Terms of Use

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Your Agreement to the Terms[edit]

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.

Human-readable summary of this section: Please read these terms and only use our sites and services if you agree to them.

Changes to the Terms[edit]

From time to time,  Coder Merlin™  may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

Human-readable summary of this section: These terms may change. If you continue to use the sites after the changes are made, you agree to the changes.

General Information Regarding These Terms of Use[edit]

Master terms: Welcome, and thank you for your interest in  Coder Merlin™  (“we,” “our,” or “us”). Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that we operate. The Master Terms also apply to all products, information, and services provided through the Websites (collectively, the “Services”).

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and  Coder Merlin™  in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

Human-readable summary of this section: These terms, together with any special terms for particular websites, create a contract between you and  Coder Merlin™ . The contract governs your use of all websites operated by  Coder Merlin™ , unless a particular website indicates otherwise. These human-readable summaries of each section are not part of the contract, but are intended to help you understand its terms.

Shell Access[edit]

  •  Coder Merlin™  provides services for the benefit of all users. Please don't do anything that will deprive or impair anyone from their studies.
  • By using any of our services, you agree to abide by our rules.
  • Children under the age of 13 are not allowed to create an account or otherwise use our services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use our services.
  • Be respectful and be nice to others.
  • Your username and password is for your use only. You may not share it with anyone else.
  • You may not use any of our services for profit.
  • No inappropriate behavior.
    • Port scanning of any host from our servers is strictly prohibited.
    • Do not execute or store any software used for any form of malicious attack (e.g. software which is used for denial of service, viruses, trojans, etc.)
    • Illegal, inappropriate, or questionable material may not be stored on our servers or transited through our servers.
    • All actions are monitored and recorded.
    • Depending on the nature of a violation, you may be reported to the appropriate authorities.
    • Violations may result in an immediate and permanent ban.

Permissions you grant us[edit]

When you post or upload content you grant  Coder Merlin™  a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

Digital Badge Program[edit]

  • Certification does not ensure that you will qualify for any particular employment
  • Your rights under this agreement are not property rights and, therefore, you cannot transfer them to anyone else or encumber them in any way
  • Violating the terms of the Digital Badge Program may result in the revocation of all digital badges awarded and permanent exclusion from future participation in the program

Community Generated Content[edit]

  •  Coder Merlin™  does not endorse the accuracy or applicability of user generated content in any of our forums
  •  Coder Merlin™  Content may be posted by users in countries different from yours
  •  Coder Merlin™  has the right to reject or remove any content

Provided As-Is[edit]

You acknowledge that  Coder Merlin™  does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is  Coder Merlin™  liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Human-readable summary of this section: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Be sure to independently verify the license terms, attribution, and other copyright information before using it.

Privacy Policy[edit]

 Coder Merlin™  is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

Human-readable summary of this section: Please read our Privacy Policy. It is part of these terms, too.

Copyright Complaints[edit]

 Coder Merlin™  respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content on the Services that violates another person’s proprietary rights.

To report allegedly infringing Content hosted on a website owned or controlled by  Coder Merlin™ , send a Notice of Infringing Materials via a Support Ticket.

Human-readable summary of this section: Please let us know if you find infringing content on our websites.

Trademarks[edit]

 Coder Merlin™ 's name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these Master Terms. Please review the Trademark Policy so you understand how  Coder Merlin™ 's trademarks may be used. Other trademarks used on the site are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners. 

Human-readable summary of this section: If you want to use  Coder Merlin™  trademarks, please read our Trademark Policy. Other trademarks used on this site are not intended to suggest endorsement or affiliation with  Coder Merlin™ . 

Termination[edit]

By  Coder Merlin™ :  Coder Merlin™  may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by  Coder Merlin™  at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services (including use of your  Coder Merlin™  Shell Account) terminates automatically upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive after termination.

Human-readable summary of this section: If you violate these terms, you may no longer use our sites.

DISCLAIMER OF WARRANTIES[edit]

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Coder Merlin™  OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Coder Merlin™  DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY  Coder Merlin™  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  Coder Merlin™  DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

Human-readable summary of this section:  Coder Merlin™  does not make any guarantees about the sites, services, or content available on the sites.

Limits on Liability[edit]

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL  Coder Merlin™  BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF  Coder Merlin™  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  Coder Merlin™  IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES. Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Human-readable summary of this section:  Coder Merlin™  is not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.

Indemnification[edit]

To the extent authorized by law, you agree to indemnify and hold harmless  Coder Merlin™ , its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.

Human-readable summary of this section: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay  Coder Merlin™  for the damage it causes.

Miscellaneous Terms[edit]

Choice of law: The Terms are governed by and construed by the laws of the State of California in the United States, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between  Coder Merlin™  and you concerning these Terms, and/or any of the Services may only brought in a federal or state court of competent jurisdiction sitting in the Northern District of California, and you hereby consent to the personal jurisdiction and venue of such court.

If you are an authorized agent of a government or intergovernmental entity using the Services in your official capacity, including an authorized agent of the federal, state, or local government in the United States, and you are legally restricted from accepting the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For any such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding its choice of law rules).

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and  Coder Merlin™  as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and  Coder Merlin™  relating to this subject matter and supersede any and all prior communications and/or agreements between you and  Coder Merlin™  relating to access and use of the Services.

Human-readable summary of this section: If there is a lawsuit arising from these terms, it should be in California and governed by California law. We are glad you use our sites, but this agreement does not mean we are partners.

Incorporated by Reference[edit]


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