Terms and Conditions
Thank you for using MathMatize!
MathMatize is a tool to help you (as a “Student”) learn math and track your progess. To do that we need to be able to identify you and your activity on our Service.
In addition MathMatize is a tool to help “Organizers” (for example teachers, professors, or instructors) create a “Classroom” for their Students to join and in which they can deliver math resources they deem relevant to the Students and if Organizers choose to, monitor their Students activity and interactions with the Service. To do this Organizers need to be able to identify the Students in their Classroom and see how they are interacting with the Service.
Who can use MathMatize
You may use MathMatize only if you can legally form a binding contract with MathMatize, and only in compliance with these Terms and all applicable laws. Any use or access by anyone under the age of 13 is not allowed. You may only use MathMatize if you are over the age at which you can provide consent to data processing under the laws of your country.
Our License to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.
YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY EXERCISES OR PHOTOS THAT YOU UPLOAD TO THE SITE.
At a High Level. The Service lets you author exercises as written text, upload and post photos, images, web links, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
Limited License to Us
You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your User Content and your User Content will be made available to the public for their use without providing you attribution or compensation.
Representations and Warranties
You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that:
- You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section: Your Content; and
- Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.
There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.
Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make MathMatize better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission (through on site submission or email), MathMatize doesn’t waive any rights to use similar or related feedback previously known to MathMatize, or developed by its employees, or obtained from sources other than you.
MathMatize adheres to the Digital Millennium Copyright Act (the “DMCA”), which requires that online service providers such as MathMatize have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.
We care about the security of our users. While we work to protect the security of your content and account, MathMatize can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
Third Party Links, Sites and Services
MathMatize may contain links to third party websites, services, special offers, or other events or activities that are not owned or controlled by MathMatize. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from MathMatize, you do so at your own risk and you agree that MathMatize has no liability arising from your use of or access to any third party website, service, or content.
MathMatize may terminate or suspend your right to access or use MathMatize for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.
You will indemnify and hold MathMatize, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Our Service and all content on MathMatize is provided on an "as is" basis without warranty of any kind, whether express or implied.
MathMatize specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MATHMATIZE OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO MATHMATIZE HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND MATHMATIZE REASONABLE CONTROL. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of Law and Arbitration
As the offices of MathMatize reside in Ontario, this Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treated in all respects as an Ontario contract. The parties to this Agreement hereby irrevocably and unconditionally attorn to the [exclusive or non‐exclusive] jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
Notification procedures and changes to these terms
We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use MathMatize after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using MathMatize.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MathMatize without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MathMatize’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These terms are a contract between you and 11121758 CANADA INC (operating as MathMatize)