Terms of Service

Last Updated: July 16, 2013

These terms of service govern the provision of the Services by Noted Code to you and your use of the Services (“TOS). Please read these TOS carefully before you use the Noted Code Services.

You agree that your use or continued use of the Noted Code Services means that you accept and agree that the TOS constitute an agreement between you, the customer (“Customer” or “you“), and Noted Code ABN 41 324 116 055 (“Noted Code“, “we” or “us“) with respect to your use of the Noted Code Services and the provision of Services by Noted Code to you (“Agreement“).

If you do not accept these TOS, you must not use the Noted Code Services.

Definitions

In these TOS, unless the context otherwise requires:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State and Territory fair trading legislation;

“Consumer” has the meaning given to it in section 3 of the Australian Consumer Law;

“Consumer Guarantees” means the consumer guarantees contained in the Australian Consumer Law;

“Consumer Services” means services of a kind ordinarily acquired for personal, domestic or household use or consumption as that expression is used in the Australian Consumer Law;

“Intellectual Property Rights” means all present and future statutory and other proprietary rights (whether registered or unregistered) throughout the world, including but not limited to trade marks, business names, trading names, domain names, logos, trade secrets, confidential information, designs, patents, inventions, processes, systems, databases, computer software, source code, object code, websites, technical data, formulae, circuit layouts, copyrights, confidential information, pricing and plan information, know-how including modifications and improvements to same and all other rights with respect to intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967, and moral rights as defined under Part 9 of the Copyright Act 1968 (Cth);

“Internet” means the global data network comprising interconnected networks using the TCP/IP or Transmission Control Protocol/Internet Protocol;

“Law” means any legislation, regulations, guidelines, codes of conduct (whether or not having the force of law), and all other laws from which legal rights and obligations may arise including without limitation the common law and equity, in any jurisdiction to which Noted Code or the Customer is from time to time subject;

“Representatives” means directors, officers, employees, agents, representatives, contractors or subcontractors of Noted Code;

“Retailer” means any retailer or advertiser of services and/or goods selected by Noted Code from time to time in its absolute discretion and which is displayed on the Services;

“Services” means the Noted Code website at URL https://notedcode.com and other online sites and software applications owned or operated by us;

“Software” means any software owned by, or licensed to, Noted Code which is used for the purposes of providing the Services to the Customer.

1. Changes to Terms & Conditions

1.1 Noted Code reserves the right to amend these TOS from time to time without notice.

1.2 The latest version of the TOS appears on the Noted Code website.

1.3 You can identify whether the TOS have been amended since your last review by checking the “Updated” date at the foot of these TOS.

1.4 You agree to review the TOS to check the “Updated” date each time you use the Noted Code website or mobile applications to ensure that you are aware of any amendments.

1.5 Your continued use of the Services or the Noted Code website or mobile applications will be deemed to constitute acceptance of the amended TOS.

2. Provision of the Services

2.1 Noted Code is an online service for individuals to add notes to source code held in repositories and share those notes with others.

2.2 The provision of the Services by Noted Code, and the use of the Noted Code website by or on behalf of the Customer, are subject to these TOS and the Noted Code Privacy Policy (“Privacy Policy”).

3. Use of Services

Without limitation, the Customer undertakes:

  • (a) to only use the Services and the Noted Code website and mobile applications (as the case may be) for personal use; and
  • (b) not to use (or procure or assist anyone else to use) the Services or the Noted Code website or mobile applications:
    • (i) in breach of any Laws;
    • (ii) to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
    • (iii) to cause annoyance, inconvenience or needless anxiety;
    • (iv) to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
    • (v) other than in conformance with accepted Internet practices and practices of any connected networks;
    • (vi) in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity;
    • (vii) for commercial purposes or for resale or resupply of the Services or the Retailer’s services or goods without the prior written consent of Noted Code or the relevant Retailer;
    • (viii) for furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit or debit cards;
    • (ix) to attempt to circumvent Noted Code’s security or network including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks (such as running a SATAN scan or similar tool);
    • (x) for executing any form of network monitoring which will intercept data not intended for the Customer;
    • (xi) for sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material;
    • (xii) for creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
    • (xiii) for malicious e-mail, including, but not limited to, “mail-bombing” (flooding a user or site with very large or numerous pieces of e-mails).

4. Your Information

4.1 The Customer represents and warrants that all information provided by (or on behalf of) the Customer to Noted Code is true, accurate and complete. The Customer must promptly inform Noted Code of any changes to such information.

4.2 The Customer acknowledges and agrees that Noted Code may collect the Customer’s personal information and use and disclose such information in accordance with the Privacy Policy. The Privacy Policy can be accessed by visiting https://notedcode.com/privacy/ or by asking us to post or email a copy to you. The Customer acknowledges and agrees to the Privacy Policy.

4.3 Except with respect to the Customer’s personal information, the Customer grants Noted Code a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute all of the information and other material transmitted by the Customer using the Services, including the Intellectual Property Rights in such information.