Codelearn Terms of Use

Codelearn is available to person who has capacity for civil acts of individuals. By using Codelearn, you present and warrant that You are of legal age to form a binding contract in Your place of residence, and are not a person barred from receiving services under the laws of the Viet Nam or other applicable jurisdiction. We reserve the right to refuse registration of, or cancel, any Codelearn Account or access to Codelearn by anyone in Our reasonable discretion, at any time. Codelearn Accounts will be accessed through a username and password that You will create (Your “Credentials”). Your Credentials are solely for Your use and must not be shared. Each Codelearn online community (each “Codelearner”), needs to have his or her own Codelearn Account and Credentials. You agree that Your Credentials and information You provide upon registration of Your Codelearn Account and at all other times will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of Credential, and for all activities that occur under Your Codelearn Account. You agree to immediately notify Us of any unauthorized use of Your Codelearn Account, Credentials, or any other breach of security. You agree that We will not be liable for any loss or damage arising from Your failure to provide Us with accurate information or to keep Your Credentials secure.

1. Codelearn provides certain features which enable Codelearners to submit, post, and share data, text, software, graphics, messages or other material (“Content”). Content that Codelearners submit, post or share is subject to Terms. Content that You own and post on or through Codelearn belongs to You and You may use it in any way, except as prohibited by applicable law or regulations. By using Codelearn, You are granting Us permission to use the Content as described in these Terms.

2. By using Codelearn You are granting Us a non­exclusive, worldwide, royalty­free, fully paid­up, sublicenseable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, distribute, modify, display, and communicate Your Content. If You post Content on or through Codelearn, You represent and warrant that You have the right to post the Content and to grant the above rights to Us. This license continues even if You terminate Your Codelearn Account and/or stop using Codelearn.

3. You understand that by posting Your Content that You are responsible for Your Content and any Content that You create, transmit or display while using Codelearn, and for any consequences thereof. You further agree that under no circumstances will We be liable for the errors or omissions associated with Your Content. You represent and agree to all of the following and acknowledge We are explicitly relying on such representations and agreement with regard to Your Content and use of Content made available on Codelearn:

• The Content represents Your own original work and/or You have all necessary rights to disclose the Content. In doing so, You are not violating the rights of any third party and You know of no other individual or entity whose rights will be infringed or violated by the Content being viewed and used as described in these Terms.
• You agree to use Codelearn only for purposes that are legal, proper and in accordance with these Terms. Your disclosure of Your Content does not violate a confidential relationship with any third party or establish a confidential relationship Us.
• You understand that You are responsible for Your Content that You upload, post, e­mail, transmit, or otherwise make available through Codelearn. Except as permitted in these Terms, You do not have the rights to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to You, other than viewing of Content or the associated Challenges on or through the Codelearn.

4. We cannot and need not control all Content posted by Codelearners on or through Codelearn, and We do not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will We be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content. You understand that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. We do not endorse and are not responsible for the accuracy, usefulness, safety, or of or relating to Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO.

5. We reserve the right, in Our reasonable discretion, to refuse certain Content to be uploaded to and/or hosted by Codelearn, or to edit or remove any Content at any time with or without notice.

6. You are solely responsible for Your Content and the consequences of posting or publishing it. In connection with Your Content, You affirm, represent, and warrant that:

You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content in the manner contemplated by these Terms, and to grant the rights and license set forth above.

Your Content, Our use of Your Content pursuant to these Terms, and exercise of the license rights set forth above, do not and will not:

• Infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right;
• Slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person;
• Violate any applicable law or regulation

7. If You provide Us with any comments, bug reports, feedback, or modifications proposed or suggested by You (“Feedback”), We shall have the right to use such Feedback at Our discretion, including, but not limited to the incorporation of such suggested changes into Codelearn and/or our other products and services. You hereby grant to Us a perpetual, irrevocable, non­exclusive license under all rights necessary to incorporate and use Your Feedback for any purpose.

1. We have the right, but not the obligation, to remove or block Content from Codelearn that We determine in Our reasonable discretion to be in violation of these Terms, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property or that is detrimental to the quality or intended spirit of Codelearn. We also have the right, but not the obligation, to limit or revoke the use privileges of the Codelearn Account of any Codelearner who posts such Content or engages in such behavior.

2. You alone are responsible for Your interaction with other Codelearners via Codelearn. If You have a dispute with one or more Codelearners or if You disagree with the results of a Challenge, Your sole remedy is to cease using Codelearn. You irrevocably and forever release Us (and Our officers, directors, agents, subsidiaries, contractors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes

3. We do not permit copyright infringing activities through Codelearn and We reserve the right to terminate access to Codelearn and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of Your use of Codelearn and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.

4. We will use common business sense regarding behavior or Content allowed on or through Codelearn. Examples of unacceptable Content or behavior include:

• Abuse, harassment, threats, flaming or intimidation of any person or organization.
• Uploading or sending pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate Content.
• Uploading copyrighted material that is not Your own or that You do not have the legal right to distribute, display, and otherwise make available to others.
• Making unsolicited offers, advertisements, proposals, or sending junk mail (aka spam)
• Impersonating another person or pretending to be affiliated with an organization with which You are not affiliated or misrepresenting the extent of Your affiliated or role with an affiliated organization or the source, identity or Content transmitted.
• Engaging in or contributing to any illegal activity or activity that violates others’ rights.
• Use of derogatory, discriminatory or excessively graphic language.
• Transmitting worms, viruses or harmful software.
• Disclosing the personal or proprietary information of another person or organization not otherwise permitted by applicable rules or law.
• Sharing Codelearn Accounts or Credentials with any third party or encouraging any other Hacker to do so.

1. We, in Our reasonable discretion may terminate Your Codelearn Account and/or Credentials and remove and discard any Content within Codelearn if We believe that You have violated or acted inconsistently with the letter and spirit of these Terms.

2. You may terminate Your Codelearn Account and Your right to use Codelearn at any time and for any reason or no reason, by contacting Us user support at [email protected]. However, if You have a separate agreement with Us which has conflicting terms regarding termination, those terms shall take precedence.

3. After cancellation or termination of Your Codelearn Account for any reason, You will no longer have access to Your Codelearn Account and all information and Content in Your Codelearn Account or that You have stored on Codelearn may be, but is not required to be deleted by Us. We will have no liability for information or Content that is deleted due to the cancellation or termination of Your Codelearn Account for any reason.

Codelearn is owned and operated by FPT Software Co.LTD. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of Codelearn provided by FPT Software (“Materials”) are protected by Viet Nam copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any third party content or Content uploaded by You, all Materials are the copyrighted property of FPT Software or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to FPT Software or its affiliates and/or third party licensors. Except as expressly authorized by FPT Software, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Codelearn may include links to third party web sites or services (“Linked Sites”) solely as a convenience. We do not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, We make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at Your own risk.

You agree to indemnify and hold FPT Software Co.LTD, its affiliated companies, suppliers, partners, officers, contractors and employees harmless from any claim or demand made by any third party due to or arising out of Your actions in using Codelearn, a claim that You, or any third party using Your Credentials, infringed any intellectual property or other right of any person or organization using Codelearn or the violation of these Terms by You or any third party using Your Credentials. FPT Software reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This indemnity shall not apply if a third party uses Your Credentials due to an act or omission of FPT Software.

1. These Terms will remain in full force and effect while You use Codelearn. Those terms that can continue to operate after You stop using Codelearn (including without limitation Your Content license to Us and the general terms in this Section), will survive after You stop using Codelearn.

2. You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of Codelearn or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

3. You agree that We may provide You with notices, including those regarding changes to these Terms, via notification through Codelearn's notification functionality.

4. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

5. You may not assign Your Codelearn Account or any rights and licenses granted hereunder and such any assignment by You will be null and void.

6. All sections of these Terms that by their respective nature should survive the cancellation or termination of these Terms shall survive the termination or cancellation of these Terms. You agree that breach of these provisions will cause irreparable harm and that accordingly We may seek injunctive relief in addition to any other legal remedies under these Terms at law or equity.

7. You agree that except as otherwise expressly provided for in these Terms, there shall be no third party beneficiaries to the Terms.