revised 2025 03 05
These terms and conditions (“Service Terms”) are effective immediately and govern your access to and use of the websites and/or mobile applications of Code Truck LLC ("Code Truck") that link to or reference these Service Terms (Code Truck's "Online Apps"). These Service Terms incorporate Code Truck's End User License Agreement ("EULA") and Privacy Policy. By accessing or using Code Truck's Online Apps, you are agree to Code Truck's Service Terms, EULA and Privacy Policy, together referred to as the Agreements, and are concluding a legally binding contract with Code Truck according to the Agreements. DO NOT access or use Code Truck's Online Apps if you are unwilling, unauthorized or unable to be bound by the Agreements.
All definitions in our EULA and Privacy Policy apply to these Service Terms including without limitation: Software App, App, Software Service, Service, Software, Account, Account ID, User Content, Game Content, Productivity Content and Agreements
“You” and “your” refer to you, as a user of the Online Apps. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Online Apps. “Code Truck”, “we”, “our”, and “us” refer to Code Truck LLC.
“Content” means text, documents, images, photos, audio, video, location data and all other forms of data, information or communication. “Your Online Content” means Content that you submit or transmit to, through, or in connection with the Online Apps. “Code Truck Online Content” means Content that we create and make available in connection with the Online Apps. “Third Party Online Content” means Content that originates from parties other than Code Truck or its users, which is made available in connection with the Online Apps. “Site Content” means all of the Content that is made available in connection with the Online Apps, including Your Online Content, User Content, Third Party Online Content and Code Truck Online Content.
We may modify, revise, amend or change the Service Terms from time to time at our sole discretion. You understand and agree that your access to or use of the Online Apps is governed by the Service Terms that are effective at the time of your access to or use of the Online Apps. We will also indicate at the top of these Service Terms the date that revisions were last made. You acknowledge and agree that you will review these Service Terms on a regular basis and acknowledge that revised versions will be binding on you. Any such modification will be effective upon our posting of new Service Terms. You acknowledge and agree that your continued access to or use of the Online Apps after modifications to the Service Terms indicates your acceptance of and agreement to be bound by the modified and last updated Service Terms.
We may translate these Service Terms into other languages for convenience. Nevertheless, the English version governs your relationship with Code Truck, and any inconsistencies among the different versions will be resolved in favor of the English version.
Your use of our Online Apps is governed by the terms of our Agreements. All provisions from the EULA apply equally to the Online Apps including without limitation the EULA's provisions regarding indemnification, warranties, limitations of liability, dispute resolution, termination, and general terms. Please refer without limitation to the following sections:
Availability of our Online Apps
The Online Apps may be revised, amended, modified, updated, interrupted, suspended or discontinued at our sole discretion at any time without notice or liability.
You alone are responsible for Your Online Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Online Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Online Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Online Content as described herein. You may not claim or imply that Your Online Content is in any way sponsored or endorsed by Code Truck.
You may expose yourself to liability if, for example, Your Online Content contains material that is false, intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any statute, law or regulation.
We may use Your Online Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). You hereby grant to us a perpetual, irrevocable, worldwide, fully paid up, transferable, non-exclusive right and license to exploit Your Online Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. We shall have the unlimited and permanent right to copy, duplicate, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice Your Online Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of Your Online Content or the elements thereof in conjunction with or into any other material. To the extent permitted by applicable laws, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” of paternity, publication, reputation or attribution or any similar law in any country of the world and you hereby waive any moral rights you may have in any of Your Online Content. You represent and warrant that Your Online Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that Your Online Content will not use or contribute anything that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, bigoted, sexist or otherwise objectionable or inappropriate or that displays intolerance, bigotry or discrimination based on race, religion, color, creed, gender, nationality, ethnicity, sexual preference, sexual orientation, are otherwise hateful or offensive or identifies or suggests the identity of a public figure. We may remove any Your Online Content and any related content or elements from the Account or our Online Apps at any time, at our sole discretion and without notice to you. You agree that we have no obligation to retain or to provide you with copies of Your Online Content. You agree that if you use the Account, Online Apps outside of the United States that we may cause Your Online Content to be transferred to and processed in the United States. You acknowledge that our right and license to Your Online Content above shall survive any termination of the Terms.
You also agree to, and hereby do, irrevocably grant the users of the Online Apps and any Other Media the right to access and use Your Online Content in connection with their use of the Online Apps and any Other Media. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Online Content.
As between you and Code Truck, you own Your Online Content. We have ownership or licensee rights to the Code Truck Online Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software and all other elements and components of the Online Apps. In particular, Code Truck makes no claim to Third Party Content from any government entity. We also have ownership or licensee rights to the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Code Truck Online Content and the Online Apps, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Code Truck Online Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Online Apps and the Code Truck Online Content are retained by us.
In addition to the Content Guidelines in the EULA, the following standards apply specifically to content posted on or submitted through our Online Apps:
Code Truck may employ both automated systems and human moderators to review content posted on our Online Apps. You acknowledge and agree that:
When participating in comment sections, forums, or other interactive areas of our Online Apps:
When submitting content to public areas of our Online Apps, you acknowledge that:
Code Truck and its licensees may publicly display advertisements and other information adjacent to or included with Your Online Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change at any time at our sole discretion and without notice to you.
User Content from persons other than you (including any that may have been created by users employed or retained by Code Truck) does not necessarily reflect the opinion of Code Truck. We reserve the right to remove, screen, edit, or reinstate Your Online Content and any other User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove Your Online Content and any other User Content if we believe it violates our Content Guidelines. We assume no obligation to regularly review User Content. We have no obligation to retain or provide you with copies of Your Online Content, nor do we guarantee any confidentiality with respect to Your Online Content.
Code Truck respects the intellectual property of others and we expect that you will also. We will respond reasonably promptly to concerns about alleged infringement. If you believe that your work has been used in a way that constitutes copyright infringement, you may submit a notice to our Copyright Agent under the Digital Millennium Copyright Act ("DMCA"). Your DMCA notice must be in writing and provide us with the following information (see 17 U.S.C. Section 512(c)(3)(A)):
You may direct DMCA notices of copyright infringement to our Copyright Agent, c/o Code Truck LLC, 3301 3rd Street South, Jacksonville Beach, FL 32250, email: copyright@codetruck.net, phone: 904 536 2177. You may only use this procedure to notify Code Truck about matters related to alleged copyright infringement in connection with the DMCA. Our Copyright Agent will not respond to communications that are not relevant to the foregoing. You agree that your failure to comply with all of the DMCA notice requirements listed above may invalidate your DMCA notice. Any other questions, comments, feedback or requests for information or help should be directed to support@codetruck.net.
If you believe that Your Online Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your Online Content, you may send a DMCA counter-notice to our Copyright Agent in writing which provides us with the following information (see 17 U.S.C. 512(g)(3)):
You agree that your failure to comply with all of the DMCA counter-notice requirements listed above may invalidate your DMCA counter-notice. If our Copyright Agent receives a DMCA counter-notice, we may send a copy of the counter-notice to the party who sent us the original DMCA notice and further inform that party that we may replace the removed Content or cease disabling it in 10 business days. Unless our Copyright Agent has received notice that the copyright owner has filed an action seeking a court order to restrain the Content provider, subscriber, member or user from engaging in infringing activity relating to the removed Content, such removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the DMCA counter-notice, at Code Truck's sole discretion.
You may choose to send us ideas, suggestions, documents or proposals (“Feedback”). You agree that such Feedback constitutes a part of Your Online Content that is subject to our rights of use established in Section 5 above. You also agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) we may have something similar to the Feedback already under consideration or in development.
The Online Apps may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the accuracy, availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Online Apps may be subject to additional third party or open source licensing terms and disclosures.
We reserve the right to modify, update, or discontinue the Online Apps at our sole discretion, at any time, for any or no reason, and without notice or liability. This includes changing the design, features, functionality, or content of any website or web application.
You agree that we may provide you with notices specific to the Online Apps, including those regarding service interruptions, feature updates, or website maintenance through in-app notifications, banners, or communications through the Online Apps themselves.
Our Online Apps may incorporate third-party components, plugins, widgets, or interfaces. Your use of these components is subject to both these Service Terms and any applicable third-party terms. In case of conflict, the more restrictive terms shall apply to your use of those specific components.
The Online Apps are provided on an "as available" basis. We do not guarantee uninterrupted access to our websites or applications. Temporary service interruptions may occur due to system maintenance, technical issues, or factors outside our control. These interruptions do not constitute a breach of these Service Terms.