Before we send you off we just need you to log in, double-check your email address, and do a little something for our lawyers.
Last Updated: July 12, 2012
We (C42 Engineering India Private Limited, hereafter "C42") own and operate RubyMonk, ClojureMonk, MathMonk, JavaMonk, JsMonk, CMonk, PythonMonk, PhpMonk, CssMonk, HtmlMonk, RailsMonk, HaskellMonk, ScalaMonk, and EveryMonk. These services, found at rubymonk.com, clojuremonk.com, mathmonk.com, javamonk.com, jsmonk.com, cmonk.com, pythonmonk.com, phpmonk.com, cssmonk.com, htmlmonk.com, railsmonk.com, haskellmonk.com, scalamonk.com, and everymonk.com, respectively, are hereby collectively referred to as the "Website". "Content" is hereby defined as any data which exists on the Website as created by C42 or submitted by users of the Website. Content includes, without limitation, text, code snippets, virtual books, videos, audio clips, posts and comments, information, scripts, graphics, software, and interactive data provided through the Website. The following Terms of Service is a legal contract between you, an individual subscriber, customer, member, or user (“You”), and C42 regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
These terms and conditions govern all use of the Website and all Content. The website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures published by C42.
C42 reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, C42 will make reasonable effort to provide notice to you of such amended Terms, such as by way of email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes or (ii) thirty days after C42 makes a reasonable attempt to provide you such notice.
The Website is not available to (A) any Users previously suspended or removed from the Website by C42 OR (B) any persons under the age of 13 whose registration has not been approved by a legal parent or guardian. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent that You have not been previously suspended or removed from the Website by C42 and that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Website.
The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). C42 does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
C42 will collect non-personally-identifying information such as browser (User Agent), referring website, statistics surrounding attempts to solve problems and exercises posted, and the date/time of page loads on the website. Our reason for collecting such information is to better understand the usage of the Website. C42 may release this non-personally-identifying information in aggregate. For example, We may release reports on problem-solving attempts
C42 collects personally-identifying information for visitors who log in using an Authentication Service. This information is collected solely for the purpose of permitting identified usage of the website. For example, we may communicate with specific users when they require support. C42 must also track personally-identifying information to accurately present paid content to users who have paid for a subscription. C42 does not and will not disclose any personally-identifying information to third parties.
If you have registered a user on the Website and provided an email address, C42 may occasionally send you email regarding Website news or changes to these Terms. These emails will be kept to a minimum. We don't like spam, either.
C42 discloses potentially personally-identifying and personally-identifying information only to its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on C42’s behalf or to provide services available on the Website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Website, you consent to the transfer of such information to them. C42 will not rent or sell potentially personally-identifying or personally-identifying information to anyone.
C42 may now or in the future permit the posting by You and other users of notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Postings”) and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, C42 does not guarantee any confidentiality with respect to any submissions.
By submitting or distributing User Postings through the Website, You hereby grant to C42 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, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize C42 to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by C42 and these Terms; (2) your User Postings do 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 Postings do not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. C42 reserves all rights and remedies against any User who violates these Terms of Service.
You acknowledge and agree that although C42 may provide certain features intended to allow you to restrict some User Postings you create from others, C42 does not guarantee that such User Postings will never be accessible by others. In the event of unauthorized access, C42 will use reasonable efforts to notify you. C42 HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER POSTINGS.
You understand that when using the Website You will be exposed to User Postings from a variety of sources, and that C42 is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against C42 with respect thereto. C42 does not endorse any User Postings or any opinion, recommendation or advice expressed therein, and C42 expressly disclaims any and all liability in connection with User Postings. If notified by a User or a content owner of a User Posting that allegedly does not conform to the Terms, C42 may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. For clarity, C42 does not permit copyright infringing activities on the Website.
C42 may now or in the future permit Users to create educational content ("Books") on the website. The creation and modification of Books is not and will not be governed by the "User Communication" section of this Agreement.
C42 may now, or in the future, charge fees for access to and use of the Website, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Website.
C42 will charge the Fee, if any, and other additional fees or donations you authorize, 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 C42, or any other company that acts as a billing agent for C42, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such Fees are paid in full. You agree to provide C42 updated information regarding your credit card and PayPal account upon C42’s request, and any time the information earlier provided is no longer valid. If payment is not received by C42 from your credit card issuer or PayPal, you agree to pay all amounts due upon demand by C42.
If C42 permits You to use a credit card to activate pay for any Fees related to the Website, You will be asked to provide C42 with a credit card number from a card issuer that we accept. C42 may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. 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.
C42 may at any time, upon notice required by applicable law, change the price of the Website or any features thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. All Fees relating to the Website, including any Fees charged for access to the Website, are final and nonrefundable.
The Website is owned and operated by C42. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by C42 (the “Materials”) are protected by India copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Website are the property of C42 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to C42 or its affiliates and/or third-party licensors. Except as expressly authorized by C42, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. C42 reserves all rights to the Materials not expressly granted in the Terms.
You agree that C42, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with C42 or your use of the Website and remove and discard all or any part of your account, User profile, and any User Postings, at any time. C42 may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that C42 will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies C42 may have at law or in equity. As discussed herein, C42 does not permit copyright infringing activities on the Website, and will terminate access to the Website, and remove all User Postings or other content submitted, by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of C42 in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
You agree to indemnify, defend, and hold harmless C42, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“C42 Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You. C42 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify C42, and You agree to cooperate with C42’s defense of these claims. C42 will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, C42, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. No advice or information, whether oral or written, obtained by You from C42 or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that the term C42 includes C42’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
“As is” and “As available” and “With All Faults”. You expressly agree that use of the Website is at your sole risk. The Website and any data, information, third-party software, user postings, reference sites, services, or applications made available in conjunction with or through the website are provided on an “AS IS,” “AS AVAILABLE” and “WITH ALL FAULTS” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
C42, its suppliers, licensors, affiliates, and partners do not warrant that the data, user postings, functions, or any other information offered on or through the Website or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
C42, , its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the Website or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the website (including rss feeds) or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL C42 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH C42, EVEN IF C42 OR A C42 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, C42’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL C42’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN C42 AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT C42 HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND C42, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND C42. C42 WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.