Lab.computer Terms of Use

Terms of Use

Lab.computer is an online IDE offering tool to remove setup hassles from programming classes and make them more interactive. Its grade management system can collect submission, autograde assignments, do plagiarism detection and distribute grades.

The following terms of use (“Terms of Use”) and any documents that they reference are a legally-binding contract between you and Lab.computer. (“Company,” “Lab.computer” “we,” or “us”), and govern your use of our Services. If you are using the Services on behalf of a school or institution (“Institution”) that has a separate written agreement with Lab.computer and there is any inconsistency between that agreement and these Terms of Use, the agreement with your Institution will prevail to the extent of the inconsistency.

Acceptance of our Terms

By accessing or using the site and/or using one or more services, you agree to these terms. These terms are a legal agreement between you and Lab.computer. In addition, by accessing or using the Site and/or using one or more Services, you represent that you are over the age of sixteen (16) years old if residing in the European Union, fourteen (14) years old if residing in Spain or South Korea, or thirteen (13) years old if residing anywhere else (the “Minimum Age”). If your age exceeds the Minimum age but is under the legal age of majority wherever you reside, a parent or legal guardian of yours must consent to these Terms and our Privacy Policy. In addition, this same parent or legal guardian must affirm that he or she accepts these terms on behalf of, as well as bear all legal and financial responsibility and liability for the actions of, the child accessing the Site and/or using one or more Services whose age falls between the Minimum Age and majority. This same parent or legal guardian must expressly ratify and confirm any acts of the child and all users of the account corresponding to the child.

Acceptance of our Terms

We are constantly changing and improving our Services. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We may add or remove functionalities or features, and we may suspend or stop the Services altogether at our sole discretion, including, for example, if you do not comply with these Terms of Use or if, in our opinion, you have violated any provision of these Terms of Use.

We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

We have created a selection of free and paid membership plans providing a variety of features for students, teachers, schools and districts. You may learn more about the Plans here.

While access to and use of some of the Services is free, in the future, we may change our pricing structure, or may offer new or additional special features, which we may charge for. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.

Website security and privacy

Please read our Privacy Policy (https://lab.computer/privacy), which explains how we treat your personal information. By using our Services, you agree that we can use such data in accordance with our Privacy Policy.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat this information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use https://lab.computer/privacy of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Lab.computer technology and intellectual property rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the Website), are owned by Lab.computer, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except that you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any of our Services. You will not access the Services to build a product using similar ideas, features, functions, interface, or graphics of the Services. You must not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Lab.computer. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Your use of our Website does not grant you ownership rights of any kind in our Website.

User-generated content

You own the content, code, and activities you post on Lab.computer. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.

You own the content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to. You do not have the right to share solution code to Lab.computer problems.

Your representations and warranties

You also represent, warrant and agree that you possess all rights necessary to provide your User Contributions and grant us the rights in these Terms of Use.

  1. infringes these Terms of Use

  2. infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; violates any international, federal, state or local law, statute, ordinance or regulation or which would render Lab.computer in violation of any applicable laws or regulations, including the Children’s Online Privacy Protection Act (COPPA) and FERPA

  3. is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or

  4. jeopardizes the security of your account in any way, such as allowing someone else access to your account or password.

Acceptable use and conduct

We want Lab.computer to be a safe and respectful environment for all of our users. When you use our Services, you must comply with these Terms of Use, including all of these requirements for acceptable use and conduct.

You must not:

  1. use the Services in a way that violates any federal, state, local, or international law or regulation (including COPPA and FERPA and any laws about the export of data or software to and from the US or other countries).

  2. make any User Contributions that contain material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  3. use the Services in a way that could promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  4. infringe any patent, trademark, trade secret, copyright or other intellectual property, or other rights of any other person.

  5. post or share answers to Lab.computer assignments or activities on any external website, online forum, social media platform, or other publicly-accessible electronic means.

  6. promote any illegal activity, or advocate, promote or assist any unlawful act.

  7. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  8. impersonate any person, or misrepresent your identity or affiliation with any person or organization, or use manipulated identifiers in order to disguise the origin on any content transmitted to or through the Services.

  9. transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

  10. use the Services for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  11. send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

  12. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Lab.computer or users of the Website or expose them to liability.

Additionally, you agree not to:

  1. use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  2. use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying users’ content or information, or any of the material on the Website.

  3. use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  4. use any device, software or routine that interferes with the proper working of the Website.

  5. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  6. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

  7. attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  8. Otherwise attempt to interfere with the proper working of the Website.

If we believe that you have violated any of the above, or any other part of these Terms of Use, we may terminate your right to access or use the Services or take any other action that we, in our sole discretion, deem necessary or appropriate. We may take appropriate legal action, including referral to law enforcement and cooperating with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Links from the Website

If the Website (including User Contributions) contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic location

We are based in the United States, and data is stored on data servers in the United States. By using this Website, you consent to your data being transferred to and processed in the United States. The Website and its content may not be accessible or appropriate outside of the United States.

Additional terms by user type

These Terms of Use apply to all users of our Services, but there are special additional terms for you depending on what type of user you are. You may not sign up for or use the Services as someone you are not; Lab.computer may disable or terminate your account if you do so.

You understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without consent and you understand that we will not let children under the age of 13 use the Services.

You also understand and acknowledge that you must comply with FERPA, including the obligations outlined below.

FERPA

This section applies only to those Users who access the Services in connection with classes offered by an educational agency or institution (the "School") that is subject to the Family Educational Rights and Privacy Act (“FERPA”). If you are a School or School representative, Lab.computer acknowledges that School data may include personally identifiable information from education records that are subject to FERPA (“FERPA Records”). To the extent that Lab.computer receives FERPA Records in providing the Service, you agree Lab.computer functions as a “school official” as defined in 34 CFR § 99.31(a)(1)(i). Both parties agree to protect personally identifiable information from education records in accordance with FERPA and any applicable School policy. The limitations set forth in this section shall not apply to information which Lab.computer receives pursuant to consent of student User’s parent or guardian or a student User who is at least 18 years of age or the age of majority in such User’s jurisdiction of residence. To the extent permitted by law, nothing contained herein shall be construed as precluding either party from releasing such information to the other so that each can perform its respective responsibilities. The School shall advise Lab.computer whenever any students have provided consent to release information to an extent broader than as provided for by FERPA or any applicable School policy.

The Service is not a part of or endorsed by the School. If you create a class, you represent and warrant that the School associated with or created for such class is valid and that you are validly affiliated with the School.

Important disclaimers

EXCEPT AS MAY BE OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. IN ADDITION TO THE DISCLAIMERS ABOVE, Lab.computer DOES NOT REPRESENT OR WARRANT THAT SERVICES, PRODUCTS, OR DOCUMENTATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICES OR ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT THE NATURE OF INTERNET-BASED SERVICE DELIVERY IS SUCH THAT CONFIDENTIALITY AND PERFORMANCE CANNOT BE COMPLETED ASSURED. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS, USE, CORRUPTION OR LOSS OF ANY OF CUSTOMER DATA, EXCEPT TO THE EXTENT THAT SUCH UNAUTHORIZED ACCESS, USE, CORRUPTION, OR LOSS IS DUE SOLELY TO OUR GROSS NEGLIGENCE OR MISCONDUCT.

Lab.computer is not responsible or liable for any user content hosted on the Site or in connection with our Services. We do not control and are not responsible for what you or other users of the Site host, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site conduct.

The Site and our Services may be temporarily unavailable from time to time for maintenance or other reasons. lab.computer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, data loss, theft or destruction or unauthorized access to, or alteration of, any communications. Lab.computer is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or the Service.

Indemnity

You agree to defend, indemnify and hold harmless Lab.computer, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Lab.computer Site or Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of Your Information caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Lab.computer Site. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Lab.computer and its affiliates, officers, directors, employees and agents.

Limitations of liability

Lab.computer shall have no liability for any loss, damage, or injury resulting from your or any third parties’ negligence, lack of training, use or misuse, or misapplication of any Product or Service.

You agree to indemnify, defend, and hold harmless Lab.computer and its employees from any claims, damages and actions of any kind or nature arising from or caused by the use or misuse of any Service.

Mediation and arbitration

You and Lab.computer agree that any dispute or claim arising out of or relating to these Terms of Use (any “Claim”), will first be subject to mandatory, confidential mediation. The mediation process will be initiated and conducted through the rules of the American Arbitration Association or through JAMS, and shall take place in San Francisco, California. In the event the mediation is not successful, the Claim shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction, provided that each party will have a right to seek injunctive or other equitable relief in a court of law. The prevailing party will be entitled to receive from the non-prevailing party all costs, damages and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in connection with that action or proceeding, whether or not the controversy is reduced to judgment or award. You and Lab.computer consent to the arbitration in the State of California in the city and county of San Francisco, California. The arbitration, and any results of the arbitration, shall be strictly confidential. Judgment may be entered in any court with competent jurisdiction. You and Lab.computer acknowledge that we are each waiving our right to have a jury or court decide the Claim, and that we are each waiving our right to appeal any judgment made by the arbitrator.

YOU AND Lab.computer EACH WAIVE OUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS (INCLUDING NEGLIGENCE), BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

Miscellaneous

These Terms of Use shall be interpreted, governed and construed by the laws of the State of Delaware without regard to your actual state or country of incorporation or residence.

Any attempt to assign the rights and obligations in these Terms of Use, in whole or part, in contravention of this Section, shall be void. These Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns. Any failure by either party to enforce the other party's strict performance of any provision of these Terms of Use will not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms of use.

These Terms of Use will remain in full force and effect while you use the Services. Any terms that by their nature survive termination or expiration of this agreement, will survive. Nothing in this Agreement is intended to violate any law, rule or regulation. In the event that any terms or provisions of these Terms of Use are declared invalid or unenforceable by any Court of competent jurisdiction or any Federal, State or local government agency having jurisdiction over the subject matter of these Terms of Use, then (i) the remaining terms and provisions that are not affected thereby shall remain in full force and effect and (ii) the parties will promptly meet to negotiate substitute terms and provisions for those declared invalid.

Changes to the Terms of Use

We may change these Terms of Use from time to time. We will post any changes we make on this page with a notice on the Website’s homepage that the Terms of Use have been updated. If we make material changes, we will email you at the email address associated with your account.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Questions?

To ask questions or comment on these Terms of Use, the Privacy Policy or our privacy practices, contact us at info@lab.computer.