Article 1 (Purpose)
- This “TheCodeMarket Agreement” (this “Agreement”) shall provide for the service to be provided by Thecodemarket.
Article 2 (Definition)
- Contributor: User that has entered into the User Contribution Agreement.
- Website: Website named TheCodemarket operated by (URL:, including internet website under the said URL. When changes the said URL, changed URL.)
- Service: The service which provides for User through this Website.
- User: An individual, a corporation (juristic person) or an association who/which uses this Service after agreeing to this Agreement.
- User Contribution Agreement: An agreement which is established when User makes an offer of contribution of specific source code and accepts the offer.
- User Registration: Registration of Registration Information and Settlement Information by User in “the new registration screen” of this Website.
- User Contractor: User who concluded the User Use Agreement.
Article 3 (Application of this Agreement/ Revision)
- This Agreement shall apply to and User, in relation to use of this Website and this Service.
- If it finds it to be necessary, revise this Agreement and add new provisions without any prior notice to User.
- Revision of this Agreement or addition of new provisions under the preceding paragraph, shall come into effect at that time when the revised Agreement or the amended Agreement with added new provisions is published on this Website. After that, the revised Agreement or the amended Agreement with added new provisions shall apply.
Section 2 User Registration
Article 4
- User to conclude User Contribution Agreement or User Use Agreement in relation to this Service, shall register its name, e-mail address, user name, phone number, account number to be paid and any other information which required (“Registration Information”) and information necessary for settlement (in case where User would like to pay by credit card, type of credit card, credit card number, expiration date, etc., “Settlement Information”) on “the new registration screen” of this Website.
- All minors are required to obtain consent from their legal parent when registering on TheCodeMarket, as prescribed in the preceding paragraph.
- User warrants that Registration Information and Settlement Information are its own information, and that they are not false or wrongful, and is in fact true and accurate.
- In the event User suffered damages due to incorrect Registration Information or Settlement Information, shall not be liable to User. In the event suffered damages due to registration of false or wrongful information by User, User shall compensate for damages.
Article 5 (Change of Registration Information, etc. /Additional registration)
- If there are changes in Registration Information or Settlement Information, User shall immediately notify of the changed matters, in such manner as may be prescribed .
- Even if the notice from has not arrived because User has failed to notify under the preceding paragraph, it shall be deemed to have arrived at the time when the notice should have normally arrived. shall not be liable to User for damages suffered by User in this case.
- If deemed it necessary, User shall additionally register Registration Information and Settlement Information.
- shall not be responsible for any damage to User or a third party due to the change or additional registration of the registration information or payment information by User against clause 1 to 3.
Article 6 (Management of password and user name)
- User shall not lend, assign, change the name of, sell or purchase a password and a user name distributed at the time of User Registration. If confirms that a password and a user name are matched, deems that User who has the password and the user name used this Service.
- User shall be responsible for damages arising from insufficient management of its password or user name, misuse or use by a third party, etc., shall not be responsible for them.
- When use of a password or a user name by a third party due to theft, etc., has been identified, User shall notify thereof and follow the instructions given by. shall not be responsible for any damage due to the delay in notification by User or User’s failure to follow instructions.
Article 7 (Special Discounts)
- may offer special promotions and special discounts (“Special Discounts”) on the sale of Packages for a period of time we designate at our discretion.
- Notwithstanding the provisions of Article 7.2 and 7, if Special Discounts is offered, Contributor agrees that license fee and User Contribution Consideration will be subject to the discount rate separately specified .
- Contributor may exclude Source Code from the Special Discounts by contacting the following:
Section 4 User Use Agreement
Article 8 (Conclusion of an agreement)
- When User inputs the settlement confidential information (such as a password, user name, credit card number, etc.) in the “settlement screen,” User Use Agreement concerning the said Source Code is deemed to be concluded between and the said User.
- We shall license User Contractor to use Source Code subject to the conditions set out in the following article.
- User Contractor shall pay fee set out in the Website using payment means and payment method set out in the Website upon conclusion of User Use Agreement.
- User Contractor shall not have the right to withdraw an offer of or terminate User Use Agreement.
- User may request a refund of the said license fee from us in accordance with the provisions of the “The Code Market Refund Policy” accessed through the link below.
- When User inputs the settlement confidential information (such as a password, user name, credit card number, etc.) in the “settlement screen,” User Use Agreement concerning the said Source Code is deemed to be concluded between and the said User.
- User Contractor shall not have the right to withdraw an offer of or terminate User Use Agreement.
Article 9 (Intellectual Property Rights)
- Any and all ownership and intellectual property rights in relation to Service shall belong to licensors that granted the licenses. No rights shall be transferred to User Contractor by license of the Source Code granted under the User Use Agreement.
- Some trademarks, logos and service marks, etc. (collectively, “Trademarks, etc.,”) may be displayed in this Service. These displays shall not transfer or license any Trademarks, etc., to User or any other third party.
Section 3 Prohibited Activities, etc.
Article 10 (Prohibited Activities, etc.)
- In using Service, User shall avoid any act that falls under any of the following items
- An act that violates laws or regulations, an act that promotes violation of laws and regulations, or an act which may violate or promote violation;
- Infringement of intellectual property rights, portrait rights, privacy rights, honor, and any other rights or benefits of, other User and any other third party;
- To store or transmit information including computer virus and other harmful computer program;
- To transmit junk mail, spam, chain mail, or annoying messages for the purpose of solicitation or advertisement, etc.;
- An act of applying an excessive burden to system, such as contribution, etc., of a large amount of data at once;
- An act which may cause damages to, such as unauthorized access of the whole system connected to Service;
- Spoofing of, other User or a third party;
- To allow access to Service directly or indirectly, or to use Service, in such a manner that User can overcome contractual restrictions on use;
- An act which obstructs the operation of Service, or an act deemed by which may obstruct Service;
- (10)To access this Service to generate conflicted source code or service; or
- (11)Use of the Source Code for undertaking machine leaning (including deep learning and neural network training for the development and learning of models for machine learning) or other information analysis;
- (12)Output or use of any source code from machine learning model with the Source Code input;
- (13)Other acts which deems inappropriate.
- User warrants that User shall not infringe the intellectual property right or any other rights of or a third party. If a dispute concerning infringement of the intellectual property right or any other rights of or a third party arises, User shall immediately notify in writing, and shall settle the dispute at its own costs and its own responsibility, and shall not make bear the cost for settlement or damage.
- may terminate User Contribution Agreement and/or User Use Agreement without any notice , if deems that User violates any of the preceding paragraph in this Article.
Section 7 General Clause
Article 11 (Change, suspension, addition and discontinuation, etc.)
- may change, discontinue, and suspend the provision or operation of all or part of Service. In this case, shall notify User of it in a manner whichdeems appropriate. Provided, however, that may not notify User of it in case of emergency.
- We may temporarily suspend all or part of Service without prior notice, in any of the following matters occurs:
- In case where routine or emergency maintenance and repair of the equipment such as hardware, software and communication apparatus, etc., are performed;
- In case where telecommunications carriers’ service is not available;
- In case where cannot provide Service due to force majeure such as natural disaster;
- In case where cannot provide Service due to fire, blackout, any other unexpected accident;
- In case where cannot provide Service due to war, riot, labor dispute etc.; or
- In other cases (similar thereto listed in the preceding items) where deemed it necessary.
- We shall not be responsible for any damage to User due to the change, discontinue, and suspend the provision or operation of all or part of Service in accordance with this article, except in cases the damage is attributable to.
Article 12 (Exclusion of Anti-Social Forces)
- We may terminate User Contribution Agreement or User Use Agreement without any notice, if User has been proven to fall under any of the following ― an organized crime group, a member of an organized crime group, a person who was a member of an organized crime group within the past 5 years, an associate member of an organized crime group, a company affiliated with an organized crime group, racketeer groups (so-called sokaiya), etc., groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes or any other person or group equivalent to the above (collectively, “ASF”).
- We may terminate User Contribution Agreement or User Use Agreement without any notice (saikoku), when it was proved that User had a relationship with ASF which falls under any one of the following items:
- In the case where it is deemed that ASF controls User’s management;
- In the case where it is deemed that ASF substantially involves User’s management;
- In the case where it is deemed that User uses ASF to gain unjustifiable profit for itself, its company or a third party, or to cause damage to a third party;
- In case where it is deemed that User has an involvement (such as funding, provision of convenience, etc.) with ASF; or
- In any other cases where its officer, etc., or a person who is substantially involved in its management has a socially condemnable relationship with the ASF.
- We may terminate User Contribution Agreement or User Use Agreement without any notice (saikoku), when User engaged in any act which falls under any one of the following items:
- Making violent demands;
- Making unreasonable demands that go beyond the limits of legal liability;
- Threatening behavior or using violence;
- An act which damages the credit or obstructs the business of by spreading false rumors or by the use of fraudulent means or force; or
- Other acts similar thereto listed in the preceding items.
- After User terminated the User Contribution Agreement or User Use Agreement, even if User suffered damages, does not have to compensate or indemnify User for them suffered damages caused by termination, User shall compensate OA for damages.
Article 13 (Compensation for damages)
- User shall compensate for all damages (including indirect damages), if User cause damages to by violation of this Agreement, including the representations and warranties set forth or in connection with the use of this Service.
- shall compensate User for only direct and ordinary damages due to default of this Agreement, User Contribution Agreement or User Use Agreement (excluding damage caused by reasons not attributable to) .We shall not compensate User for damages (i) above the sum of five times license fee of Source Code described in User Use Agreement, in the case of damages in connection with User Contribution Agreement, (ii) above the amount of fee which User Contractor paid in concluding User Use Agreement, in the case of damages in connection with User Use Agreement.
- If User causes damage to a third party in relation to the use of Service, User shall be responsible for compensating for the damage, andwe shall not be responsible for the damage.
Article 14 (Deal with personal information)
- We shall properly deal with (i) the matters registered by User at the User Registration and (ii) Registration Information, Settlement Information and any other information concerning User which falls under personal information in accordance with “Privacy Policy” established by us separately. User shall consent to deal with Personal information in accordance with “Privacy Policy.”
- We may entrust to an entrustee dealing with personal information in accordance with “Privacy Policy” within a necessary range.
Article 15 (Assignment, etc.)
- User shall not assign (including succeed due to merger, company split, etc.) to a third party or pledge, (i) the position to User Contribution Agreement or User Use Agreement, or (ii)all or part of its rights under this Agreement without prior written approval .
Article 16 (Separation)
- In case any provision of the Agreement or a part thereof is held to be invalid or unenforceable under any laws and regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
Article 17 (Dispute with a third party)
- In the event any dispute, etc., arises between User and a third party over contribution or use of Source Code, we shall not be obligated to settle the said dispute, etc., and User, at its own cost and on its own responsibility, shall settle the said dispute. If voluntary makes an effort to settle the said dispute, etc., shall not be obligated to settle the said dispute, etc., or to continue to make efforts to settle it.
Article 18 (Governing Law and Court having Jurisdiction)
This Agreement shall be governed under the laws of Spain. All disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of Spain