Walnut Terms of Service
Welcome to Walnut!
Please, take your time, it won’t take too long, and read the following Terms of Service (“ToS”) which will from now on regulate the relationship between you (“You/User”) and Walnut® (“Walnut”), which is the property of Machinalis S.R.L., regarding the use of the Website.
Once you register and access the Website, you acknowledge and Walnut consider that you have read, understood, and agreed to be bound by the following ToS, so it is for your convenience to read them.
1. Register for an Account
You, as a visitor, can freely visit and review all the features of this
Website, but if You are interested in taking part of Walnut challenges, in
sharing your ideas, algorithms and visualizations, then You must register for
a Walnut account, select your username and a secret password, or through a
supported third party authentication provider.
The only human being that is able to know and share your password is You, so keep it confidential, since You will be solely responsible for all activities that occur under your account or password. If You believe that your account is insecure, due to loss, theft or unauthorized disclosure or use of your account or password, immediately notify Walnut at firstname.lastname@example.org to try to prevent any or more damages, that You will have to compensate for them.
At the registration process Walnut will request some personal data, please provide it as true, accurate, current, and complete as possible, and keep it accurate and up-to-date at all times.
2. Modification of the ToS
Walnut reserves the right, at its discretion, to change, modify, add, or remove portions of the ToS at any time. Once a material change to the ToS is introduced, Walnut will make reasonable efforts to notify You by sending an email to the one You stated at the registration process and/or by posting a notice on the Website. Such amendment to the ToS will be effective against You once You receive the email or after a 30-day period of being posted on the Website. Walnut believes that there will be no dispute, but if there is, it will be resolved taking into account the ToS in place at the time the dispute arose.
3. User Content
Walnut encourages You to post, publish, create, modify and improve computer
codes, notes, questions, comments, ratings, reviews, images, videos and other
audio-visual materials and communications (“User Content”), and of course to
share them and interact with all other Users.
For that nourishing purpose, You hereby grant to Walnut and to each other User a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Please, take into account that you are allowed to post and share content, if and only if You are the creator and owner of the content; or have the corresponding licenses, rights, consents, and permissions to use and to authorize Walnut and Walnut’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these ToS and in the manner contemplated by Walnut and these ToS. Moreover, your User Content does not and will not 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; and the last but not the least, You swear that your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
4. User Content Disclaimer
As You can share your User Content, all other Walnut’s Users can do the same, so it is possible that You are exposed to a variety of User Content which Walnut is not responsible for its accuracy, usefulness, or intellectual property rights. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Walnut with respect thereto. Remember that Walnut does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Walnut expressly disclaims any and all liability in connection with User Content.
5. Walnut Proprietary Rights
Take into account that the Website is owned and operated by Walnut; so the
visual interfaces, graphics, design, compilation, information, computer code
(including source code or object code), software, services, content,
educational videos and exercises, and all other elements of the Website
(“Website Materials”) are the property of Walnut, and therefore, protected by
Argentinean and international copyright, patent, and trademark laws,
international conventions, and other applicable laws governing intellectual
property and proprietary rights. Walnut reserves all rights therein and thereto
not expressly granted by these ToS, except for any User Content provided and
owned by Users.
Walnut grants to Users a non-exclusive, non-transferable right to access and use the Website Materials as Walnut exclusively decided to make them available on the Website solely for your personal, non-commercial purposes. Therefore, You cannot use, distribute or otherwise exploit for any commercial purpose, commercial advantage or private monetary compensation the Website Materials, unless otherwise previously expressly agreed in writing by Walnut.
6. Prohibited Conduct.
Even if it is clear that Walnut Website is intended to promote and share Users and their inventions and ideas in a collaborative manner, Walnut is forced to state which actions are prohibited and will be just cause for forthwith termination. So, YOU AGREE NOT TO:
You are allowed to cancel your account at any time, by sending an e-mail to
Take into account that all your User Content may be deleted from the Service
upon cancellation, at the sole criteria of Walnut.
Walnut, in its sole discretion, for any or no reason, and without penalty, may terminate any account You may have with Walnut or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. If this is the case, Walnut will make a reasonable effort to provide You with a copy of your User Content upon request, unless the account was suspended or terminated due to unlawful conduct. You agree that Walnut will not be liable to You or any third party for any such termination.
You agree to indemnify, defend, and hold harmless Walnut, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Walnut Indemnitees”) from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the ToS, or any breach of the representations, warranties, and covenants made herein by You. Walnut reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Walnut, and You agree to cooperate with Walnut’s defense of these claims. Walnut will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
9. No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS; WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WALNUT, AND ITS AFFILIATES AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WALNUT OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10. Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WALNUT
OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS,
LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT
LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE,
LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY
OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR
RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY
REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH WALNUT, EVEN IF WALNUT OR A
WALNUT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN SUCH CASES, WALNUT’S LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL WALNUT’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT WALNUT HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WALNUT, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WALNUT. WALNUT WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
The failure of Walnut to exercise or enforce any right or provision of the ToS will not constitute a waiver of such right or provision. Any waiver of any provision of the ToS will be effective only if in writing and signed by Walnut.
The ToS will be governed by and construed in accordance with the laws of the Republic of Argentina, without giving effect to any principles of conflicts of law.
For any claim related to the ToS or the Website, excluding claims for injunctive or other equitable relief, either Walnut or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by online or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If any provision of the ToS is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the ToS to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The ToS and any rights and licenses granted hereunder, may not be transferred or assigned by You without Walnut’s prior written consent, but may be assigned by Walnut without consent or any restriction. Any assignment attempted to be made in violation of the ToS shall be null and void.
The Website is hosted in the United States, and the services provided hereunder are offered by Machinalis S.R.L., domicile at: Roque Sáenz Peña 1357, Barrio Cofico, Cordoba, Republic of Argentina, CP 5000 - email@example.com
Walnut is abide by the Personal Data Protection Law of Argentina number 25.326, which states and regulates access, modification and deletion rights of Users, so if You have any request related to the execution of said rights, please do not hesitate to contact us at: walnut‑firstname.lastname@example.org
For your reference, Walnut will only collect the personal information requested at registration to allow Walnut perform its activities. In the event, You do not want to provide your personal data, Walnut will not be able to render the Services.
Walnut does not share your personal information with third parties, unless it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
In the event You cancel your subscription to the Services, Walnut may retain your personal information for a twelve-month period, afterwards it will be deleted, if you do not reactivate your account.
Walnut uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Although Walnut owns the code, databases, and all rights to the Walnut application, You retain all rights to your personal data.