Terms of Use
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.
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.
- 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.
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.
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
Limits on Liability[edit]
To the extent permitted by law, Coder Merlin™ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to Coder Merlin™ products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Coder Merlin™ products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
