OK, there's a whole wad of legal jargon that follows below. We paid a lawyer to write it up for us. (Sigh) Lawyers are better at writing bad code than programmers are! Sheesh! So here's what it says:
- You can use our site, but you can't make copies of anything on our site, including -- well -- anything on our site. Remember, I have a phaser. So no copying. Kapish?
- Ya gotta register with the site. And you can't hand your username and password to someone else to use. Like, you can't post your username and password on twitter. You can't hand it to everyone in the office. You get the picture?
- Don't lie on your registration. <slaps forehead> <eyes roll>
- You have to be old enough, and competent enough to make these agreements. (Just think of the logical inconsistency of putting this in a contract!)
- We aren't responsible for your lies.
- You can only use the site for lawful purposes.
- You aren't allowed to hack into the site.
- We won't refund any of your money if you break any of these rules. Not that we'd be interested in refunding your money in any case.
- If you watch our shows on your cell phone, you have to pay the connection and data fees. <eyes roll> Oh, and we just might learn something about you, like your GPS location or something. (Nah, we don't do that. Why would we care?)
- Use this site at your own risk. (Wise!) We could have viruses. We could have trojan horses. We could have toe-jam football and Whoras Gumbold! We're not responsible for any bad thing that happens to you while you are watching our shows. Like if you lose your job for watching vids at work; you can't sue us for loss of income. Life sucks. But there is it.
- We can change things on the site anytime we want, and there ain't nuttin' you can do about it.
- We aren't responsible for what might happen to you if you click a link that happens to be somewhere on our site.
OK, that's pretty much it. You can read that Lawyer's code if you like now.
This User Agreement was last updated on February 17, 2011.
This User Agreement ("Agreement") sets forth the standards of use of and access to the website operated by The Clean Coders, LLC ("The Clean Coders," "us" or "we") and the webcasts and other services provided by The Clean Coders (collectively, the "Service") at http://www.cleancoders.com and its related subdomains (collectively, the "Site"). By accessing and using the Site you agree to the terms of this Agreement. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, revise, or update this Agreement without prior notice. All revisions and modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site and/or the Service after any such revisions or modifications are made constitutes your acknowledgement and acceptance of this Agreement and any revisions or modifications made hereto.
Overview of the Service
As part of the Service we may from time to time offer users the ability to view, whether for free or for a fee, tutorial webcasts and other similar materials in downloadable or streaming formats. You may use these materials and all other information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. The Clean Coders reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by this Agreement. You are responsible for providing (i) all equipment necessary for your own internet connection, including computer and modem and (ii) provide for your access to the Internet, and (iii) pay any fees related to such connection.
The Clean Coders grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use and access the Site and use the Service, provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or any Content, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement. Violation of any of the foregoing conditions shall be adequate grounds for The Clean Coders to suspend your usage of the Service in its sole discretion.
Registration, Accounts and Password
In order to use some or all of the aspects of the Service, you must register with The Clean Coders. You agree to be the sole user of your account, and you are responsible for maintaining the confidentiality of any password and account number provided by to you for accessing the Service, and for all activities that occur under your password or account. You agree to immediately notify The Clean Coders of any unauthorized use of your password or account or any other breach of security. The Clean Coders has no control over the use of your account and expressly disclaims any liability related thereto.
You are responsible for providing accurate, timely and complete information to The Clean Coders in connection with their registration for and use of the Site. The Clean Coders is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us. You represent and warrant that such information is not false, inaccurate, misleading or fraudulent.
The Service is available only to individuals who may enter into legally binding contracts under applicable law, are over the age of eighteen (18), and may legally work in the United States.
Any misstatements and/or misrepresentations by a User regarding these eligibility criteria are not the responsibility of The Clean Coders, and The Clean Coders does hereby disclaim any liability whatsoever for any such misstatements and/or misrepresentations. Any such misstatements and/or misrepresentations are grounds for immediate termination from the Site and The Clean Coders reserves the right to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. You do hereby understand and agree to hold The Clean Coders harmless for any misstatements and/or misrepresentations made by you on this Site. We reserve our right to terminate your account without notice if we believe that you have provided any false information to us when registering for or using this Site.
User Conduct and Prohibited Use
You agree to use the Service only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, the Service or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Payment and Cancellation
You will be required to pay for access to some or all of the Content available on the Service. Pricing payment will be as noted upon the purchase of access to any Content. If The Clean Coders terminates your ability to access the Content or the Service because you have breached the terms of this Agreement, you will not be entitled to any refund of any fees. All decisions regarding the termination of any account shall be made in the sole discretion of The Clean Coders. The Clean Coders is not required to provide you with notice prior to terminating your account and/or ability to access the Content or the Service. The Clean Coders is not required to disclose, and may be prohibited from disclosing, a reason for such termination. Even after your account terminated, this Agreement will remain enforceable.
The Clean Coders may offer the Service through mobile applications created by it or third party developers. If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier may be communicated to The Clean Coders, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. You acknowledge you are responsible for all charges and necessary permissions related to accessing The Clean Coders through your mobile access provider. Therefore, you should check with your provider to find out if the Service is available and the terms for these services for your specific mobile device.
Disclaimer of Warranties.
THE CONTENT, THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THE USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLEAN CODERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OF THE SITE OR THE SERVICE OR ANY INFORMATION OR CONTENT APPEARING THEREIN IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, WHETHER PROVIDED BY THE CLEAN CODERS OR A THIRD PARTY. THE CLEAN CODERS SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. THE CLEAN CODERS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, IN SUCH JURISDICTIONS THE ABOVE-REFERENCED EXCLUSION MAY BE INAPPLICABLE.
THE CLEAN CODERS DOES NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE CLEAN CODERS AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT ANY INFORMATION PROVIDED BY YOU TO THE SITE IS DISCLOSED ONLY AS SPECIFIED BY YOU. THE CLEAN CODERS CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD THE CLEAN CODERS OR ANY OF ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY YOU THROUGH THE SITE. THE CLEAN CODERS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Limitation of Liability
THE CLEAN CODERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE CLEAN CODERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICE OR THE CONTENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE CLEAN CODERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE TO YOU. IN SUCH JURISDICTIONS, THE CLEAN CODERS' LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.
You agree to indemnify defend, and hold harmless The Clean Coders, its parents, subsidiaries, affiliates and their respective directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "The Clean Coders Parties"), from any claim loss, expense, demand or liability (including an including reasonable attorneys' fees and costs, made by any third party due to, in connection with or arising out of (i) your use of the Site or the Service, (ii) any violation by of this Agreement, (ii) any infringement by you or any other user of the Site or the Service using your computer, of any intellectual property or any other right of any person or entity. You further agree that you will cooperate as reasonably required in the defense of such claims. The Clean Coders Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of The Clean Coders.
Modifications and Interruption to Service
THE CLEAN CODERS RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SITE AND/OR SERVICE WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE AN AGREE THAT THE CLEAN CODERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD THE CLEAN CODERS EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SITE OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT (I) THE CLEAN CODERS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICE OR THAT THE SITE WILL BE ERROR-FREE AND (II) OPERATION OF THE SITE OR THE SERVICE MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF OUR CONTROL.
Third-Party Sites; Downloading
The Clean Coders cannot and does not guarantee or warrant that any files that may be available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Any software available for download via the Site is the copyrighted work of The Clean Coders or its partners, affiliates, contributors or third parties. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with such software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
Arbitration; Governing Law
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or The Clean Coders may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Chicago, Illinois, necessary to protect the rights of property for you or The Clean Coders pending the completion of arbitration, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. This Agreement will be governed and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of law rules. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site or the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All Content included or available on the Service and the Site, including site design, text, graphics, interfaces, editorial content, data, formatting, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content and the selection and arrangements thereof on the Site (collectively "Proprietary Material") is owned by The Clean Coders or its partners, affiliates, contributors or third parties. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Clean Coders is strictly prohibited. You agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Clean Coders.
All other trademarks displayed on the Site are the property of The Clean Coders or of their respective owners. You may not copy or otherwise use any of these marks, logos or trade names without the prior written permission of the owner. In addition, any use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with The Clean Coders.
Notification of Claimed Copyright Infringement
Pursuant to Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. The Clean Coders designates the following individual as its Designated Agent for receipt of notifications of claimed copyright infringement:
The Clean Coders, LLC.
1232 American Way
Libertyville, IL 60048
By e-mail: firstname.lastname@example.org