Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR SERVICES.

Last updated: December 16th 2016

Welcome to Codeplace.com, an online education platform operated by Morning Heroes S.A. (hereafter “us” “we” , or “ Codeplace.com”) providing a place for people to learn how to program web applications. By using Codeplace.com (the “Website”) and/or making use of any other service, including the Website or hosted tools (the “Service”), you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a “User Member” of the Website (each referred to as a “Member”). If you wish to use the Website, any Service or become a Member, you must read, comply with and agree to be bound by the terms of this Agreement. If you object to anything in this Agreement, do not use the Website or any of its Services.

GENERAL TERMS

Codeplace.com provides this Site to people seeking to learn how to code or to improve their coding skills ("Users") and looking for feedback and software development mentoring services. These Terms are entered into by and between Codeplace.com and you, and you accept them by: (a) contracting for becoming a member of the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

HOW THE SERVICE WORKS

We are an online education platform providing courses, tutorials and mentoring to teach Users how to program web applications. We provide content (video lectures, audio clips, text, code, scripts, software and photographs) to help Users develop web applications using multiple software tools and technologies. See the How it works section of the Website for more information.

CONTENT

Content definition and use

Codeplace.com and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Codeplace.com and its licensors (including other Users who post user content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Codeplace.com content. Use of the Codeplace.com content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Content availability

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

USE LICENSE

Subject to these Terms of Service, we grant each user of Codeplace.com a worldwide, non-exclusive, non-sub licensable and non-transferable license to use our content. Codeplace.com contains content specifically provided by us, our partners and our users and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Use, reproduction, modification, distribution or storage of any content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right. Codeplace.com may terminate this license at any time for any reason or no reason.

YOUR OBLIGATIONS AND CONDUCT

In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Codeplace.com, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.

You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Site. You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Codeplace.com or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. We reserve the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.

You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Codeplace.com, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a user with or without notice.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  1. Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  2. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  3. Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
  4. Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  5. Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  6. Take any action that would undermine any aspect of the Site;
  7. Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
  8. Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
  9. Impersonate another person or allow any other person or entity to use your user name, password or membership;
  10. Post the same content repeatedly or spam - spamming is strictly prohibited;
  11. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
  12. Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  13. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
  14. Restrict or inhibit any other user from using and enjoying the Site.

By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses and (e) you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

By using the Site, you understand and agree that Codeplace.com may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Codeplace.com may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.

You hereby authorize Codeplace.com to verify the above representations and warranties by you and you acknowledge and agree that Codeplace.com shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Codeplace.com may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.

The preceding paragraph notwithstanding, you understand and agree Codeplace.com does not conduct background checks of any user. You also understand and agree Codeplace.com neither confirms nor denies the validity of information provided by users and that Codeplace.com does not verify that any or all of the Eligibility Conditions are met by users. You understand and agree to make your own decisions and assessments about persons to engage and that it is your sole responsibility to conduct any and all background and reference checks regarding other issues.

Codeplace.com expressly disclaims, and you expressly release Codeplace.com from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a user's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any user.

GENERAL FINANCIAL TERMS

General pricing policy

The Service Fee or any other prices displayed on the Website are only indications and are valid only for the moment that they are displayed. Codeplace.com reserves the right to change any indicated prices on the Website without prior notice. Such a change will have no effect on Orders which have been paid by the User.

Codeplace.com does its best to prevent errors in the pricing indicated on the Website. However, should an error occur, neither the User nor Codeplace.com are bound by the Order and may cancel the Order. Any amounts paid related to that Order will be refunded to the User.

Payment methods

In connection with your payment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Codeplace.com or its third party payment processors. You agree to pay Codeplace.com for the monthly or annual subscriptions in accordance with these Terms, and to the terms of the payment gateway provider that Codeplace.com uses, i.e. www.braintreepayments.com by PayPal You hereby authorize the collection of such amounts by charging the credit card or PayPal account provided as part of requesting the Interaction, either directly by Codeplace.com or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to Codeplace.com’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Interaction. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Subscriptions

Codeplace.com offers multiple subscription plans contemplating different value propositions as described on our Pricing page. Our paid plans can be subscribed on a monthly recurring basis or an annual recurring basis. Codeplace.com reserves the right to cancel the access to the service to a user whenever the user has not renewed the subscription in a timely way (i.e. failure to complete the recurring payment to extend the subscription duration). Codeplace.com reserves the right to alter the price of its subscription whenever it deems appropriate and without having to notify its Users.

Users can change their plan whenever they want and changes will reflect immediately on the next recurring payment date when the user downgrades and effective immediately when the user upgrades.

Users do not have the right to a refund in the event where Codeplace.com might be lower than when these Users initially purchased the access to the Service. Codeplace.com promotions and prices are not retroactive which means that Users cannot ask for lower prices than when they initially purchased the Service.

Refunds

You as a Member (i.e. a User that has subscribed to a Codeplace.com paid subscription) have the right to a full refund of the money spent on your purchase up to 30 days since you purchased our Service.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Codeplace.com cannot and does not offer Tax-related advice to any Members of the Site, Application and Services.

ADVERTISEMENTS AND PROMOTIONS

Codeplace.com may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Codeplace.com found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Codeplace.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Codeplace.com advertisers on the Site.

CONTENT PROVIDED VIA LINKS

You may find links to other websites or resources on the Site. You acknowledge and agree that Codeplace.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Codeplace.com will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

INTELECTUAL PROPERTY RIGHTS

Except as expressly authorized by Codeplace.com or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Codeplace.com discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your Codeplace.com Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your Codeplace.com account.

ASSUMPTION OF RISK

You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other users.

MEMBER DISPUTES

You are solely responsible for your interactions with our Members. We reserve the right, but not the obligation, to monitor disputes between you and other Members.

TERMINATION AND SUSPENSION

Codeplace.com reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.

DISCLAIMER OF WARRANTIES

Use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and Content, is provided on an "as is", "as available", and "with all faults" basis. Codeplace.com disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. Codeplace.com makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.

Codeplace.com makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the website will be accurate or reliable; (c) the quality of any products, services, Content, information, or other material purchased or obtained from Advisors will meet your expectations or requirements; or (d) any errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from the Site, including any damages resulting from computer viruses.

NO NON-PERMITTED USE BY MEMBERS

Use of the Website is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of the Website may be referred for criminal prosecution.

PRIVACY AND COMMUNICATIONS

Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see our Privacy Policy for more information regarding these communications.

LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

COMMERCIAL RELEASE

By using the Service, you hereby authorize us and our agents, successors and assigns to photograph and/or videotape and/or record you and/or our voice(s) without restriction and to utilize such photographs/videos and/or voice transcriptions or recording for any commercial purpose, including, but not limited to, the promotion and marketing of the Service, without further compensation whatsoever of any kind as a result of such use.

GOVERNING LAW

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Amsterdam, Netherlands, without giving effect to any principles of conflicts of law.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

CONTACT US

If you have any questions about this Agreement, please contact us at [email protected]

Company Name: Morning Heroes S.A.

Address: Rua Paulo da Gama 6291 4150-589, Porto, Portugal

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