@thecodinglord

Terms of Use

Last Updated: August 3rd, 2022

The following terms of use (“Terms”) govern your access to and use of the website thecodinglord.com.ng (collectively, the “Website”), operated and owned by Ezeigbo Emmanuel (collectively, “Ezeigbo Emmanuel”, “we”, “us” or “our”).

The Websites provide educational content and resources for software developers (the “Services”), including paid content, such as an online course or source code. By purchasing a course or source code, you become a Registered User, and gain access to additional services, such as our Discord community. You can find more information on Discord’s Terms of Service and Privacy Policy on Discord’s website.

Please read these Terms carefully before using the Websites and Services. By using or accessing the Websites or Services, you agree to be legally bound by these Terms and our Privacy Policy (collectively, the “Policies”). If you do not agree to the Policies, you should not use or access the Websites or Services. The Policies apply to all users, including visitors and Registered Users who use the Services (collectively, “users” or “you”).

  1. Your Use of our Websites and Services

    2. License

    These Terms govern the access or use by you of the Websites or Services.

    Subject to your compliance with these Terms, TheCodingLord grants you a limited, non-transferable, non-exclusive, revocable right to access and use the Websites and/or the Services solely for your personal, non-commercial use. For greater certainty, Ezeigbo Emmanuel does not grant you or any other party any right, title or interest in the Websites and/or Services. We reserve all rights not expressly granted to you under these Terms.

    Representations and Warranties

    For Registered Users. You hereby warrant and represent that

    1. you are the legal age of majority in your jurisdiction and have the authority to enter into these Terms;

    2. any information that you provide to us, including any personal or financial information provided as part of the creation of an Account or payment of the Services, shall be accurate, current, and complete;

    3. you shall not falsify your identity or impersonate any other person, or provide any personal or financial information of any other person, including as part of the creation of an Account;

    4. you shall not use the Websites or Services for any unlawful, illegal, deceptive, misleading, fraudulent, or abusive purpose; and

    5. you shall comply with all Applicable Law when using the Services and you will use the Services only for lawful purposes. As used in these Terms, “Applicable Law” means all domestic or foreign federal, provincial, state, municipal or local laws, common law, civil laws, rules, statutes, regulations, by-laws, ordinances, policies, directives or orders of any government, court, administrative or regulatory agency, commission, body, board or other government authority.

    In the event of your breach of any of the Terms set out herein, TheCodingLord may, in its sole and absolute discretion, suspend or revoke your right to use the Services or Platform without notice to you.

    Restrictions

    Except as expressly permitted under these Terms, you may not:

    1. copy, sell, or otherwise redistribute the Services, or make paid Services available publicly.

    2. modify, adapt or hack the Services or modify any website so as to falsely imply that it is associated with TheCodingLord or the Service;;

    3. use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;

    4. upload, share, or otherwise transmit files that contain a virus, trojan or corrupted data;

    5. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

    6. remove any copyright, trademark or other proprietary notices from any portion of the Services; and

    7. cause nuisance, annoyance, inconvenience or property damage, whether to TheCodingLord or any other third-party, while using the Services.

  2. Void Where Prohibited by Law

    3. By using the Services you are explicitly agreeing that you have verified that your use of the Services is permitted under Applicable Law.

  3. Platform Access for Registered Users

    4. After purchasing a paid product, you will also be invited to join our Discord community. We will grant you a non-exclusive, non-transferrable licence to access and use the source code for which you have paid all required fees, along with access to the Discord community.

  4. Payment Terms for Registered Users

    1. When you make a payment, you agree to use a valid payment method.

    2. We are not responsible for any fees charged to you by your financial institution for invalid method of payment, including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees and cross border fees (collectively, the “Invalid Payment Fees”).

    3. We will facilitate your payment of the applicable Fees through a third-party payment processor. We reserve the right to change our third-party payment processor without notice to you.

    4. Licenses are non-transferrable and cannot be shared. You may not give, sell, loan, share, or otherwise make available your account to any other person. Failure to comply may result in the suspension or termination of your Account and of your access and use of the Services and Platform, without refund. In rare cases, exceptions can be made, in our sole discretion.

  5. Privacy

    6. You acknowledge and agree that your use and access to the Services is provided via the internet. Your information, including personal information (as defined in the Privacy Policy), may be transferred across borders and stored or processed in accordance with our Privacy Policy.

  6. User Generated Content, for Registered Users

    7. We may permit Registered Users to submit content (the “User Content”). For example, Registered Users may ask questions or share testimonials within our Discord community, as well as submit feedback about the course experience. If you choose to submit any User Content, you hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free right and licence to publish, display, reproduce, modify, adapt, translate, create derivative works of, distribute, and otherwise exploit (including commercially) any User Content throughout the world in any media. We are and shall be under no obligation to maintain any User Content in confidence or treat it as confidential or proprietary, pay any compensation for any User Content, or respond to any User Content. You further agree that:

    1. you do not require that you be identified in connection with any User Content, or any derivative works, adaptations, translations, or updates thereof;

    2. you do not oppose to the publication, use, modification, deletion and exploitation of the User Content by us;

    3. you waive all of your moral rights and any other rights of a similar nature as an author in any and all User Content; and

    4. you release us from any claims that you could otherwise assert against us by virtue of any moral rights.

    Further, you warrant and represent that:

    1. you own or have obtained all necessary rights and/or licences to any User Content that you submit;

    2. any User Content you submit is correct and true (where it states facts) or genuinely held and reflect your true experience (where it states opinions);

    3. any User Content you submit shall not: infringe any third-party’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity, infringe any third-party’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity, reveal any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person, be technically harmful (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).

    Although we are not obligated to monitor content or the accuracy of User Content, you acknowledge and agree that we, acting in our sole discretion, have the right to monitor or remove, without notice, any User Content.

    If you do not wish for User Content that you have generated to be used in any marketing materials for the Services, you may request that we either remove or anonymize this User Content. We will proceed in a case-by-case basis, at our sole discretion.

  7. Intellectual Property Rights

    1. The Services we offer via the Websites, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no licence or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Website or the Services (“Feedback”), we are free to fully exploit such Feedback without obligation or compensation to you.

    2. All materials, including any text, images, illustrations, designs, videos, code snippets, games, software, data, and other materials that are part of the Websites or Services, other than User Content (collectively, the “Content”), is owned and controlled by Ezeigbo Emmanuel. The Content is provided on an “as is” and “as available” basis for informational purposes only and is subject to change without notice.

    3. The compilation (i.e. the selection, collection, arrangement, and assembly) of the Content is the exclusive property of Ezeigbo Emmanuel.

    4. You may only copy, reproduce, store, or download content on the Websites and/or Services for personal non-commercial use, unless otherwise agreed with us in writing or allowed under applicable mandatory law.

  8. Access To and Use of the Internet

    9. You are solely responsible for obtaining and maintaining all internet or data network access, device hardware and other equipment needed to access and use the Services, and you shall be solely responsible for all charges and fees related thereto.

    Due to technical difficulties with the internet, internet software or transmission, problems could produce inaccurate or incomplete copies of information contained in the Services.

    EZEIGBO EMMANUEL AND ITS AFFILIATES, SUPPLIERS, LICENSORS, CONTRACTORS, LICENSEES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES (COLLECTIVELY THE “EZEIGBO EMMANUEL PARTIES”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR SERVICES. IN NO EVENT ARE THE EZEIGBO EMMANUEL PARTIES LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES INCURRED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITES OR SERVICES.

    You understand and agree that electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose the Josh W Comeau Parties to any liability for damages you may suffer as a result of communicating with us by electronic communications.

  9. Third-Party Links

    10. The Website may contain links to other websites (“Third-Party Websites”). These links are provided solely as a convenience to you and not as an endorsement by Josh W Comeau of the contents on such Third-Party Websites. If you access Third-Party Websites, you do so at your own risk and you understand that the Policies do not apply to your use of such Third-Party Websites. Because we have no control over such sites, you acknowledge and agree that the Josh W Comeau Parties are not responsible for, and have no liability with respect to, the availability or unavailability of such sites, for the treatment of your personal information by such sites, or for the information, products, content or other materials on or available from such sites or resources. We encourage you to review the terms of use and privacy policy for all Third-Party Websites you visit.

  10. Disclaimers

    11. Availability of the Services

    While we endeavour to keep downtime to a minimum, we cannot promise that the Services or availability of the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend the operation or availability of the Services or any part thereof, with or without prior notice for any reason. You shall not be entitled to any refunds of fees for interruption of the Services or the availability of the Services.

    YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. You agree that the TheCodingLord Parties shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Services or of your ability to access it.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EZEIGBO EMMANUEL PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, CONDITIONS, GUARANTEES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. IN ADDITION, EZEIGBO EMMANUEL MAKES NO CONDITION, REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER OR SYSTEM OR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

    EZEIGBO EMMANUEL MAKES NO REPRESENTATION OR WARRANTY AND DOES NOT GUARANTEE THE RELIABILITY, QUALITY, QUALIFICATIONS, SUITABILITY, CAPABILITY, SAFETY, ABILITY OR AVAILABILITY OF ANY SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EZEIGBO EMMANUEL DOES NOT GUARANTEE THAT THE SERVICES, OR ANY PORTION THEREOF, WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICES. IN ADDITION, THE SERVICES MAY BE SUBJECT TO MALFUNCTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  11. Limitation of Liability

    12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE EZEIGBO EMMANUEL PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), COMMON, CIVIL OR REGULATORY LAW (INCLUDING PRIVACY) OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, DAMAGES FOR DELETION, CORRUPTION, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SERVICES, ANY SERVICES INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) THE WEBSITES OR SERVICES OR ANYTHING OBTAINED THROUGH THE WEBSITES OR SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICES, IN ANY CONTENT AVAILABLE OR ACCESSIBLE ON THE WEBSITES OR DISPLAYED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OR IN CONNECTION WITH THE SERVICES, OR IN THE OPERATION OF THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

    TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE EZEIGBO EMMANUEL PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

  12. Indemnification

    13. You agree to defend, indemnify and hold harmless the TheCodingLord Parties from and against any and all loss, liability, obligation, damage, cost, claim, demand, debt, expense, including but not limited to reasonable attorneys’ fees relating to or arising out of: (a) your use of and access to the Services; (b) your breach of any term of these Terms, including without limitation any breach of your representations and warranties set forth above; (c) your violation of any third-party right, including without limitation any intellectual property, real property rights, or privacy right or any rights of any person; (d) your violation of any Applicable law; (e) any User and Third-Party Content or any other information or content that is posted or submitted via your Account including without limitation misleading, false or inaccurate information; (f) negligent or willful misconduct; (g) any activity through your Account; (h) any use or inability to use our Services; or (i) any claim or demand by any third party arising out of or relating to your access or use of the Services. This indemnification provision survives termination of these Terms and your use of the Services and Websites.

  13. Term, Termination, and Suspension

    14. These Terms will remain in full force and effect unless and until updated or terminated hereunder.

    TheCodingLord may, at its sole discretion, at any time and for any reason, without notice to you, suspend or terminate your Account or your right to use and access the Services and/or the Platform. Upon termination of your Account, you shall no longer have the right to use and/or access the Services or Platform. This may include suspending or terminating your access to our Discord community. A suspension will be for such period of time as we may reasonably determine is necessary to permit the thorough investigation of the activity that resulted in the suspension.

    You may terminate your Account at any time by contacting us and requesting that your Account is deleted. See contact information at the bottom of this document.

    YOU AGREE THAT THE EZEIGBO EMMANUEL PARTIES HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED STATUS AS A REGISTERED USER.

  14. General

    15. Agreement

    These Terms together with the Privacy Policy set out the entire Agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

    No Waiver

    Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

    Severability

    If a court of competent jurisdiction finds that any provision of these Terms is invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

    Updating

    We may, in our sole discretion, update these Terms to, for example, reflect changes to our practice or to the law. Please review the Terms regularly. If you do not agree to the modified Terms, you should discontinue your access or use of Websites or Services. Your continued use of the Websites or Services shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

Contact

To get in touch with us, please contact us by email at ezeigboemmanuel2@gmail.com