THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF MATHSPLAIN Ltd.’S (“OUR”, “WE”, “COMPANY” OR “MATHSPLAIN”) WEBSITE, SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “CONTENTS”). BY USING ANY OF THE COMPANY CONTENTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON THE "SIGN UP" BUTTON AND DO NOT USE THE COMPANY CONTENTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The Website is owned and operated by Mathsplain Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational materials and exercises, and all other elements of the Website (CONTENTS) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. It is Our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or that of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior written approval.
To use CONTENTS, You will need to register and obtain an account, email address, password, and username(generated automatically, but can be changed ). When You register, the information You provide to us during the registration process will help us in offering content and customer service. The COMPANY cannot and will not be responsible for any loss or damage arising from incorrect or invalid email address.
You are solely responsible for maintaining the confidentiality of Your account, email adress, password, and username (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. We cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account. You may not transfer Your Account to any other person and You may not use anyone else's Account at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
a) Personally Identifiable Information.
Some of the Services require that you become a registered user and create a user account. This will require that you provide certain personally identifiable information, that may include (but not be limited to) your name, e-mail address, as well as telephone and address information.
You allow us to use this personally identifiable information to register you to use the Services, and otherwise provide you with the Services; verify your authority to enter the Site and access the Services; notify you of updates; improve the content and general administration of the Site and the Services; provide you with notices regarding the Services and other services that you have purchased or may wish to purchase in the future.
b) Other information.
We may also automatically collect and analyze site information about your general usage of the site and services. We might track your usage patterns to see what features of the site and services you commonly use, Site traffic volume, frequency of visits, type and time of transactions, type of browser, browser language, IP address and operating system, and statistical information about how you use the Services and Courses. We only collect, track and analyze such site information in an aggregate manner that does not personally identify you. This aggregate data may be used to assist us in operating the Site and the Services.
We recognize the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. This Site is not intended for children under the age of 16 and we endeavor not to collect any personally identifiable information from children under the age of 16. The COMPANY targets its Services and this Site to adults and not to children under 16.
d) Disclosure of Information.
e) Data Retention.
We retain information and the personal data we process on behalf of Users for as long as needed to provide the Services. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements with Users, and/or the period required by laws in applicable jurisdictions.
f) Updating, Correcting and Deleting Your Information; Opt-out.
If you believe that COMPANY has incorrect information that was provided as part of the Services, you may use the Services to correct, amend, or delete that information. You may also contact us by e-mailing. We can only alter information that was initially provided to us.
From time to time, we may send you emails about Course or new or modified Services that we believe might interest you. If you wish to opt-out of receiving these materials, you may follow the unsubscribe procedure provided in the email.
The security of your personal information is important to us. We employs procedural and technological measures to protect your personally identifiable information. These measures are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. We may use software, secure socket layer technology (SSL) encryption, password protection, firewalls, internal restrictions and other security measures to help prevent unauthorized access to your personally identifiable information. However, We cannot guarantee that unauthorized third parties will never be able to defeat these measures or use your personally identifiable information for improper purposes. Therefore, you should be aware that when you voluntarily display or distribute personally identifiable information, that information could be collected and used by others. The COMPANY is not responsible for the unauthorized use by third parties of information.
h) Links to Other Websites.
The Site and Services, may provide links to third party web sites or resources not associated with us and over which we do not have control (“External Web Sites”). Such links do not constitute an endorsement by COMPANY of the External Web Sites, the content displayed therein, or the persons or entities associated therewith. You acknowledge that COMPANY is only providing these links as a convenience, and cannot be responsible for the content of such External Web Sites.
Mathsplain Ltd. may make available on the Website certain educational slides, exercises, and related supplementary materials that are owned by Mathsplain Ltd. We grant to you a non-exclusive, non-transferable right to access and use the CONTENT as made available on the Website solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of CONTENT is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the educational content to any third party. The CONTENT is intended for personal, non-commercial use only. Without limiting the foregoing, the CONTENT may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Mathsplain Ltd. The Company may modify the contents or discontinue their availability at any time.
7. Prohibited Conduct
a) It is prohibited to use the Website for any commercial use or purpose unless expressly permitted by Mathsplain Ltd. in writing, it being understood that the Website and related services are intended for personal, non-commercial use only.
b) It is prohibited to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the CONTENT.
c) It is prohibited to post, upload, or distribute any defamatory, libelous, or inaccurate content.
d) It is prohibited to post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.
e) It is prohibited to delete the copyright or other proprietary rights notices on the Website or on any CONTENT.
f) It is prohibited to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures).
g) It is prohibited to use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
h) It is prohibited to defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent.
i) It is prohibited to remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, CONTENT, or Account, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, CONTENT, or Account.
j) It is prohibited to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
k) It is prohibited to modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by Mathsplain Ltd. herein or to the extent the foregoing restriction is expressly prohibited by applicable law.
l) It is prohibited to intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Contents. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Users of the Products. All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
9. No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MATHSPLAIN, 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 COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT.
COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
10. Limitation of Liability and Damages
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate with such defense and in asserting any available defenses.
Company reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms.