The following terms and conditions shall govern your use of the Cocycles website, located at bit.dev (the "Website"), as well as the use of the web based code search engine, code and content hosting, content and software systems, technological aspectes therein and any other services or solutions provided (together with the Website, the “Services").
By using the Services, you (the "User" or "You") acknowledge that you have read and understand this agreement and that you accept and agree to be bound by these terms and conditions. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE SERVICES.
THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND US, COCYCLES LTD. (THE “OWNERS” OR “COMPANY”) WITH RESPECT TO THE SUBJECT MATTER HEREOF (THE “AGREEMENT”).
You are granted permission to use the Services subject to your full compliance with the provisions of this Agreement.
You may not use any of the Services if you are under the age of 13 or lack the legal capacity to do so.
While using the Website or the Services, you may not perform, intentionally or carelessly, any of the following:
Browse, surf, process, scan or use the Services or Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Owners have not provided you with a direct link (including, without limitation, URL Hacking).
Carry out any action which may infringe the copyrights of the Owners or any other copyright holder.
Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm the public order, or could reasonably be viewed as obscene, pornographic or intended to offend or harm the feeling of any specific individual or group of people.
Carry out any action which violates any community guidelines Owners may publish on the Website from time to time.
Owners reserve the right to bar you from using any of the Services, and suspend or cancel any action carried out on the Website or through the Services, at our sole decision and for any reason Owners deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any applicable law or regulation.
The Services shall remain the exclusive property of Company, and shall not be used in any way other than as allowed by this Agreement. User acknowledges that, the Website, Services and all copyrights, design, source code, content elements, trade secret rights and other intellectual property rights with respect thereto and in connection therewith, are and will at all times be the property of Company, even if suggestions or ideas made by User are incorporated into subsequent versions of the Services including any new features, or inventions.
Content and source code created or shared by end users are subjected to open-source licensing as so decided by those end users and in agreement with these terms of conditions.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content. By setting your content to be viewed publicly, you agree to allow others to make use of your code or content under the specified licensing and terms.
NOTE THAT COCYCLES TAKES NO RESPONSIBILITY FOR LICENSES BEING PROVIDED OR USED BY YOU OR OTHER USERS. IN NO CASE SHALL COCYCLES BE RESPONSIBLE TO ANY INFRINGEMENT OR CONFLICTION OF CODE LICENSING IN ANY WAY OR MANNER OR TO ANY KIND OF DAMAGES CAUSED AS A RESULT. IT IS YOUR RESPONSIBILITY TO ENSURE YOUR CODE DOES NOT INCLUDE, USE OR INFRINGE ANY CODE LICENSED IN WAY CONTRADICTING OR OTHER THAN THAT OF YOUR OWN CODE. IT IS YOUR RESPONSIBILITY TO ENSURE THE CODE YOU USE (INCLUDING DEPENDENCIES) AND THE WAY YOU USE IT DOES NOT INFRINGE OR OTHERWISE VIOLATE ANY LICENSE OF ANY SUCH CODE.
The trademarks “Cocycles”, “bit”, "bit.dev", and “bitsrc” and others are used by the Owners in regard with their services and products and may not be used without their explicit permission. Any other trademarks appearing on the Services, whether currently or in the future, are the property of their respective owners, as applicable.
The provisions of this Section shall survive the expiration or termination of this Agreement.
Limitation of Liability
BECAUSE OF THE NATURE OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE OR USE OF THE SERVICES, OR THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDERTAKEN IN THIS AGREEMENT. WITHOUT DEROGATING FROM THE FOREGOING IT IS HEREBY EXPRESSLY STATED THAT ANY USE OF OPEN SOURCE COMPONENT BY THE USER IS SUBJECT TO SUCH OPEN SOURCE LICENSE WHICH DUE TO THE NATURE OF THE SERVICES, SUCH OPEN SOURCE LICENSE MAY NOT APPEAR OR MAY NOT BE CORRECT AND ACCORDINGLY THE USER SHOULD VERIFY THE LICENSE APPLICABLE TO ANY OPEN SOURCE USED BY IT AND NOT RELAY ON THE SERVICES FOR SUCH PURPOSE.
USER ACKNOWLEDGES THAT IT IS RECEIVING SERVICES THAT MAY CONTAIN ERRORS AND/OR OMISSIONS. USER AGREES AND ACKNOWLEDGES THAT COMPANY SHALL HAVE NO RESPONSIBILITIES TO USER TO CORRECT ANY DEFECTS OR PROBLEMS IN THE SERVICES DURING THE EVALUATION PERIOD. COMPANY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SERVICES WHETHER EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE AVAILABILITY OF ANY OF THE SERVICES. THE SERVICES IS PROVIDED “AS IS”, AND USER ASSUMES ALL RISKS OF ITS USE, QUALITY, AND PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COCYCLES OR ITS AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, WIRELESS CARRIERS OVER WHOSE NETWORK THE SOLUTION IS PROVIDED OR OTHER BUSINESS PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY, OR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) INCURRED FOR LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OR DESTRUCTION OF ANY DEVICE, HARDWARE OR SOFTWARE INCLUDING THE SOLUTION, COSTS OF PROCURING SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING OUT OF THIS AGREEMENT OR THE SOLUTION PROVIDED HEREUNDER, EVEN IF COCYCLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COCYCLES WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, INADVERTENT DISCLOSURE OR LOSS, CORRUPTION OR RECOVERY OF DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED BY OR ANY PROGRAMS, USER SETTINGS AND OTHER MATERIALS AND FUNCTIONALITY AFFECTED BY THE SOLUTION REGARDLESS OF THE CAUSE, INCLUDING LOSS OR CORRUPTION CAUSED BY COCYCLES’S GROSS NEGLIGENCE OR RECKLESSNESS. IN NO EVENT SHALL COCYCLES’S LIABILITY RELATED TO ANY SOLUTION EXCEED THE FEES YOU ACTUALLY PAID DURING THE SIX MONTHS PERIOD PRIOR TO SUCH EVENT.
THE LIMITATION OF LIABILITY PROVISIONS OF THIS SECTION DO NOT APPLY TO LIABILITY THAT IS THE RESULT OF USER'S BREACH OF COMPANY'S RIGHTS IN THE SERVICES.
You are solely responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
Advertisements to third party products may be presented on the Services by an external service, matching the advertisements to the content. It is clarified that the Owners have no control over the selection of the advertisements displayed, the order of their presentation or their accuracy and are not a direct party to any transaction resulting from such advertisements.
Certain adverts or Hyper-Links used in the Services may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that the Owners did not examine these websites and do not support them or their content and can not verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
Amendment to Services and Terms of Agreement
The Owners may make Non-substantial changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
The Owners may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement, at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
You will be entitled to terminate the agreement prior to the amendments taking effect.
The amendments will not affect any actions already taken by you prior to the amendments taking effect.
It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments.
“Non-substantial Changes” shall mean any changes which are not “Substantial Changes”.
Notice of Infringement. If you have cause to believe any Services’ content to be in violation to the terms hereunder or in infringement of any applicable law, Owners would appreciate it if you would notify us of such content via email to email@example.com stating the violating content and the nature of violation.
User shall not assign this Agreement to any third party without Company's prior written consent.
This Agreement shall be construed and enforced in accordance with the laws, other than the choice of law rules, of the State of Israel. The parties further agree that any litigation rising out of this Agreement shall be brought in a court of competent jurisdiction located in Tel Aviv.
This Agreement, together with any exhibits or other attachments appended hereto, constitutes the entire agreement between the parties and supersedes all previous agreements, promises, and representations, whether written or oral, between the parties with respect to the subject matter hereof.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) are forbidden and will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
User Generated Content
User explicitly warrants and represents that uploading Users’ Content to Services and using, commercializing or displaying such Users’ Content by Owners, in accordance with these terms, shall not constitute or result in violation of applicable law or regulation, including copyright or trademark infringement, violation of privacy, obscenity or slander.
User further warrants and undertakes to refrain from uploading Users’ Content which is (i) contrary to public order; (ii) harmful to the body, rights or feelings of any person or entity; or (iii) is misleading, inaccurate or untruthful.
Additionally, User explicitly warrants and undertakes to refrain from uploading:
any photograph or clip that (i) the publication of which is likely to lead to humiliation or disrespect of an individual depicted therein; or (ii) was taken in the private domain; unless prior consent has been obtained;
any information regarding an individual or a group of people, where making such information available to the public or any third party may (i) lead to the humiliation of an individual or a group of people in the eyes of the public or make such individual or group a target of hate, contempt or mockery; (ii) deride an individual or a group of people on account of their actions, behavior or attributes; (iii) harm the position, profession, business or occupation of an individual or a group of people; or (iv) deride an individual or a group of people on account of their race, decent, religion, residence, age, gender, sexual inclination or limitation;
Any sensitive, personal or geographic information relating to a minor under the age of 18; or any information relating to or potentially identifying a minor under the age of 14.
Without derogating from anything to the contrary herein, the Owners reserve the right to deny presentation of Users’ Content and to suspend or remove Users’ Content.
For the avoidance of doubt, User permits Owners to edit Users’ Content prior to or following its display so as to conform to the Services editing policies, and undertakes to comply with any such policies presented by the Owners.
Premium Subscription Packages
- Within the scope of your use of the Services (including without limitation the Private Solution), you will be allowed to subscribe for premium packages services (the “Premium Subscription Packages”) for a certain period of time as will be subscribed by you (the “Subscription Period”), against a timely payment of applicable fees, which shall be determined by the Company from time to time.
- The fees for each Premium Subscription Package for a certain Subscription Period will be specified at the description of the Premium Subscription Package for the applicable Premium Subscription Package (the “Fees”) and must be paid in advance in accordance with the payment instructions set forth with respect to such Premium Subscription Package. Payment obligations are non-cancelable and Fees paid are non-refundable. Payment for a Premium Subscription Package is made in advance and any use exceeding the purchased Premium Subscription Package on a certain month will be made at the beginning of the following month. Calculation of any use of the Service that exceeds the purchased Premium Subscription Package shall be made in accordance with our records which shall be the only evidence for such use of the Service. Fees are exclusive of any taxes. You will be responsible for paying all taxes associated with your purchases. Should any payment for a Premium Subscription Package be subject to withholding tax you will be responsible for such taxes and will reimburse us to the extent we are required to pay any such withholding taxes.
- It is clarified that the Company shall not increase the price of the Premium Subscription Package that you subscribed for during a specific Subscription Period.
- It is further clarified that Fees will be based on usage of the Premium Subscription Package where the minimum amount will be as specified in the description page of the Premium Subscription Package being purchased. Any use of Service that exceeds a Premium Subscription Package that was purchased shall be billed by us in addition to the payment for the Premium Subscription Package that was paid in advance. You may check the box requesting not to allow exceeded use of the Premium Subscription Package.
- You understand that payment process for the Premium Subscription Package may involve third party clearing services, as approved by the Company for such purpose. To complete such purchase, you will be required to provide to the said entities with certain information, such as your name, credit card number, billing address, etc. It is hereby clarified that any information provided by you to such entities shall be at your own risk and account, and the Company shall not be liable for any damage which you may incur pursuant to such actions. Any Premium Services purchased by you shall be credited to your account.
- The above notwithstanding, in the event that your account was credited or charged with incorrect amounts, or in the event that you did not receive the applicable Premium Subscription Package pursuant to such transaction, please contact us at firstname.lastname@example.org, in order for us to inquire and assist you. You understand that the Company is under no obligation to inquire about any refund request filed after the lapse of seventy two (72) hours from the time that the purchase was recorded into your account, or if no record was made to your account, then from the time in which such transaction was approved by the applicable entity providing the clearing services.
- We may, at our sole discretion, modify, moderate, convert and/or eliminate certain Premium Subscription Package, including those resulting inter-alia, from the change or alteration of the Services, the Company’s decisions to cease from operating the Services, the sale of any proprietary rights associated with the Services, and/or for any other reason, without you retaining any rights to such Premium Subscription Package. It is hereby clarified that we assume no liability to you or anyone on your behalf in connection with the aforesaid.
Notice of Infringement and Report of Content
If you have the cause to believe any Services’ content to be in violation to the terms hereunder or in infringement of any applicable law, we would appreciate it if you would notify us of such content via email to email@example.com, stating the violating content and the nature of violation.
As a platform that is meant to suit all kinds of users, we are exceptionally sensitive to the importance of providing a clean, friendly and appropriate environment for our users. Thus, we do our utmost effort to ensure the User Content is not in violation with our terms. If you believe certain content infringes our terms, please report to us at: firstname.lastname@example.org. Notwithstanding, it shall be noted that we do not undertake to accept your complaint and/or to take any action, with respect thereto, and we shall act or refrain from taking action at our sole discretion after considering your complaint and verifying the information you have provided.