Terms of Service

Last Revised: September 23, 2014

Code.org is a 501(c)(3) non-profit organization (“Code.org”). Our mission is to give every student the opportunity to learn computer science. As a part of that mission, Code.org operates the web sites located at http://code.org, http://csedweek.org, http://computinginthecore.org, http://hourofcode.com, other websites, information, text, curricula, videos, graphics, photos, APIs, email notifications and other materials and related products and services (the “Services”), including the tutorial platform at http://studio.code.org (“Code Studio”).

Please read these Terms of Service (“Terms”) carefully before accessing or using the Services. Accessing or using any part of the Services or clicking on an “I Agree” or “Sign Up” button that may be made available to you means that you agree to be bound by these Terms without modification.

These Terms are a legal contract between you and Code.org regarding your use of the Services. You may use the Services only if you can form a binding contract with Code.org and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

These Terms are subject to change. You are agreeing to be bound by such changes if you continue to use to the Services after these Terms change, so please check these Terms for changes periodically.

Additional Terms

Some Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms will control.

Children Under Age 13

We take steps to minimize the collection of personal data from Users under the age of 13 as explained in the Code.org privacy policy. If you are under the age of 13, we encourage you to get the approval of a parent or legal guardian before creating an account on Code.org. Code.org allows certain representatives of school districts and schools, such as teachers, administrators, counselors, and other educators (a “Educator”) to connect with students through the Services in order to provide tutorial, educational and similar services. If you are an Educator, you may register accounts on the Services for one or more of your students.

If you are a Educator and you register an account for a student who is under the age of 13 (a “Child”), you represent and warrant that you or the educational organization you work for has received express consent from such Child’s parent or guardian (“Parent”) for you to register the Child for the Services and for you to disclose certain of the Child’s personal information to Code.org in connection with the registration. In addition, you agree to be bound by these Terms on behalf of such Child, including being liable for the Child’s use of the Services when the liability for such use is not otherwise assumed by a Parent.

Your Account

If you create an account for Services, you are responsible for the security of your account and for keeping your own password safe. If you are using an account assigned to you by an Educator, your Educator may be able to access and disable your account.

Code.org may permit you to register an account for the Services through certain third party social networking services, such as Facebook Connect and Google (“Authentication Service”). By registering for the Services using an Authentication Service, you agree that Code.org may access your account information from the Authentication Service and you agree to any and all terms of use of the Authentication Service regarding your use of the Services via the Authentication Service. You are solely responsible for your interactions with the Authentication Service.

Privacy

Your privacy is important to us. Code.org’s Privacy Policy explains how we treat your personal data and is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Code.org’s collection, use, and disclosure of your personal information.

If you are a student that uses an account registered for you by a Educator or otherwise connected to an Educator, you agree that Code.org may disclose your information to the Educators associated with your account. If you are a Educator, you agree not to share student information you receive from Code.org with anybody other than authorized agents of the classroom, school district, or other educational establishment you represent.

User Generated Content - Management; License Grant; Representations and Warranties

Code.org may now or in the future permit you and other users to post computer code (including both source and object code), information, text, graphics, notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Content”) to the Services. You understand that whether or not such User Content is published, Code.org does not guarantee any confidentiality with respect to any submissions.

Code.org has no obligation to monitor User Content or other materials. You are responsible for evaluating all User Content including for accuracy, completeness and reliability, and you bear all risk of using such User Content. Code.org will not be responsible for any damages that you may incur as a result of the submission or use of any User Content.

Code.org may, but is not obligated to, monitor or review any Services where users communicate solely with each other, including but not limited to chat rooms, live chats, bulletin boards or other user forums, and the content of any such communications. You assume the risk of such communications, and Code.org has no liability related to the content or use of any such communications.

Users may include links to third party websites in User Content as long as the content of such websites does not violate these Terms. Clicking on such links is at your sole risk. Code.org is not responsible for the availability or the content of linked websites, including the advertising, products or other materials thereon.

By submitting or distributing User Content through the Services or directly to Code.org staff, you hereby grant to Code.org a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

In addition, by submitting or distributing User Content through the Services, you hereby grant to each user of the Services a non-exclusive license to access and use your User Content.

User Content Representations and Warranties

You are solely responsible for User Content you post to the Services and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that: (1) you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; (2) your User Content does not and will not: (a) 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 or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Website and to suspend or terminate users, without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Code.org, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Code.org’s computer systems, or the technical delivery systems of Code.org’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by Code.org (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Code.org (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Code.org is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, bullying or harassing, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Your License to Use Code.org Videos, Tutorials, Data, and APIs

Code.org’s library of videos may be redistributed freely on the express conditions that (1) the videos are redistributed AS-IS, (using the embedded video player provided, or download link IF provided) with attribution to Code.org (2) the videos are not incorporated into any mash-ups, (3) the videos are used for computer science education purposes, and (4) the use of the video does not constitute an endorsement of a 3rd party brand, service or product and (5) if access to such redistributed Content or Services is provided free of charge.

The celebrities and video “cast“ members appearing in Code.org tutorial videos reserve all rights to their likeness and name. By allowing you to redistribute these videos or tutorials AS-IS, Code.org does not grant any additional rights to use of the likeness or name of these individuals.

The artwork used in our tutorials is copyrighted and use of these tutorials does not grant you any rights to use the artwork in any other manner. Plants vs. Zombies are (c) 2012 Electronic Arts Inc. Plants vs. Zombies and PopCap are trademarks of Electronic Arts Inc. Angry Birds are (c) 2013 Rovio Entertainment Ltd. Angry Birds is a trademark of Rovio Entertainment Ltd. Scrat and Ice Age are trademarks and © Twentieth Century Fox Licensing and Merchandising.

The software powering Code.org tutorials is governed by an open source license which is posted as part of the source code repository.

Other than the proprietary videos and artwork mentioned above, all curriculum and tutorial materials developed by Code.org are licensed to you for use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 Unported License. More information about this license can be found at: http://creativecommons.org/licenses/by-nc-sa/4.0/. Code.org grants you a non-exclusive, transferable, non-sublicensable, limited right and license to access, view, use, and display the Code.org curriculum and tutorial materials. The Code.org curriculum and tutorial materials may only be used for non-commercial, computer science educational purposes.

The Code.org JSON API and database of schools is licensed via the Creative Commons attribution license, which means you are free to use the data to make derivative works, as long as you give Code.org attribution.

Any data provided by The Conference Board is provided “as is” with no warranty whatsoever, and is protected by United States and International Copyright laws. The data displayed are provided for informational purposes only and may only be accessed, reviewed, published, and/or used in accordance with, and the permission of, The Conference Board consistent with the Terms of Use displayed at www.conference-board.org. Such data may not be extracted for use in a database, used to create a derivative work, or otherwise misused by any means without express written permission from The Conference Board, except that you may make limited non-commercial use as consistent with Fair Use under Section 107 of the Copyright Act of 1976. The Conference Board® and The Conference Board Help Wanted OnLine® are registered trademarks of The Conference Board. The Conference Board reserves all rights in and to its trademarks. Further information regarding The Conference Board Help Wanted OnLine® can be found here.

Copyright Policy

Code.org respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Digital Millennium Copyright Act

It is Code.org’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Code.org will also terminate a user’s account if the user is determined to be a repeat infringer. To report a copyright violation, please contact us. Our copyright agent for notice of claims of copyright infringement can be reached by directing an e-mail to the copyright agent at copyright@code.org.

Code.org Intellectual Property Rights, and Your License to Use the Services

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Code.org and its licensors. The Services are protected by copyright, trademark, trade dress, patent and other laws of the United States. The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Nothing in the Terms gives you a right to use the Code.org name or any of the Code.org trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Code.org, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and otherwise you may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission, except with respect to Code.org’s library of videos, curriculum, tutorials, and API as set forth above.

Upon request, we may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify specifically the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. In addition, notwithstanding any of the forgoing, use of Content or Services will NOT be permitted if such use constitutes an endorsement of a 3rd party brand, service or product or if access to such redistributed Content or Services is not provided free of charge.

The CODE® logo design is a registered trademark of Code.org. You may only use the Code.org logo or trademark with the permission of Code.org, and only in reference to Code.org. Mash-ups or combinations of the Code.org logo or name with other logos or names are specifically prohibited.

Code.org does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other materials made available as a part of the Services.

Code.org Store and Support Forums

The Code.org store and Code.org support forums are operated by third parties. Please read the User Agreement and Privacy Policy for these sites separately before purchasing an item from the Code.org store or before posting a question or answer to the support forum. By accessing the Code.org store and support forums, you agree to be bound by the respective user agreement and privacy policy of these third parties.

Volunteer mentors

Code.org encourages software engineers to volunteer as mentors to assist teachers in computer science education. Code.org provides information about these potential volunteers without any warranty, references, or background checks. If you are an Educator who chooses to ask for the assistance of a volunteer sourced via Code.org’s database, it is entirely your responsibility to thoroughly check references or perform the necessary background checks. Code.org provides no warranty or information other than the ability to contact a potential volunteer, and all liability in any use of volunteers rests only with you. Code.org does not guarantee the accuracy or completeness of any information provided by volunteers and we neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than Code.org. Under no circumstances is Code.org responsible for any loss or damage resulting from any person's reliance on information or other content posted on the Service or transmitted by others.

Pledges, Donations and Payments

A. Pledges and Donations. If you make a pledge or donation on this website, You agree to pay all pledges and donations specified.

B. Payment Methods. Code.org will charge the pledge or donation you authorized, if any, to the PayPal account or credit card you designate. You authorize the credit card or PayPal account you designate to pay any amounts described herein and authorize Code.org, or any other company that acts as a billing agent for Code.org, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such pledge or donation are paid in full.

C. Credit Card Authorization. If you use a credit card to pay for any pledge or donation related to the Website, You will be asked to provide Code.org with a credit card number from a card issuer that we accept. Code.org may seek pre-authorization of your credit card account to verify the credit card is valid and/or has the necessary funds or credit available to cover your pledge or donation. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Code.org and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Code.org Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CODE.ORG ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Code.org Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Code.org Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Code.org Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) the protection of the privacy of personal information. Links to such websites or resources do not imply any endorsement by the Code.org Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

You may provide links to the code.org site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright, trademark service mark notices or other notices on the site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CODE.ORG ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CODE.ORG ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CODE.ORG, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CODE.ORG ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

General Terms

A. Waiver and Severability

The failure of Code.org to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in King County, Washington, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For 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 Washington (excluding choice of law).

C. Entire Agreement

These Terms are the entire and exclusive agreement between Code.org and you regarding the Services (excluding any services for which you have a separate agreement with Code.org that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Code.org and you regarding the Services. No other person or company will be third party beneficiaries to the Terms.

D. Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Code.org without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.

E. Indemnification

You agree to indemnify, defend, and hold harmless Code.org, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Code.org Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the website, the Services, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child associated with you if you are a Parent. Code.org reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Code.org, and you agree to cooperate with Code.org’s defense of these claims. Code.org will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

We may revise these Terms from time to time, the most current version will always be at code.org/tos. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us.