To ensure the smooth operation of CodeProject and to ensure that your rights and the rights of CodeProject are protected, we have created a series of legal agreements including these Terms of Service (the “TOS”).
The content on this Site is provided by CodeProject and its licensors and content providers. The "Site" refers collectively to http://www.codeproject.com and all other Web properties owned or operated by CodeProject now and in the future (or anything that replaces, supplements, or supersedes the Site as the website of CodeProject).
TERMS OF SERVICE: The basic agreement is the TOS which you are now reading. The TOS set out the legal terms by which CodeProject makes its web site and services available. When you visit the Site or use any CodeProject service (defined below) you agree to comply with the TOS, as revies and updated.
FOR CONTRIBUTORS OF CODE: There is an additional agreement that you need to agree to if you contribute code ("Code"). The Contributors Agreement gives CodeProject permission to edit and post your Code, gives CodeProject some basic assurances about your Code, and allows you to protect your intellectual property by specifying what license arrangements you want to make with end users who would like to use the Code you have submitted. When you contribute code, you are asked to select your preferred End User License Agreement (EULA) from a menu we provide, or to insert your own EULA. This EULA is an agreement directly between you and the end user.
FOR CONTRIBUTORS OF DOCUMENTS (EG. ARTICLES): If you contribute documents or articles in any form or media ("Documents"), you give us the necessary rights to edit and post and maintain your Document (and the edited version), and to prevent unauthorized uses by end users of Documents that we edit. End users are given rights to read your Document, but no rights to republish or otherwise distribute your Document. CodeProject will retain your copyright notices, and can publish your name and site ID with your posting. If we edit your Document, we will own the edited version, and you will own your original version. We cannot publish our edited version other than on the Site, without your consent. If you desire end users to be able to contact you, you should advise CodeProject so your contact information can be published. If your Document has been previously published, that publisher may have rights, and if so, you must obtain all required consents before posting the Document on CodeProject. If your Document contains images, audio, or video, we require that you have obtained consents from all persons depicted, seen, or heard, the owners of any places depicted, and any other rights holders.
FOR USERS OF DOCUMENTS: We require that you respect our Contributors. In general, all rights, except the right to read/view/listen to posted Documents for your personal non-commercial use are reserved to the Contributors, or to us.
FOR USERS OF CODE: You are advised that Code is posted to CodeProject subject to the TOS, and that if you download Code from CodeProject for use in your own applications, you will also have to agree to abide by the terms of an End User License Agreement (EULA) specified by the Contributor of that Code. CodeProject is not a party to that EULA. Not all Contributors make their intellectual property available on the same license terms. For ease of use of our Site, we have provided several templates of EULA's that we prefer Contributors select from, but, Contributors are free to state their own terms of a EULA in their submission to us. Please ensure that you have carefully read the specific EULA agreement that applies to the code you wish to use.
PROJECTS: CodeProject also allows you to create and view projects installed inside proprietary CodeProject applications such as GitMachine™ (git repository) and/or Tasks™ (task management tool) ("Projects"). You can create public Projects that are available for anyone to view, but only invited users can modify and/or administer a public Project. By signing up for a Premium Account and paying a subscription fee, you can also create private workspaces for Projects that are only viewable by members that you have invited. In creating, administering or modifying a public or private Project, you agree to comply with these TOS and any applicable laws, rules or guidelines, including without limitation, having the rights to use any third party content incorporated in a Project and that the Project does not infringe any intellectual property rights or violate any applicable laws.
CODEPROJECT FEATURE CONTENT: We recognize that some Contributors are willing to offer CodeProject a greater bundle of rights to submitted Code or Documents in return for the possibility of greater visibility or exposure.
For those Contributors, CodeProject has developed a "Feature Content" program whereby Contributors may receive greater visibility through greater exploitation of sub-sets of material delivered to targeted users and user groups as compilations or lists. If you consent to such use of your Code or Docuement, it may be added to a compilation or compilations in CodeProject's discretion from time to time and you may receive priority listings of your submissions along with other participants in this project. If you wish to participate in "Feature Content" CodeProject (and such a program is currently available) then you will be prompted to read and agree to a separate agreement and signify your acceptance.
In summary, CodeProject has four agreements that may affect you:
Please review them carefully.
CodeProject provides its Service to you, subject to the following TOS, which may be updated by us from time to time without providing advance notice to you. You can review the most current version of the TOS at any time at: http://www.codeproject.com/info/TermsOfUse.aspx. In addition, when using particular CodeProject services, you may be subject to guidelines, rules or additional terms (which may be posted from time to time) applicable to such services which, unless otherwise stated, incorporate the TOS and are incorporated by reference into the TOS. CodeProject may also offer other services that are governed by different Terms of Service.
What is CodeProject?
Through its network of web properties, CodeProject provides you with the ability to access and submit content to to a variety of resources:
These are collectively referred to as the "Services"). All Services offered by CodeProject, including any updates, enhancements, new features, and/or the addition of any new web properties or services, are subject to the TOS.
Although we may offer certain limited paid services (such as the Premium Account feature for Projects), our Site is a 'free' site for the software development community to share material and experiences. In order to enable CodeProject to host and operate the Site, and keep its use free to you, we need to impose legal terms on you that establish our basic rights and responsibilities between us, and restrict your ability to take actions against us that could increase our costs of operating the site, or impose onerous obligations on us.
We need you to comply with our TOS in order to establish practical and effective rules for the orderly functioning of the Site.
Your use of the Services is subject to your continued compliance with any applicable laws, these TOS and any other agreements, guidelines or rules that CodeProject may post with respect to its Services. We can terminate your access to the Site without warning if you fail to do so.
To protect our Contributors, our general rule is that unless expressly stated otherwise, all rights in any Code or Documents posted on CodeProject are reserved by the Contributor, rights holder and/or CodeProject, and that our Services are solely for your personal and non-commercial use. Except as expressly authorized by CodeProject and/or its Contributors, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sublicense, assign, create derivative works from, transfer, lease, rent or sell any Code or Documents obtained from our Site.
Some of our Services may require you to register with CodeProject. For example, you may not post any Code or Documents or create, modify or administer any Project or view a private Project if you have not registered with us. If all you want to do is read a Document or view a public Project, you do not need to register with us. If you want to obtain Code, there are formalities associated with ensuring you agree to the appropriate EULA. If you do register with us, we require that you keep close control over your CodeProject ID and any passwords, as we state in more detail below.
If you want to use any of our Services that require you to register with CodeProject, you agree to complete our registration process and to provide us with current, complete and accurate personal and demographic information as prompted by the applicable registration form and to promptly update such information as necessary to ensure it is kept complete and accurate. Registration information becomes the non-exclusive property of CodeProject and may be used by CodeProject for market research, marketing, improvements to our Services, and for such purposes as may be set out in our privacy statement.
Upon registering, CodeProject will provide you with a password and a Site ID. You are responsible for maintaining the confidentiality of your password and Site ID. You are responsible for any activities that occur under your password or Site ID. You agree to notify CodeProject immediately of any unauthorized use of your password or Site ID or any other breach of security. You agree to log out of this Site after every session so as to protect your password and Site ID from breaches of security and to enhance the access to CodeProject for those still accessing this Site. CodeProject will not be responsible or liable, directly or indirectly, in any way for any loss or damage that you may incur as a result of or in connection with someone else using your password or Site ID, either with or without your knowledge. However, you could be held liable for losses incurred by CodeProject or another party due to someone else using your Site ID or password if you have been negligent or have willfully aided, abetted, assisted, or acquiesced in that misuse. You may not use anyone else's password or Site ID at any time, without the permission of the bona fide holder.
CodeProject uses credit card numbers submitted to us for payment purposes only, and not for marketing purposes. Your credit card information may be saved for future purchases, as long as you log in. We utilize industry standard secure encryption technology to reasonably assure the privacy and security of the credit card numbers of anyone who places online orders with us.
You must be 13 years or older to use the Site or any Service and must be 18 years or older to register with CodeProject.
In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor. You acknowledge and understand that some Site areas may contain material that is inappropriate for minors.
Basic Licensing provisions
We remind you that use of any Code, including any software incorporated in the Code, is subject to the applicable EULA. Not all Codeis governed by the same EULA, please review the applicable EULA before using any software downloaded. Any use of Code in contravention of these TOS or the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
CODEPROJECT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE PERFORMANCE, ACCURACY OR OUTCOME THAT DERIVES FROM THE USE OF ANY CODE THAT MAY BE POSTED ON THE SITE, OR DAMAGE, DISRUPTION OR HARM CAUSED TO ANY COMPUTER OR COMPUTER SYSTEM CAUSED BY ANY CODE THAT MAY BE POSTED ON THE SITE.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING CODE MADE AVAILABLE TO YOU. ALL RIGHTS NOT EXPRESSLY GRANTED, ARE RESERVED.
RESTRICTED RIGHTS LEGEND. Any Code or software of CodeProject which is contributed to the Site and which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is CodeProject, 503-250 Ferrand Drive Toronto Ontario, M3C 3G8 Canada
Your rights to use Documents
CodeProject and its Contributors grant limited permission to use Documents. All rights not expressly granted, are reserved. The following are conditions apply to the use of Documents:
Permission to use Code or Documents does not include rights to copy or use the design or layout of the Site. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by CodeProject.
Be respectful of each other, and please recognize that we are not responsible for the acts of the community
All Code, Documents and Projects are the sole responsibility of the Contributors providing or posting such material . We do not guarantee a person's identity. Do not assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Content may include material that some persons will find offensive, indecent or objectionable. Always use caution when giving out any personally identifiable information in using any Services.
Nothing submitted to CodeProject or Posted on the Site shall be deemed to be confidential. Do not reveal any personal information, including but not limited to health, financial and personally identifiable information, if you do not wish this information to be published. You must not reveal the personal information of third parties without their express written consent.
CodeProject does not control or endorse the content, messages or information found in any Services, and is not and cannot be responsible for content, messages or information, or the accuracy, integrity, or quality thereof. CodeProject will not be responsible for any reliance or decisions made based on such content, messages or information. Site managers, administrators and hosts may not be authorized spokespersons of CodeProject, and their views do not necessarily reflect those of CodeProject.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You agree to use the Services only to post, send and receive messages and material that are appropriate and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:
To enable CodeProject to act without repercussion to protect against people we believe are abusing or violating the TOS or the spirit of CodeProject or the Site, CodeProject reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.
a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms and conditions, any specific requirements, procedures, policies or regulations of CodeProject, or any other agreement between you and CodeProject. You may not use the Services in any manner that could damage, disable, overburden, or impair any server of CodeProject's site, or the network(s) connected to server running CodeProject, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any server of CodeProject or to any of the Services, through hacking, password mining or any other means. You may not access CodeProject after your account or access has been terminated by CodeProject. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
CodeProject has no obligation to monitor its Services. or to review or moderate any messages, comments or material submitted or posted to the Site ("Comments"). However, CodeProject reserves the right and sole discretion to review, delete or modify Comments, to publish, remove or block access to any Comments that is available through CodeProject, for any reason whatsoever, at any time and from time to time.
In addition to the foregoing restrictions on the use of the Services, those reading and posting Comments on any Site agree that any Comments posted on the Site are provided solely by the posting individual, and CodeProject is in no way responsible for the content of any Comments or for the use or non-use of Comments by any reader.
CodeProject reserves the right (but is not obligated) to do any or all of the following:
CodeProject reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public and to maintain the integrity of the CodeProject community.
Contributors acknowledge that they may receive positive or negative Comments on the submitted material, and that there is a chance those Comments may harm the Contributor's professional reputation and that such Comments may not be removed by CodeProject if CodeProject determines in its sole discretion that they do not constitute a violation of the TOS.
These provisions allow us to keep our costs down and still allow relatively free and open disclosure from our contributors
DISCLAIMER: CODEPROJECT AND/OR ITS RESPECTIVE SUPPLIERS AND CONTRIBUTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY CODE, DOCUMENT, PROJECT OR SERVICE ON THE SITE. ALL CODE, DOCUMENTS, PROJECTS AND SERVICES ARE PROVIDED "AS IS", AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. CODEPROJECT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY ALL WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, CODEPROJECT DISCLAIMS ANY WARRANTY THAT YOUR USE OF ANY CODE, DOCUMENT, PROJECT OR SERVICE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT SUCH USE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS-FREE OR SECURE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL CODEPROJECT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOVER UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE, NON-USE OR PERFORMANCE OF ANY CODE, DOCUMENT, PROJECT, MATERIAL OR SERVICE.
INDEMNIFICATION: You shall defend, indemnify and hold harmless CodeProject, its affiliates, subsidiaries, directors, officers, employees, contractors, agents, and assigns from and against any claims, damages, liabilities, actins, judgments, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or in connection with (i) your use, misuse, reliance upon, or inability to use any Code, Document, Project, Comment or Service; (ii) CodeProject's, use, misuse, or non-use of any Code, Document, Project or Comment that you have submitted; (iii) any bugs, viruses or other malicious code, errors in, interruption, suspension, or termination of any Services caused by any Code, Document, Project or Comment that you have submitted; and (iv) your breach of this Agreement and/or any other applicable rule, guideline or term governing your use of the Site or Services.
If you have signed up for a Service that requires payment (a “Pay Service”), such as the Premium Account for creating private projects, you have the option of paying by credit card or through PayPal on a monthly basis as long as your subscription to the Pay Service remains active. CodeProject reserves the right to modify the pricing for any Pay Service without providing advance notice to you or requiring your consent. You may terminate your subscription to a Pay Service by providing written notice to CodeProject thirty (30) days in advance of termination. Any fees paid for Pay Services are non-refundable and there are no refunds or credits for partial months of service. All fees are exclusive of taxes, levies or duties imposed. Additional terms and conditions governing the payment of fees for any Pay Service shall be provided in the invoice provided by CodeProject to you when you subscribe for the Pay Service.
In the event that any action or other proceeding is sought to be brought against CodeProject for any purpose, you agree, notwithstanding any legislative Statute of Limitations to the contrary, that such proceeding must be brought within one year of the action or event giving rise to the cause of action, or such proceedings shall be forever barred as against CodeProject and any persons who in law or at equity could claim contribution or indemnity against CodeProject.
If another site causes you damages, look to that other site for relief
We will disclose what the law says we are required to disclose. Nothing more.
CodeProject reserves the right at all times to disclose any information as CodeProject deems necessary to satisfy any applicable law, regulation, legal process, court order or governmental request.
Infringement claims procedures
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of CodeProject not to permit materials known by CodeProject to be infringing to remain on the Site. You should notify CodeProject promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to the Site, infringe a third party copyright. Upon CodeProject receiving a proper notice of claimed infringement under the Digital Millennium Copyright Act and applicable laws of other jurisdictions (collectively the "DMCA"), CodeProject will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA with respect to the rights of the notifying party and the alleged infringer who provided the content at issue.
Please contact the CodeProject representative listed at the bottom of this section for copyright infringement notices only. If you have a question about your account on CodeProject, a general question, or any other Customer Service inquiry, please send us an email, or call us at +1 416-849-8900 x 100, Monday through Friday from 9 AM to 6 PM, Eastern Time.
To provide notice of claimed copyright infringement only:
503-250 Ferrand Drive
Toronto Ontario, M3C 3G8 Canada
Attn: DMCA Notification
CodeProject, its successors and assigns, shall have the unrestricted right to assign or transfer this Agreement, all other agreements between the parties, and all CodeProject's benefits in their absolute discretion and from time to time You may not assign this Agreement or any rights or obligation hereunder without prior written consent from CodeProject.
This Agreement and all other agreements between the parties, their interpretation and enforcement are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of law provisions therein. You agree that any dispute or claim arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the provincial and federal courts located in Toronto, Ontario, Canada to the exclusion of the courts in any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and applicable local laws incorporating or embodying its terms or intent does not apply to this Agreement or any other agreements between the parties.
You and CodeProject are independent contractors. Nothing in this Agreement or any schedules or documents incorporated by reference herein or into which this Agreement is incorporated by reference into, create a partnership, joint venture, agency, or employment relationship between you and CodeProject or give you any rights or authority to bind CodeProject to any contractual or other obligations.
CodeProject does not accept or consider unsolicited ideas, including new ideas and suggestions as to improvements to the Site, marketing, advertising, promotions, new product and service offerings, product and service names and marks ("Submissions"). Please do not send any original creative artwork, samples, demos, or other works for any such purposes. We wish to avoid confusion or misunderstanding or dispute when CodeProject's products, services or strategies might seem similar to Submissions. Consequently, we advise you that any Submission made to CodeProject will not be treated as proprietary information of you, and will be received by CodeProject without any obligations of confidence whatsoever. You grant CodeProject, its affiliated companies and necessary sub-licensees permission to use and a grant of a worldwide, irrevocable, fully assignable and transferable right and license in perpetuity at no cost to use and apply your Submission for any purpose(s) CodeProject considers fit in its sole discretion. CodeProject is under no obligation to use your Submission or pay you anything for your Submission. You confirm that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit, or for CodeProject to use your Submission.
If you identify problems with the usability, operability, or interoperability of CodeProject or any Services, you may deliver or suggest amendments or "bug fixes" for CodeProject's consideration. CodeProject shall have the absolute right to incorporate all such amendments or "bug fixes" accepted by CodeProject into products and Services provided by CodeProject for all purposes, without any payment or other compensation to you. All right, title and interest to any submitted amendments or "bug fixes", whether accepted or not, shall transfer to CodeProject at no cost for CodeProject to use in perpetuity without any restrictions.
If you wish to present a business proposition between yourself and CodeProject on a confidential basis, you should first enter into negotiations with CodeProject to sign a non-disclosure agreement, and only after such non-disclosure agreement is signed will any disclosure be deemed confidential, and only to the extent and for the purposes contained in that agreement.
If any provision of the TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TOS, which shall remain in full force and effect. The failure of CodeProject to enforce any part of the TOS shall not constitute a waiver of its right to later enforce that part or any part of this Agreement. In the event that the TOS is translated into other languages and there is a discrepancy between any two language versions, the English version shall control to the extent that such discrepancy is the result of an error in translation. The headings used in the TOS are for convenience only and are not to be considered in construing or interpreting this Agreement. Your obligations to CodeProject contained in the TOS and in all applicable agreements between yourself and CodeProject shall survive termination.
Copyright © CodeProject, 1999-2014 , 503-250 Ferrand Drive Toronto Ontario, M3C 3G8 Canada.
Any rights not expressly granted herein are reserved. Specific material may also be copyright of the respective authors/owners.
CodeProject™ CodeProject™ CodeProject.com™ GitMachine™ and Task™ are trademarks or service marks of CodeProject. All other trademarks published on the Site are trademarks of the respective owners.
By using any of the material on CodeProject, or accessing the Site, you acknowledge and understand that you have read and agreed to these Terms of Service, which will be strictly enforced.