Last updated: September 18th, 2021
1.1. The following defined terms apply in this agreement.
Example: means the User's generated Content as "Content" is
defined later in these Terms.
Documentation: any documentation made available to the User
by CodeSnack IDE online via the CodeSnack IDE App or such
other web address where the Services may be accessed by the
User from time to time which sets out a description of the
Services and the User instructions for the Services.
Services: the services provided by CodeSnack IDE to you as
defined in clause 2.2 below.
Software: the online software applications provided by
CodeSnack IDE as part of the Services.
Terms: the terms and conditions set out in this document.
User: the user of the Service is a person who creates
Content via the Software.
1.2. Any other defined terms (introduced as such by
capitalization in bold) which appear later in these Terms
will take the meaning ascribed to them.
2.1. These Terms are a contract between you, the User, and
the authors and maintainers of the Services ("CodeSnack
IDE").
2.2. CodeSnack IDE operates www.codesnack-ide.com which
includes other domains from time to time which direct to
www.codesnack-ide.com via DNS aliases (the "CodeSnack IDE
App") and the CodeSnack IDE creation service contained
therein. By using the CodeSnack IDE App and any services
accessible from the CodeSnack IDE App, you are agreeing to
be bound by these Terms. If you do not agree to these Terms
or any part thereof, your only remedy is to not use the
CodeSnack IDE App or any services or products offered on the
CodeSnack IDE App or on any other platform, including mobile
applications, offered by CodeSnack IDE (collectively, the "
Service" or " Services").
2.3. Breach of these Terms or any part thereof will entitle
CodeSnack IDE to terminate your right to use the Service.
Any Content you may have created will be deleted. CodeSnack
IDE reserves the right to refuse the provision of the
Service to anyone at their complete discretion.
2.4. You agree and accept that your use of the Service is
entirely at your own risk.
2.5. These Terms will apply for as long as you use the
CodeSnack IDE App and/or the Services. Any part of these
Terms that by necessity or implication is to continue after
your use of the CodeSnack IDE App or the Services ends
(including the license under clause 4.1) shall continue in
force.
3.1. CodeSnack IDE hereby grants you a non-exclusive,
non-transferable, worldwide right to access and use the
CodeSnack IDE App, solely with supported browsers through
the Internet for your own internal purposes, subject to
these Terms.
3.2. You may not permit the CodeSnack IDE App to be used by
or for the benefit of any third parties.
3.3. Nothing in these Terms shall be construed to grant you
any right to transfer or assign rights to access or use the
CodeSnack IDE App.
5.1. Subject to the other Terms, CodeSnack IDE undertakes to
use its reasonable endeavors to provide that the Services
will be available for use and in accordance with the
Documentation.
5.2. The undertaking at clause 5.1 shall not apply to the
extent of any non-conformance which is caused by use of the
Services contrary to the CodeSnack IDE's instructions, or
modification or alteration of the Services by any party
other than CodeSnack IDE or CodeSnack IDE's duly authorized
contractors or agents. If the Services do not conform with
the foregoing undertaking, CodeSnack IDE will, at its
expense, use all reasonable commercial endeavors to correct
any such non-conformance promptly or provide the User with
an alternative means of accomplishing the desired
performance. Such correction or substitution constitutes the
User's sole and exclusive remedy for any breach of the
undertaking set out in clause 5.1. Notwithstanding the
foregoing, CodeSnack IDE: does not warrant that the User's use of the Services will be
uninterrupted or error-free; or that the Services,
Documentation, and/or the information obtained by the User
through the Services will meet the User's requirements; and is not responsible for any delays, delivery failures, or any
other loss or damage resulting from the transfer of data
over communications networks and facilities, including the
internet, and the User acknowledges that the Services and
Documentation may be subject to limitations, delays, and
other problems inherent in the use of such communications
facilities.
5.3. CodeSnack IDE shall, in providing the Services, comply
with our privacy policy relating to the privacy and security
of your data held by us. Such privacy policy is available
from the CodeSnack IDE App or such other website address as
may be notified to you from time to time. The privacy policy
may be amended from time to time by CodeSnack IDE at its
sole discretion.
5.4. If CodeSnack IDE processes any personal data on your
behalf when performing our obligations under these Terms, we
agree that you shall be the data controller and CodeSnack
IDE shall be a data processor and in any such case:
you acknowledge and agree that the personal data may be
transferred or stored outside the EEA or the country where
you are located in order to carry out the Services and
CodeSnack IDE's other obligations under these Terms;
you warrant that you are entitled to transfer the relevant
personal data to CodeSnack IDE;
both you and CodeSnack IDE shall take appropriate technical
and organizational measures against unauthorized or unlawful
processing of the personal data or its accidental loss,
destruction, or damage.
6.1. You warrant that you are legally entitled to enter into
and be bound by these Terms.
6.2. You shall:
provide CodeSnack IDE with all necessary co-operation in
relation to these Terms in order to allow us to provide the
Services;
comply with all applicable laws and regulations with respect
to your activities under these Terms;
ensure that you use the Services and the Documentation in
accordance with the Terms;
obtain and shall maintain all necessary licenses, consents,
and permissions necessary for CodeSnack IDE, its contractors
and agents to perform their obligations under these Terms,
including without limitation the Services;
pay the Fees for the Services applicable to your Account
6.3. You acknowledge that you are solely responsible for
procuring and maintaining your network connections and
telecommunications links, and all problems, conditions,
delays, delivery failures, and all other loss or damage
arising from or relating to your network connections or
telecommunications links or caused by the internet.
6.4. You shall not access, store, distribute or transmit any
material (in the Content or otherwise) during the course of
your use of the Services that:
6.5. You further agree not to:
impersonate any person or entity of falsely state or
otherwise present your affiliation with a person or entity;
phish, collect, upload, post, email or transmit or otherwise
make able any login data and/or passwords for other
websites, software or services;
forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through
the CodeSnack IDE App;
upload, post, email, transmit or otherwise make available
any information, materials or other Content that infringes
another's rights, including any intellectual property
rights;
upload, post, email, transmit or otherwise make available
any advertising, promotional materials, or any other form of
solicitation;
upload, post, email, transmit or otherwise make available
any material contains software viruses or any other computer
code, files or programs ned to interrupt, destroy or limit
the functionality of any computer are or hardware or
telecommunications equipment;
use any manual or automated software devices, or other
processes to any web pages contained in the CodeSnack IDE
interfere with or disrupt the CodeSnack IDE App, or any
servers or networks cted to the CodeSnack IDE App, or
disobey any requirements, procedures, policies or
regulations of networks connected to the CodeSnack IDE App;
obtain, collect, store or modify the personal information
about other;
modify, adapt or hack the CodeSnack IDE App or falsely imply
that some other is associated with the CodeSnack IDE App or
CodeSnack IDE; or
use the CodeSnack IDE App for any illegal or unauthorized
purpose. You must not, in the use of the CodeSnack IDE App
and the Services, breach any laws in your jurisdiction
(including but not limited to copyright laws).
6.6. For the avoidance of doubt any breach by you of any of
these Terms (which constitute conditions of your use) shall
entitle CodeSnack IDE, in its sole discretion, without
liability (including in relation to any payment made in
relation to your Account) or prejudice to its other rights,
to remove or refuse to distribute any Content via the
Services and to disable your access to your Account and to
terminate Users and reclaim User names. We also reserve the
right to access, read, preserve, and disclose (to any
competent authority) any information as we reasonably
believe is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii)
enforce these Terms of Use, including investigation of
potential breaches hereof, (iii) detect, prevent or
otherwise address fraud, security or technical issues, (iv)
respond to User support requests, or (v) protect the rights
of CodeSnack IDE, its Users, legitimate business interests
and the public.
7.1. You acknowledge and agree that CodeSnack IDE and/or its
licensors own all intellectual property rights in the
CodeSnack IDE App, the Software, the Services and the
Documentation. Except as expressly stated herein, these
Terms do not grant you any rights to, or in, patents,
copyright, database right, trade secrets, trade names,
trademarks (whether registered or unregistered), or any
other rights or licences in respect of the CodeSnack IDE
App, the Software, the Services or the Documentation.
7.2. All right, title and interest in Content generated by
you shall be proprietary to you (but shall be subject to the
licence granted by clause 4.1).
8.1. You acknowledge that you will be solely and fully
responsible for all liabilities incurred through the use of
your Account and the Services. You shall defend, indemnify
and hold harmless CodeSnack IDE against claims, actions,
proceedings, losses, damages, expenses and costs (including
without limitation court costs and reasonable legal fees)
arising out of or in connection with your use of the
Account, the Services and/or the Documentation including,
but not limited to, any liability arising from or resulting
from the Content uploaded to your Revision including
infringement of third party intellectual property or laws or
civil or criminal claims
9.1. You understand, agree and accept that your use of the
CodeSnack IDE App and the Services is at your own discretion
and risk and that you will be solely responsible for loss of
data that results from the submission or download of such
content.
9.2. This clause 9 sets out the entire financial liability
of CodeSnack IDE (including any liability for the acts or
omissions of its employees, agents and sub-contractors) to
you:
arising under or in connection with these Terms;
in respect of any use made by you of the CodeSnack IDE App,
the Services and Documentation or any part of them; and
in respect of any representation, statement or tortious act
or omission (including negligence) arising under or in
connection with these Terms.
9.3. Except as expressly and specifically provided in this
agreement:
you assume sole responsibility for results obtained from
your use of the CodeSnack IDE App, the Services and the
Documentation, and for conclusions drawn from such use.
CodeSnack IDE shall have no liability for any damage caused
by errors or omissions in any information, instructions or
scripts provided to CodeSnack IDE by you in connection with
the Services, or any actions taken by CodeSnack IDE at your
direction;
all warranties, representations, conditions and all other
terms of any kind whatsoever implied by statute or common
law are, to the fullest extent permitted by applicable law,
excluded from this agreement; and
the CodeSnack IDE App, the Services and the Documentation
are made available to you on an "as is" and “as
available†basis.
9.4. CodeSnack IDE does not warrant:
that the provision of operation of the CodeSnack IDE App or
provision of the Services will be uninterrupted, secure,
reliable, timely or error-free;
that the CodeSnack IDE App or the Services will meet your
specific requirements;
that the results that may be obtained from the use of the
CodeSnack IDE App or the Services will be accurate or
reliable;
that the quality of any products, services, information or
other material purchased or obtained by you will meet your
expectations;
that any errors in the CodeSnack IDE App will be corrected;
the accuracy, validity or completeness of any information,
content or advice obtained through the CodeSnack IDE App or
the Services.
9.5. Nothing in these Terms excludes the liability of
CodeSnack IDE:
for death or personal injury caused by CodeSnack IDE's
negligence; or
for fraud or fraudulent misrepresentation.
9.6. Subject to clause 9.3 and clause 9.4:
CodeSnack IDE shall not be liable whether in tort (including
for negligence or breach of statutory duty), contract,
misrepresentation, restitution or otherwise for any loss of
profits, loss of business, depletion of goodwill and/or
similar losses or loss or corruption of data or information,
or pure economic loss, or for any special, indirect or
consequential loss, costs, damages, charges or expenses
however arising under these Terms; and
Subject the other provisions of this clause CodeSnack IDE's
total aggregate liability in contract, tort (including
negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the
performance or contemplated performance of this agreement
shall in no circumstances exceed the total of any Fees paid
for the User Subscriptions during the 12 months immediately
preceding the date on which the claim arose.
10.1. CodeSnack IDE shall have no liability to you under
these Terms if we are prevented from or delayed in
performing our obligations under these Terms, or from
carrying on its business, by acts, events, omissions or
accidents beyond our reasonable control, including, without
limitation, strikes, lock-outs or other industrial disputes
(whether involving the workforce of the Supplier or any
other party), failure of a utility service or transport or
telecommunications network, act of God, war, riot, civil
commotion, malicious damage, compliance with any law or
governmental order, rule, regulation or direction, accident,
breakdown of plant or machinery, fire, flood, storm or
default of suppliers or sub-contractors.
Variation. CodeSnack IDE may update the Terms from time
to time without notice and any changes will be Revisionding
on you. You agree to review these Terms regularly and we are
entitled to treat your continued access to or use of the
Services as confirmation that you agree to the changes.
Waiver. No failure or delay by a party to exercise any
right or remedy provided under these Terms or by law shall
constitute a waiver of that or any other right or remedy,
nor shall it prevent or restrict the further exercise of
that or any other right or remedy. No single or partial
exercise of such right or remedy shall prevent or restrict
the further exercise of that or any other right or remedy.
Rights and remedies. Except as expressly provided in
these Terms, the rights and remedies provided under these
Terms are in addition to, and not exclusive of, any rights
or remedies provided by law.
Severance
14.1. If any provision (or part of a provision) of these
Terms is found by any court or administrative body of
competent jurisdiction to be invalid, unenforceable or
illegal, the other provisions shall remain in force.
14.2. If any invalid, unenforceable or illegal provision
would be valid, enforceable or legal if some part of it were
deleted, the provision shall apply with whatever
modification is necessary to give effect to the commercial
intention of the parties.
15.1. These Terms, and any documents referred to in them,
constitute the whole agreement between the parties and
supersede any previous arrangement, understanding or
agreement between them relating to the subject matter they
cover.
15.2. Both you and CodeSnack IDE acknowledge and agree that
in entering into these Terms that we do not rely on any
undertaking, promise, assurance, statement, representation,
warranty or understanding (whether in writing or not) of any
person (whether party to this agreement or not) relating to
the subject matter of this agreement, other than as
expressly set out in these Terms.
Assignment. You shall not assign, transfer, charge,
sub-contract or deal in any other manner with all or any of
your rights or obligations under these Terms. CodeSnack IDE
may at any time assign, transfer, charge, sub-contract or
deal in any other manner with all or any of its rights or
obligations under these Terms.
Governing law. These Terms and any dispute or claim
arising out of or in connection with it or its subject
matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance
with the law of the United States of America and the State
of California.
Jurisdiction. Each party irrevocably agrees that the
courts of the United States of America and the State of
California shall have exclusive jurisdiction to settle any
dispute or claim arising out of or in connection with these
Terms or their subject matter or formation (including
non-contractual disputes or claims).
Mobibean, LLC
5540 Centerview Dr. Suite 200
Raleigh, NC, US 27606