INFORMATION” shall mean User names and passwords used to access the Services;
“FREE TRIAL SUBSCRIPTION” shall mean a fee-free, limited-time subscription for purchase consideration only.
By using Codezinger.com, all Users agree to all of the following terms and conditions listed on this web page without limitation or qualification which together serve as The Company’s Terms of Service. They constitute the legal terms of The Company’s website, www.codezinger.com, its sub-domains, and any associated web-based applications and services (collectively, “Services”), as owned and operated by RouteRabbit, Inc. with registered address at 2035 Sunset Lake Rd, Suite B-2 Newark, DE 19702. Continued use of the Services constitutes agreement to the Terms of Service, therefore, one should read it completely and thoroughly. A User’s continued use of this website constitutes your acknowledgement, understanding, and agreement to strictly abide by and be legally bound by all of these terms of service and conditions of use. If you do not agree with these terms of service or if you do not have the authority to enter into this agreement, then you do not have the right to use this service or the website(s) and you are prohibited from using them.
USERS OF SERVICES
You may use the Services only if you are 18 years or older and capable of forming a binding legal contract with The Company (or between the ages of 13 and 17 and using the Services with the consent of your parent or legal guardian) and are not barred from using the Services under applicable law.
To use the Services, Students and Educators (collectively, “Users”) will have to create an account (“Account”). If you are a Student, your Educator may have uploaded your e-mail address to trigger an e-mail from The Company Service inviting you to create your account or you may be able to create an account directly on Codezinger.com but you will require a Class Key provided by your Educator to access content administered by your Educator. It is important that you provide The Company with accurate, complete and up-to-date information for your Account (and your students’ Accounts, if you are an Educator) and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not do so, The Company reserves the right to suspend or terminate your Account. You agree that you will keep your Account password secret and you will notify The Company immediately of any unauthorized use of your Account. You are responsible for all activities that occur in your Account, whether or not you know about them. If you are a Student and want to correct your Account information, please let The Company know at [email protected] and The Company will confirm any changes with your Educator.
Any content that a User uploads or otherwise makes available in the Services remains that User’s sole property unless said User labels it as Public Domain Content. If a User marks any of said User’s content public domain (Public Domain Content) in the Services, said User automatically grants and/or warrants that the owner of said Public Domain Content has granted Codezinger.com, a perpetual royalty-free, non-exclusive right and worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes Codezinger.com make so that User content works better with the Services), communicate, publish, distribute, publicly perform, publicly display, and transmit the Public Domain Content through the Services. The rights Users grant in this license are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. This license continues even if a User stop using the Services. Some Services may offer Users ways to access and remove content that has been provided to that Service. Also, in some of The Company’s Services, there are terms or settings that narrow the scope of The Company’s use of the content submitted in those Services. Make sure you, as a User, have the necessary rights to grant The Company this license for any content that you, as a User, submit to the Services.
A User may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may a User reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or a User have The Company’s written permission.
The Company’s automated systems analyze User content (including e-mails) to provide Users personally relevant product features. This analysis occurs as the content is sent, received, and when it is stored. If a User submits feedback or suggestions about the Company’s Services, The Company may use said feedback or suggestions without obligation to the User who submitted said feedback.
A User also may permit any other Users of the Services, subject to said first User’s restrictions, to access, view, store, and reproduce the Public Domain Content to the same extent permitted herein to Codezinger.com.
You, as a User, acknowledge that the Services, any underlying technology used in connection with the Services, and all software, material, information, communications, text, graphics, links, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Services are provided by Codezinger.com or third-party providers and are protected by copyright and you, as a User, agree to not use such Content except as expressly provided in these Terms of Service and to not assert any fair use argument in relation to use of the Content. You, as a User, may not store any significant portion of any Content owned by, or licensed to Codezinger.com in any form, whether archival files, computer-readable files, or any other medium.
By using the Services, you, as a User, agree that Codezinger.com can use your personal data in accordance with its privacy policies.
Codezinger.com responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Codezinger.com provides information to help copyright holders manage their intellectual property online. If you, as a User, think somebody is violating your copyrights and want to notify Codezinger.com please do so as soon as possible so that Codezinger.com can review your take-down request.
Even when you, as a User, download Codezinger.com content, you acknowledge that Codezinger.com and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading, modifying, or printing the Content. Using Codezinger’s Services does not give you, as a User, ownership of any intellectual property rights in the Services or in the content that you access. You may not use content from Codezinger’s Services unless you obtain permission from its owner or are otherwise permitted by law excluding any doctrine of fair use. These terms do not grant you the right to use any branding or logos used in Codezinger’s Services. Do not remove, obscure, or alter any legal notices displayed in or along with Codezinger’s Services.
Codezinger’s Services display some content that is not Codezinger’s content. This content is the sole responsibility of the entity that makes it available. Codezinger.com may review content to determine whether it is illegal or violates Codezinger.com’s policies, and Codezinger.com may remove or refuse to display content that Codezinger.com reasonably believes violates its policies or any law. However, that does not necessarily mean that Codezinger.com reviews content, so please do not assume that Codezinger.com does review content.
When using the Services, a User shall not: (a) copy, translate, decompile, reverse-engineer, or otherwise modify any parts of the Services (b) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (c) infringe the intellectual property rights of any entity; (d) interfere with or disrupt the Codezinger.com software, the Codezinger.com systems used to host the Services, other equipment or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services (e) use the Services in the operation of a service bureau or time-sharing service; (f) circumvent the User authentication or security of the website or the Services or any host, network, or account related thereto; (g) use any application programming interface to access the Services other than those made available by Codezinger.com; (h) mirror the Services on any server without prior approval from Codezinger.com; (i) make any use of the Services that violates any applicable local, state, national, international or foreign law; or (j) fail to use commercially reasonable efforts to prevent the unauthorized license, sale, transfer, lease, transmission, distribution or other disclosure of the Services, (k) except for licenses provided to Users as permitted in this Agreement, allow any third party to use any User identification(s), code(s), password(s), procedure(s) and/or User keys issued to, or selected by, Users for access to the Services or (l) post coding exercises or solutions to coding exercises anywhere on the Internet or any intranet.
The materials on the Codezinger.com website are provided “as is.” Codezinger makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Codezinger.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Services or otherwise relating to such materials or on any websites linked to The Company’s website. Codezinger.com is not responsible for the actions, content, information, or data of third parties, and you release The Company, its directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim that you have against any such third parties. To be clear, Codezinger.com and its employees make no representations, warranties, or guaranties as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services or any content associated therewith. Codezinger.com and its employees do not represent or warrant that:
the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
the Services will meet User requirements or expectations;
any stored data will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by a User through the Services will meet said User’s requirements or expectations;
errors or defects will be corrected;
or that the Services or the server(s) that make the Services available are free of viruses or other harmful components.
The Services and all content are provided to Users strictly on an “As Is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Codezinger.com and its employees.
In no event shall Codezinger.com, its affiliates or content providers be liable for any direct, indirect, special, incidental, punitive or consequential damages arising out of or related to the use, inability to use, authorized use, performance or non-performance of this website, even if Codezinger.com was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law, or otherwise.
Codezinger.com’s services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Codezinger.com shall not be responsible for any delays, delivery failures, loss of data, or other damage resulting from such problems.
Other than as expressly set out in these terms or additional terms, neither Codezinger.com nor its suppliers or distributors make any specific promises about the services. For instance, Codezinger.com makes no commitments as to the content within the Services, the specific functions of the Services, or the reliability, availability, or ability to meet a User’s needs.
Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law, Codezinger.com excludes all warranties.
When permitted by law, Codezinger.com and its suppliers and distributors will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Codezinger.com and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount that you, as a User, paid The Company to use the Services (or if Codezinger.com, chooses, to supplying you the Services again). In all cases, Codezinger.com, and its supplier and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
The materials appearing on Codezinger.com could include technical, typographical, or photographic errors. Codezinger.com does not warrant that any of the materials on its website are accurate, complete, or current. Codezinger.com may make changes to the materials contained on its website at any time without notice. Codezinger.com does not, however, make any commitment to update the materials.
Codezinger.com has not reviewed all of the websites linked to its Internet website and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Codezinger.com of the website. Use of any such linked website is at the User’s own risk.
If User is granted a license under this Agreement to a free (no fee) version of the Services, to the extent permitted by applicable law, User agrees that (i) Codezinger.com has no obligation to provide any particular service level or support services, and (ii) Codezinger.com may cease providing Services at any time without notice. This article supersedes any conflicting term of this Agreement.
Codezinger.com will provide support for Services enabling the cloud based services platform to enable User to engage in coding in reasonable time, for creating a User account on the Codezinger.com website and for using reasonable commercial efforts to ensure that all licensed Users are able to engage in coding without unreasonable errors.
Codezinger.com will use commercially reasonable security technologies (such as encryption, password protection and firewall protection) in providing Services, and Users agree to comply with the applicable Codezinger.com security guidelines and procedures made known to the User through the Services or otherwise. However, Codezinger.com does not control the transfer of data, including but not limited to User data, over telecommunications facilities, including the Internet, and Codezinger.com does not warrant secure operation of the Services or that such security technologies will be able to prevent third party disruptions of the Services.
Codezinger.com shall have the right to use third parties (“subcontractors”) in performance of its obligations and services hereunder. Should Codezinger.com use any subcontractors in performance of its obligations and services, Codezinger.com shall be fully responsible to User for the acts and omissions of its subcontractors as it is for Codezinger.com’s own acts and omissions. Nothing contained in this agreement shall create any contractual relationship between any subcontractor and any User.
Use of the Services by User’s direct competitors is prohibited, except with User’s prior written consent.
Use of the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes is prohibited.
Do not misuse the Company’s Services. For example, do not interfere with the Company’s Services or try to access them using a method other than the interface and the instructions that the Company provides. As a User, you may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. The Company may suspend or stop providing the Company’s Services to you if you do not comply with the Company’s terms or policies or if the Company is investigating suspected misconduct.
Users are responsible for all their activity occurring under this license.
User shall abide by all applicable local, state, international, national and foreign laws, treaties and regulations in connection with their use of the Services.
Each User indemnifies Codezinger.com against any of said User’s misuse or abuse of the Services.
Users shall notify Codezinger.com immediately of any unauthorized use or any known or suspected breach of security, and use all reasonable efforts to stop any known or suspected copying or distribution of content.
User shall not allow an unauthorized third party to gain access to the Services.
User shall keep all log-in information confidential, and it may only be used by User.
PAYMENT OF FEES
Except in the case of a free trial, payment must be received in advance before services are enabled.
Codezinger.com reserves the right to change the subscription fee from time to time.
In case of non-payment for any reason or any violation of these terms, Codezinger.com shall be entitled – without liability – to immediately cancel the access of any User to the Services.
INTELLETUAL PROPERTY OWNERSHIP
Reservation of rights. By signing this Agreement, User irrevocably acknowledges that User has no ownership interest in the Codezinger.com materials. Codezinger.com shall own all rights, title, and interest in such Codezinger.com materials, subject to any limitations associated with intellectual property rights of third parties. All the content may only be used solely as a part of the Services and for the duration of the Services, in accordance with the terms of this Agreement. Codezinger.com or its employees owns all rights, title and interest in any and all patent rights, copyrights, trademark rights and/or other rights in the website and the Services (including, but not limited to the content, reports, data generated by the website/ the Services), as well as any improvements, design contributions or derivative works conceived or created by either party based on the Services, including the know-how, techniques, or procedures acquired or used by Codezinger.com in the performance of the Services hereunder. Codezinger.com reserves all rights not specifically granted herein. This provision does not grant Codezinger.com ownership of User intellectual property as defined above. Users shall not remove notices and notations on the website or in the Services that refer to copyrights, trademark rights, patent rights and other intellectual property rights.
To the extent that services to be provided herein involve Codezinger.com’s use of User’s trademarks, service marks, trade names, or other intellectual property and content (the “User IP”), User hereby permits Codezinger.com to use User IP solely in connection with such listing and to list User in its general list of customers. Codezinger.com shall comply with User’s guidelines regarding use of User IP.
User understands that User is prohibited from posting at Codezinger.com, licensed content or intellectual property content of others or from other websites and Codezinger.com retains full rights to remove any and all content that it deems unsuitable for posting.
TERMINATION FOR CAUSE
Any breach of a User’s payment obligations or unauthorized use of Codezinger.com’s Service shall be deemed a material breach of this Agreement. The unauthorized use of any log-in information, either with or without User’s knowledge, shall be deemed a material breach of this Agreement. A User is responsible for maintaining the security and confidentiality of all log-in information, and for preventing access to any of the products and/or the content by unauthorized persons. Unauthorized access to or use of the product and/or the content by someone using User’s log-in information may be attributed to a User. Codezinger.com, in its sole discretion, may terminate User’s password, account or use of the Services if User breaches or otherwise fails to comply with this Agreement. In addition, Codezinger.com may terminate a free account at any time in its sole discretion. Users agrees and acknowledges that Codezinger.com has no obligation to retain User data, and may delete such User data, if User has materially breached this agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
User and Codezinger.com each warrant that each has the right to enter into this Agreement and that the Agreement executed hereunder is executed by an authorized representative of each party.
DISCLAIMER OF WARRANTIES
The Services, including content, is provided “As Is”, and Codezinger.com makes no warranty as to the accuracy or completeness of such content. Except as otherwise stated in this Agreement, Codezinger.com makes no other warranties, express or implied, including express or implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement.
No User may assign their rights or delegate their duties under this Agreement whether by operation of law, change of control, or in any other manner, without the prior written consent of the other party. Such consent shall not be unreasonably withheld. Any assignment or transfer in violation of this section shall be null and void.
This agreement shall inure to the benefit of the heirs and assigns of each party.
Codezinger.com shall not be liable to Users for any delay or failure of Codezinger.com to perform its obligations hereunder, if such delay or failure arises from any cause or causes beyond the reasonable control of Codezinger.com. Such causes shall include, but are not limited to, acts of God, war, rioting, terrorist action, floods, fires, loss of electricity or other utilities, or delays by Users in providing required resources or support or performing any other requirements hereunder.
This agreement, including any separately executed insertion orders shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.
The parties agree that this agreement cannot be altered, amended or modified, except by a written document, signed by an authorized representative of each party.
Headings are for reference purposes only, have no substantive effect, and shall not enter into the interpretation of this Agreement.
NO WAIVER, NO ESTOPPEL
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. No estoppel shall be created by any such failure or delay in enforcement.
SEVERABILITY AND REFORMATION
Each provision of this agreement is a separately enforceable provision. If any provision of this agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this agreement to remain in effect, in accordance with its terms as modified by such reformation.
CHOICE OF LAW
This agreement shall be governed and interpreted by the laws of State of Delaware, United States, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Delaware, United States, and you and Codezinger.com consent to personal jurisdiction in those courts. An exception may be made by Codezinger.com to compel binding arbitration in any particular matter at its sole discretion. If anyone brings a claim against Codezinger.com related to your actions or content, you agree to indemnify and hold Codezinger.com harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
BUSINESS USES OF THE SERVICES
If you are using the Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Codezinger.com and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
Codezinger.com may modify these terms or add additional terms that apply to the Services to, for example, reflect changes to the law or changes to the Services. You should look at the terms regularly. Codezinger.com will post notice of modifications to these terms. Codezinger.com will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and any additional terms, the additional terms will control for that conflict. These terms control the relationship between Codezinger.com and you. They do not create any third-party beneficiary rights.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
Codezinger.com strives to create a global community with consistent standards for everyone, but it also strives to respect local laws. The following provisions apply to Users and non-Users who interact with Codezinger.com outside the United States:
You consent to having your personal data transferred to and processed in the United States or at locations outside your country.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Codezinger.com. You will not use Codezinger.com if you are prohibited from receiving products, services, or software originating from the United States.
Reservation of RightsCodezinger.com reserve all rights not expressly granted to you.
When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to Codezinger.com, you may be communicating with us electronically. You consent to receive communications from Codezinger.com electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website or through other Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that Codezinger.com provide to you electronically satisfy any legal requirement that such communications be in writing. In connection with your use of the Services, Codezinger.com may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of Codezinger.com’s Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
All of Codezinger.com’s trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Services are trademarks or trade dress of Codezinger.com in the U.S. and other countries. Codezinger.com’s trademarks and trade dress may not be used in connection with any product or service that is not Codezinger.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Codezinger.com. All other trademarks not owned by Codezinger.com that appear in any of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Codezinger.com.
Any dispute or claim relating in any way to your use of any of the Services, or to any products or services sold or distributed by Codezinger.com or through Codezinger.com can, at The Company’s sole option, be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to The Company’s registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Codezinger.com will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Codezinger.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party each waives any right to a jury trial. Each party also both agree that Codezinger.com may bring suit in court to enjoin infringement or other misuse of intellectual property rights or in any other matter, at its sole option.
Notice and Procedure for Making Claims of Copyright InfringementIf User believe that User’s work has been copied in a way that constitutes copyright infringement, please submit complaint to [email protected] Codezinger.com will respond quickly to the concerns of rights owners about any alleged infringement. If User prefers to submit a report in writing, please provide The Company with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that User claims has been infringed upon;
A description of where the material that User claims is infringing is located on the site;
User address, telephone number, and e-mail address;
A statement by User that User has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by User, made under penalty of perjury, that the above information in User’s notice is accurate and that User is the copyright owner or authorized to act on the copyright owner’s behalf.
Codezinger.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
RouteRabbit, Inc. Legal Department
2035 SUNSET LAKE RD SUITE B-2
NEWARK, DE, 19702
Please note that this procedure is exclusively for notifying Codezinger.com that User’s copyrighted material has been infringed.