CodeSpark Foundation is a nonprofit organization (“CodeSpark.ng”). Our mission is to give every child the opportunity to experience computer science related technologies in a bid to spark their interest to learn computer science. As a part of that mission, CodeSpark.ng operates the websites located at http://codespark.ng, http://club.codespark.ng, other websites, information, text, curricula, videos, graphics, photos, APIs, email notifications and other materials and related products and services (the “Services”).
Please read these Terms of Service (“Terms”) carefully before accessing or using the Services. Accessing or using any part of the Services or clicking on an “I Agree” or “Sign Up” button that may be made available to you means that you agree to be bound by these Terms without modification.
These Terms are a legal contract between you and CodeSpark.ng regarding your use of the Services. You may use the Services only if you can form a binding contract with CodeSpark.ng and are not a person barred from receiving the Services under the laws of Nigeria or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, school, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Note: If you are a teacher creating an account on behalf of your students, you agree to be bound by this Terms of Service on behalf of the educational organization you work for, and are authorized to do so.
These Terms are subject to change. You are agreeing to be bound by such changes if you continue to use to the Services after these Terms change, so please check these Terms for changes periodically.
Some Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms will control.
Children Under Age 13
If you are an Educator and you register an account for a student who is under the age of 13 (a “Child”), you represent and warrant that you or the educational organization you work for has proper permission to register the Child for CodeSpark.ng, and that you have obtained the necessary parental consent for CodeSpark.ng’s collection of the Child’s personal information for the use and benefit of the school and for no other commercial purpose. In addition, you agree to be bound by these Terms on behalf of the educational organization you work for.
If you create an account for Services, you are responsible for the security of your account and for keeping your own password safe. If you are using an account assigned to you by an Educator, your Educator may be able to access and disable your account.
If you are a student that uses an account registered for you by a Educator or otherwise connected to an Educator, you agree that CodeSpark.ng may disclose your information to the Educators associated with your account. If you are a Educator, you agree not to share student information you receive from CodeSpark.ng with anybody other than authorized agents of the classroom, school district, or other educational establishment you represent. CodeSpark.ng does not use student data for any targeted or behavioral advertising, profiling, or onward disclosure.
User Generated Content – Management; License Grant; Representations and Warranties
CodeSpark.ng has no obligation to monitor User Content or other materials. You are responsible for evaluating all User Content including for accuracy, completeness and reliability, and you bear all risk of using such User Content. CodeSpark.ng will not be responsible for any damages that you may incur as a result of the submission or use of any User Content.
CodeSpark.ng may, but is not obligated to, monitor or review any Services where Educators communicate solely with each other, including but not limited to chat rooms, live chats, bulletin boards or other user forums, and the content of any such communications. You assume the risk of such communications, and CodeSpark.ng has no liability related to the content or use of any such communications.
Users may include links to third party websites in User Content as long as the content of such websites does not violate these Terms. Clicking on such links is at your sole risk. CodeSpark.ng is not responsible for the availability or the content of linked websites, including the advertising, products or other materials thereon.
By submitting or distributing User Content through the Services or directly to CodeSpark.ng staff, you hereby grant to CodeSpark.ng 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 redistribute, adapt, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content (which should not contain any Student’s Personal Information), under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
In addition, by submitting or distributing User Content through the Services, you hereby grant to each user of the Services a non-exclusive license to access and use your User Content.
User Content Representations and Warranties
You are solely responsible for User Content you post to the Services and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that: (1) you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; (2) your User Content does 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 Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Website and to suspend or terminate users, without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of CodeSpark.ng, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use nonpublic areas of the Services, CodeSpark.ng’s computer systems, or the technical delivery systems of CodeSpark.ng’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by CodeSpark.ng (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CodeSpark.ng (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of CodeSpark.ng is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, bullying or harassing, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Your License to Use CodeSpark.ng Videos, Tutorials, Data, and APIs
CodeSpark.ng’s library of videos may be redistributed freely on the express conditions that (1) the videos are redistributed AS-IS in their entirety, using the embedded video player provided, or by downloading the original video file IF a download link is provided, and with clear attribution to CodeSpark.ng, (2) the videos are not incorporated into any mashups, (3) the videos are used for computer science education purposes, (4) the use of the video does not constitute an endorsement of a 3rd party brand, service or product and (5) if access to such redistributed Content or Services is provided free of charge.
The celebrities and video “cast“ members appearing in CodeSpark.ng tutorial videos reserve all rights to their likeness and name. By allowing you to redistribute these videos or tutorials AS-IS, CodeSpark.ng does not grant any additional rights to use of the likeness or name of these individuals.
The artwork used in our tutorials is copyrighted and use of these tutorials does not grant you any rights to use the artwork in any other manner.
The software powering CodeSpark.ng tutorials is governed by an open source license which is posted as part of the source code repository.
Other than the proprietary videos and artwork mentioned above, all curriculum and tutorial materials developed by CodeSpark.ng are licensed to you for use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 Unported License. More information about this license can be found at: http://creativecommons.org/licenses/by-nc-sa/4.0/. CodeSpark.ng grants you a non-exclusive, transferable, non-sublicensable, limited right and license to access, view, use, and display the CodeSpark.ng curriculum and tutorial materials. The CodeSpark.ng curriculum and tutorial materials may only be used for noncommercial, computer science educational purposes. You may use these CodeSpark.ng resources in a classroom where you charge students a fee to cover such costs as instructor compensation, venue, snacks, etc., so long as you do not represent the CodeSpark.ng resources as your own creation or restrict access to the resources behind a paywall. If you are interested in licensing CodeSpark.ng materials for commercial purposes, contact us.
CodeSpark.ng respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Digital Millennium Copyright Act
It is CodeSpark.ng’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, CodeSpark.ng will also terminate a user’s account if the user is determined to be a repeat infringer. To report a copyright violation, please contact us. Our copyright agent for notice of claims of copyright infringement can be reached by directing an e-mail to the copyright agent at firstname.lastname@example.org.
CodeSpark.ng Intellectual Property Rights, and Your License to Use the Services
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of CodeSpark.ng and its licensors. The Services are protected by copyright, trademark, trade dress, patent and other laws of Nigeria and other countries. The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Nothing in the Terms gives you a right to use the CodeSpark.ng name or any of the CodeSpark.ng trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CodeSpark.ng, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Subject to these Terms, you may access and use the Services only for your own personal, noncommercial use. We reserve all other rights to the Services and Content, and otherwise you may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission, except with respect to CodeSpark.ng’s library of videos, curriculum, tutorials, and API as set forth above.
Upon request, we may expressly authorize you to redistribute certain Content for personal, noncommercial use. We will identify specifically the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players). We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request. In addition, notwithstanding any of the foregoing, use of Content or Services will NOT be permitted if such use constitutes an endorsement of a 3rd party brand, service or product or if access to such redistributed Content or Services is not provided free of charge.
The CODESPARK® logo design is a registered trademark of CodeSpark Foundation. You may only use the CodeSpark.ng logo or trademark with the permission of CodeSpark.ng, and only in reference to CodeSpark.ng. Mash-ups or combinations of the CodeSpark.ng logo or name with other logos or names are specifically prohibited.
CodeSpark.ng does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other materials made available as a part of the Services.
CodeSpark.ng encourages software engineers to volunteer as mentors in the classroom to assist teachers in computer science education.
CodeSpark.ng’s platform does not connect students directly to volunteers or mentors. Instead, CodeSpark.ng provides Educators information about potential volunteers without any warranty, references, or background checks. If you are an Educator who chooses to ask for the assistance of a volunteer sourced via CodeSpark.ng’s database, it is entirely your responsibility to thoroughly check references or perform the necessary background checks. CodeSpark.ng provides no warranty or information other than the ability to contact a potential volunteer, and all liability in any use of volunteers rests only with you. CodeSpark.ng does not guarantee the accuracy or completeness of any information provided by volunteers and we neither adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by any party other than CodeSpark.ng. Under no circumstances is CodeSpark.ng responsible for any loss or damage resulting from any person’s reliance on information or other content posted on the Service or transmitted by others.
Pledges, Donations and Payments
A. Pledges and Donations. If you make a pledge or donation on this website, You agree to pay all pledges and donations specified.
B. Payment Methods. CodeSpark.ng will charge the pledge or donation you authorized, if any, 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 CodeSpark.ng, or any other company that acts as a billing agent for CodeSpark.ng, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such pledge or donation are paid in full.
C. Credit Card Authorization. If you use a credit card to pay for any pledge or donation related to the Website, You will be asked to provide CodeSpark.ng with a credit card number from a card issuer that we accept. CodeSpark.ng may seek pre-authorization of your credit card account to verify the credit card is valid and/or has the necessary funds or credit available to cover your pledge or donation. 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.
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of CodeSpark.ng and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “CodeSpark.ng Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CodeSpark.ng ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The CodeSpark.ng Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the CodeSpark.ng Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the CodeSpark.ng Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) the protection of the privacy of personal information. Links to such websites or resources do not imply any endorsement by the CodeSpark.ng Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may provide links to the CodeSpark.ng site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright, trademark service mark notices or other notices on the site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CODESPARK.NG ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CODESPARK.NG ENTITIES EXCEED THE GREATER OF TEN THOUSAND NAIRA (₦ 10,000.00) OR THE AMOUNT YOU PAID CODESPARK.NG, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CODESPARK.NG ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
A. Waiver and Severability
The failure of CodeSpark.ng to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Lagos State without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Ogudu, Lagos, Nigeria, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in Nigeria using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such Nigerian federal government entities, these Terms and any action related thereto will be governed by the laws of the Federal Republic of Nigeria (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Lagos State (excluding choice of law).
C. Entire Agreement
These Terms are the entire and exclusive agreement between CodeSpark.ng and you regarding the Services (excluding any services for which you have a separate agreement with CodeSpark.ng that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between CodeSpark.ng and you regarding the Services. No other person or company will be third party beneficiaries to the Terms.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CodeSpark.ng without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.
You agree, to the extent permissible by law, to indemnify, defend, and hold harmless CodeSpark.ng, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“CodeSpark.ng Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the website, the Services, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child associated with you if you are a Parent. CodeSpark.ng reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CodeSpark.ng, and you agree to cooperate with CodeSpark.ng’s defense of these claims. CodeSpark.ng will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
We may revise these Terms from time to time, the most current version will always be at CodeSpark.ng/tos. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.