Accepting the Terms of Service
Samebug (the “Product”) is a search engine and database for exceptions for different programming languages and a website where you can find and share solutions for your exceptions related problems, owned and operated by Samebug, Inc. (“Samebug”), a Delaware corporation. By using or accessing any services provided on the Product (collectively, “Services”), you agree to become bound by all the terms and conditions of these terms of service (the “Agreement”). If you (“Subscriber”) do not agree to all the terms and conditions of this Agreement, do not use the Services. Samebug reserves the right to modify this Agreement at any time by posting a revised Agreement on its website and by providing notice via e-mail, where possible, or on the website. The modification shall enter into effect on the fifteenth (15th) day of posting on the website. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber’s acceptance of the modifications to this Agreement.
Access to the Services
Samebug may offer to provide the Services solely for Subscriber’s own use, and not for the use or benefit of any third party.
Samebug may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Samebug may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability.
Subscriber agrees that Samebug will not be liable in any event to Subscriber or any other party for any suspension, modification, discontinuance or lack of availability of the Service. Samebug reserves the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber certifies to Samebug that Subscriber is an individual (i.e., not a corporate entity) at least thirteen (13) years of age. No one under the age of thirteen (13) may provide any personal information to Samebug. Subscriber also certifies that he/she is legally permitted to use the Services, and takes full responsibility for the selection and use of the Services.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to access the Services.
Subscriber may not use any automatic tools to download Content.
Content in the Services
All materials displayed or performed on Samebug, including, but not limited to trademarks, service marks, and trade names, text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of Samebug and/or third parties and are protected by law.
Subscriber may download or copy the Content, and other items displayed on Samebug for download, only for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content. Subscriber may not in any other way copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content or Services.
Any other downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Samebug, or from the copyright holder identified in such Content’s copyright notice.
Subscriber agrees that all Subscriber Content that Subscriber contributes to Samebug is perpetually and irrevocably licensed to Samebug under the Creative Commons Attribution Share Alike license. Subscriber grants Samebug the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so in any medium now known or hereinafter developed in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by Subscriber. Subscriber warrants, represents and agrees Subscriber has the right to grant Samebug the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. Samebug reserves the right to remove any Subscriber Content from the website of Samebug, re-post to the website any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Samebug under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if Samebug is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Services.
Samebug has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Samebug has no control over, and no duty to take any action regarding: which users gains access to the Service; which Content Subscriber accesses using the Services; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. The Content of the Services is provided by and is the responsibility of the user or Subscriber who posted the Content. Samebug does not monitor the Content of the Services and takes no responsibility for such Content. Subscriber releases Samebug from all liability for Subscriber having acquired or not acquired Content through the Services. The Services may contain, or direct Subscriber to websites containing, information that some people may find offensive or inappropriate. Samebug makes no representations concerning any Content contained in or accessed through the Services, and Samebug will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
Although Samebug will make reasonable efforts to store and preserve the Subscriber Content, Samebug is not responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials Subscriber transmits or archives using the Services.
The Services and the Content are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Samebug makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Samebug disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on its website.
Third party websites
Users of the Services may gain access to third party websites on the internet through hypertext or other computer links on the website of Samebug. Third party websites are not within the supervision or control of Samebug. Samebug does not make any representation or warranty whatsoever about any third party website that is linked to the website of Samebug, or endorse the products or services offered on such website.
Registration and security
As a condition to using Services, Subscriber may be required to register with Samebug and select a password and profile name. Subscriber shall provide Samebug with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber’s account. Samebug reserves the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases Samebug from any and all liability concerning such activity. Subscriber agrees to notify Samebug immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password.
Subscriber will indemnify and hold Samebug, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.
Limitation of liability
In no event shall Samebug, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Services, errors or omissions; or (d) damages related to downloading or posting Content.
Either party may terminate this Agreement at any time by notifying the other party by any means. Samebug may also terminate or suspend any and all Services and access to the Services immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber’s account, Subscriber’s right to use the Services and access any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Subscriber’s access to and use of the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Samebug, including without limitation any indemnification obligations contained herein.