Learn2Code o.z. d/b/a GalaxyCodr (“GalaxyCodr,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online platform (the “Platform”), which is made available to you through our website located at http://galaxycodr.com (the “Website”).
1. Description and use of the platform
We provide Teachers and Parents access to the Platform as described below. This Agreement applies to schools, school districts, and related entities and organizations, including but not limited to administrators, teachers, instructors, volenteers and professors who access or use the Services on their behalf (each an “Educational Institution”), as well as all non- Educational Institution visitors, users, and others, including students, their parents and legal guardians, who use the Services (such individuals and Educational Institution, collectively, “you”).
Teachers ("Educational Institution" or "For teachers"). Login is required for all Teachers. Teachers can: (a) create, access, manage, and update their own personal account; (b) create a class and add students to the class; (c) keep track of the students’ progress (track what students are learning, how many lessons they have completed, where they need help); and (d) access and use the curriculum provided by GalaxyCodr, including but not limited to, the basic programming concepts, lesson plans, and vocabulary and learning guides (collectively, “GalaxyCodr Curriculum”) for which they have subscribed.
GalaxyCodr is under no obligation to accept any individual as a Teacher or Parent, and may accept or reject any registration in its sole and complete discretion. In addition, GalaxyCodr may deactivate any account at any time, including, without limitation, if it determines that a Teacher or Parent has violated these Terms of Service.
2. Use of the platform; Restrictions on use
Subject to the terms and conditions of this Agreement, GalaxyCodr hereby grants you a limited, non-exclusive, non-transferable, non sublicensable right to access and use the Platform for the duration of your subscription. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Platform; (ii) modify, adapt, translate, or reproduce the Platform; (iii) resell, distribute, or sublicense the Platform; make the Platform available on a “service bureau” basis, or otherwise authorize any third party to use or access the Platform; (iv) remove or modify any proprietary marking or restrictive legends placed on the Platform; (v) use the Platform, or the Content in violation of any applicable laws or for any purpose not specifically permitted in this Agreement; or (vi) introduce into the Platform any virus, worm, “black door,” Trojan Horse, or similar harmful code. If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the Platform, or any portion of thereof, without notice.
By accessing and/or using the Platform, you agree to comply with the following guidelines (the “Guidelines”):
- The Platform part for "Educational Institutions" is available only for individuals aged 18 years or older. If you are under 18, please do not use the Platform. By access and using the Platform, you represent and warrant that you are at least 18. For the sake of clarity, there is no age restriction regarding the use of GalaxyCodr game.
- You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
- You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Platform without notice, and to remove any content that does not adhere to these Guidelines.
4. Sign-in name; Password
During the registration process "For Teachers", we will ask you to create an account, which includes your name, an email address (“Sign-In Name”), and a password (“Password”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Teacher or Parent. You are solely responsible for the confidentiality and use of your Sign-In Name, and Password, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name. We reserve the right to delete or change your Password, or Sign-In Name at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. GalaxyCodr will not be liable for any loss or damage caused by any unauthorized use of your account.
5. Fees; Payment
Use of the platform is free of charge. If you elect to buy any premium paid prouducts (for example storybooks, etc.), you agree to pay the price made known to you (“Fees”). We may use a third party service provider (“Third Party Service Provider”) to process payment of such Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide to process your payment, and that all information is accurate. We reserve the right to change any of the Fees that we charge, or to institute new or additional Fees, at any time upon notice to you.
6. Student code; Class code
If you are a Teacher, we will create a student profile and generate a student code for each student in your class (a “Student Code”). We will also create a class code for each of your classes (a “Class Code”). You should provide the Student Code and the Class Code only to the students in the respective classes. Students will log-in to the game provided by GalaxyCodr using the applicable Student Code and Class Code. You are solely responsible for the confidentiality and use of your Student Codes and Class Codes, as well as for their use, or misuse. You will promptly inform us of any need to deactivate a Student Code or a Class Code. GalaxyCodr will not be liable for any loss or damage caused by any unauthorized use of your Class Codes and/or Student Codes.
7. Intellectual property
The Platform contains material, such as photographs, videos, software, text, graphics, images, sound recordings, GalaxyCodr Curriculum, and other material provided by or on behalf of GalaxyCodr (collectively referred to as the “Content”). The Content may be owned by us, or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement and the functionality of the Platform. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of GalaxyCodr (“GalaxyCodr Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of GalaxyCodr. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “ThirdParty Trademarks,” and, collectively with GalaxyCodr Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of GalaxyCodr Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
8. Communications with us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
9. No warranties; Limitation of liability
THE PLATFORM, THE WEBSITE, AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT YOU USE THE WEBSITE, THE PLATFORM, AND THE CONTENT AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, INABILITY TO USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF THE PLATFORM, THE WEBSITE, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. External sites
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
11. Representations; Warranties; and indemnification
- If you are a Teacher, you hereby represent, warrant, and covenant that:
- You are authorized by the school in which the student is enrolled or by the parent of the student to add the student to your class;
- You are authorized by the school in which the student is enrolled or by the parent of the student to permit GalaxyCodr to create a student profile on behalf of the student;
- You will not enroll your students using their full names and will use only first names, nicknames, or some other identifiers that do not constitute personal information under the Children’s Online Privacy and Protection Act (“COPPA”); and
- You have the authorization and permission from your school to use the Platform as part of your curriculum, and you represent and warrant that you are accepting this Agreement on behalf of your school.
- You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
- your breach of this Agreement;
- your access to, use or misuse of the Content, or the Platform, and
- your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
12. Compliance with applicable laws
The Website and the Platform are based in the European Union. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the European Union. If you access the Website, the Platform, or the Content from outside of the European Union, you do so at your own risk. Whether inside or outside of the European Union, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.