- Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACTIVATING YOUR MATHALICIOUS ACCOUNT.
By creating an account or subscribing to Mathalicious, you agree to the terms and conditions of use set forth below. By reading the conditions of use set forth below, you do something that almost no human on the planet ever does. Kudos.
This Agreement is a legal document that governs the terms and conditions of your subscription to Mathalicious. Please [continue to] read this Agreement carefully. By activating your account, you acknowledge your agreement with these terms and conditions, as such terms and conditions may be amended from time to time. You are also agreeing to accept a non-exclusive, non-assignable right and license to use Mathalicious. Mathalicious reserves the right to change these terms and conditions at any time. Mathalicious is offered and sold on a subscription basis; however certain areas are available to visitors without cost on a trial or demonstration basis. These Terms & Conditions, for instance.
REGISTERING AND USING MATHALICIOUS
As part of the registration process, each User will select a password and user name (“username”). You agree to provide us with accurate, complete, and updated Account information. Of course, we recognize the existence of so-called “nick” names and will do our best to be flexible in our enforcement of this policy. For instance, if your name is David and you go by “Dave,” that’s cool. However, if your name is David and you go by “D-Funk,” that’s less cool, unless you’re a funkadelic hip-hop artist, in which case that’s super-cool. Failure to accurately represent yourself will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the Account. You may not (a) select or use a username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a username that we, in our sole discretion, deem inappropriate or offensive. Usernames that are funny, witty or demonstrate a unique insight into the human condition are strongly encouraged, however.
You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you. In order to use the Website, you need to obtain a pass code (consisting of a username and a password. Pass codes are issued only to individual subscribers and learning institutions or teachers (collectively, “Users”) who have registered. Pass codes that have been issued to learning institutions or teachers may not be shared. They may only be used by the administrators, teachers and students to whom they are assigned.
USING YOUR ACCOUNT
All Users are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of, and complies with, the terms of this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member. You will notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, Member’s password or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us.
If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify us of the problem by sending an email to support@Mathalicious.com.
Browsers, Equipment and Accessibility:
Users are solely responsible for obtaining and maintaining equipment and software, including without limitation operating system and browser software, that conforms to Mathalicious’ specifications in effect, as revised from time to time, in order to connect to, communicate with and use the Mathalicious website.
Mathalicious shall use commercially reasonable efforts to maintain the accessibility of the Website at all times, but may discontinue some or all of the Website features or services at any time, with or without notice, in order to perform hardware or software maintenance and/or upgrades or problem resolution. Additionally, to the extent that use of the Website is prevented, hindered, delayed or made impracticable by reason of force majeure (including any cause that cannot be overcome by reasonable diligence and without unreasonable expense) or due to Mathalicious’ compliance with its commercially reasonable standard operating procedures or with any laws, rules, policies, practices or regulations of any industry association or organization, or any jurisdiction or governmental authority, Mathalicious and its affiliates will be excused from such delay or performance.
Use of the Website is subject to the requirements, rules, regulations, operations and procedures of any relevant public communications authorities and/or private communications carriers. Mathalicious (and its affiliates) shall not be liable for any losses, costs, liabilities, damages, expenses and/or claims arising from or relating to the delay, alteration or interruption of telecommunications between Users and Mathalicious caused by the failure for any reason of any communications facilities which User or Mathalicious (or any of affiliate) has contracted from any public communications authority or private communications carrier
- All subscriptions must be pre-paid. Annual subscriptions are non-recurring by default. Monthly subscriptions are recurring by default.
- Payment Options: You must pay in US Dollars via Purchase Order, Credit Card, check or money order or wire transfer.
- Purchase Orders (US Residents Only): Mail (payable to Mathalicious) to Mathalicious, 112 Fourth Street NE, Charlottesville, VA 22902 or FAX to (866) 411-8185.
- Credit Card Billing: Mathalicious will bill your designated credit card and is subject to any restrictions imposed by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to Mathalicious for any reason, including charge back, Mathalicious reserves the right to either suspend or terminate your access and account, thereby terminating this Agreement and all obligations of Mathalicious hereunder, and thereafter to collect any amount due.
- Checks or Money Orders: Mail (payable to Mathalicious) to Mathalicious, 112 Fourth Street NE, Charlottesville, VA 22902.
- Wire Transfers: Call (530) 723-6189 or e-mail holler@Mathalicious.com for more information.
- Revision of Subscription Fees. Mathalicious reserves the right to change the amount of, or basis for determining, any fees or charges for the Mathalicious service, and to institute new fees or charges effective upon prior notice, by posting such changes on the Mathalicious site, and by sending e-mails to Users.
- Account Termination. Purchasers may terminate accounts at any time by sending a signed request to Mathalicious via e-mail to holler@Mathalicious.com, fax to (866) 411.8185 or mail to Mathalicious, 112 Fourth Street NE, Charlottesville, VA 22902. Purchasers understand and agree that cancellation of accounts is their sole right and remedy with respect to any dispute with Mathalicious. Mathalicious also reserves the right, at its discretion, to immediately, without notice, suspend or terminate subscriptions and/or ability to access Mathalicious, specific sections of Mathalicious or any other Mathalicious website.
Billing Security. All communication between our servers, the acquiring bank, and the issuing bank are encrypted to assure server authenticity and invulnerability to man-in-the-middle attacks.
ADMINISTERING THE SERVICE
Mathalicious may change, modify, suspend, or discontinue any aspect of the Website at any time, including, without limitation, access policies, the availability of any Website feature, hours of availability, content, data, or software or equipment needed to access the Website. We may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. We reserve the right to change prospectively the amount of, or basis for determining, any fees or charges for the Website, and to institute new fees or charges for access to portions of the Website effective upon prior notice to Users by posting such changes on its web site or by sending e-mails to Users. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
We may, from time to time, have special events, software or content available on the Service, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you or any User uses or accesses such special events, software or other content, such additional terms and conditions will be binding.
We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this Agreement at any time. We will post notification of any such changes on the Service, or give notice of them to you via e-mail, postal mail or by pop-up screen, at our sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate your Account. The continued use of the Service by you following your receiving a notice of changes to this Agreement will mean you accept any and all such changes.
POSTING MATERIAL BY USERS
Mathalicious may permit its Users to post materials on the Website. Users shall not upload to, distribute through or otherwise publish, via e-mail, message boards or otherwise, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute a criminal offense, violate the rights of any third party, or that would give rise to liability or violate any law. Mathalicious reserves the right to suspend or terminate any screen name it reasonably believes is being used by an adult, is being used for commercial purposes, or is otherwise in violation of this Agreement.
By uploading materials to any message boards, lesson plans or other posting areas, or otherwise submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate or create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the World. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
USE OF MATERIALS & RESTRICTIONS
Permitted Use: You have our permission to print a reasonable number of copies of Mathalicious content displayed on the Website for noncommercial personal or classroom use, provided that any copies you print continue to show all notices concerning copyright, trademark and other proprietary rights that appear in the material you reproduce.
Prohibited Uses: Except as expressly permitted by copyright law and except as permitted in the preceding paragraph, you must obtain written permission from Mathalicious, or the third-party owner of material appearing on the Website, for any other copying, redistributing or publishing of any Mathalicious or “Third Party Content.” The downloading to a server or personal computer of Mathalicious or Third Party Content displayed on the Website and the downloading of any code from the Website is strictly prohibited. However, in the course of normal teaching duties registered users may download to their personal computers student handouts, lesson guides and other materials made available through an individual membership, but may not distribute these.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of the Mathalicious or Third Party Content, in whole or in part, for commercial purposes without the express permission of Mathalicious.
Linking to and framing the Website: You may create and publish links to the Mathalicious.com homepage at http://www.Mathalicious.com/. Creating and publishing links to any other pages within the Website (except bookmarking such pages for your personal noncommercial use) is not permitted. Framing the Website is strictly prohibited.
Additional Restrictions: You may not: (a) access the Website by any means other than a standard web browser having support for secure and encrypted communications, such as Netscape Navigator or Microsoft Internet Explorer; (b) copy, reverse engineer, disassemble, decompile, translate, or modify any Website application or service;(c) sublicense, rent, lease, or permit any third party, to access any Website application or service through the use of User’s password, except as permitted hereunder; (d) publish the results of benchmark tests of any Website application or service, or use any Website application in any manner which is competitive with services provided by Mathalicious; and (e) knowingly use or permit any others to use any facilities or services of Mathalicious or its Licensors in connection with any effort that the User knows seeks to breach the security or confidentiality of any other digital or on-line environment.
Users understand that except for Mathalicious Content, Mathalicious does not control, provide, operate, and is not responsible for, any content, goods or services available on the Internet other than the Mathalicious Content on the Website. Internet content made accessible on the Internet by independent third parties is not part of, and is not controlled by, Mathalicious. Mathalicious neither endorses nor is responsible for the accuracy or reliability of such Internet content, goods or services.
Users should be aware that the Internet contains content, goods and services that you may find obscene, improper, hurtful or otherwise offensive and that may not be suitable for certain users of the Website. Because of the nature of the Internet, we cannot control where children may go while using the Website. Parents, guardians or teachers should supervise children when using the Website and the Internet at all times.
Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws.
In the event you download software from Mathalicious, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the “Software”), are licensed to you by Mathalicious. Mathalicious, or our contract partners, does not transfer title to the Software to you. Mathalicious, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
If you send us creative suggestions, ideas, notes, stories, messages, narratives, drawings, concepts, or other information or content (“Submissions”), the Submissions will be deemed, and shall remain, the sole and exclusive property of Mathalicious, and Mathalicious will be entitled to the unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. None of the Submissions shall be subject to any obligation of confidence on the part of Mathalicious, and Mathalicious shall not be liable for any use or disclosure of any Submissions. Without limiting the generality of the foregoing, Mathalicious shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the World, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
All content and other materials published or otherwise made available through Mathalicious are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Mathalicious disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, absence of viruses, or accuracy or completeness of responses, of results, and lack of negligence or lack of workmanlike effort. Mathalicious does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Mathalicious or the servers that make it available are or will be free of viruses or other harmful components. Mathalicious does not warrant or make any representations regarding the use or the results of the use of the materials on Mathalicious in terms of their correctness, accuracy, reliability or otherwise. Also, there is no warranty of condition of title, quiet enjoyment, quiet possession, and correspondence to description or non-infringement. No oral or written information or advice given by Mathalicious, or its representatives, shall create a warranty or in any way increase the scope of this warranty. Users assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, shall Mathalicious be liable for any special, direct, indirect, or consequential damages that result from the use of, or the inability to use, the materials on Mathalicious, even if Mathalicious or its authorized representatives has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Mathalicious’ total liability to you for all damages, losses, and causes of action, whether in contract, negligence, tort or otherwise exceed the amount paid by you, if any, for accessing Mathalicious.
LINKS TO THIRD PARTY SITES
Mathalicious may contain links to other websites operated by parties that are not affiliated with it. These links will let you leave Mathalicious to visit websites not under Mathalicious’ control. Mathalicious is not responsible for the contents of any linked website or any link contained in a linked website. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked site by Mathalicious.
Mathalicious makes no representation that materials on Mathalicious are appropriate or available for use in all locations. Those who choose to access Mathalicious do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from Mathalicious is further subject to United States export controls. No software from Mathalicious may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TRADEMARK AND COPYRIGHT NOTICES
Copyright© 2011 Mathalicious. All rights reserved. Mathalicious and all other logos, names and services on the Mathalicious.com website are trademarks of Mathalicious. Outside of the Mathalicious.com website, the word “Mathalicious” is a trademarks of Mathalicious. Other trademarks and names are the property of their respective owners.
REMEDIES FOR BREACH
In the event that Mathalicious determines, in its sole discretion, that a User has breached any portion of these terms and conditions, or has otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn the User via e-mail that she or he has violated this Agreement; (ii) delete any content provided by the User (or anyone accessing User’s account); (iii) discontinue the User’s account and/or any other Mathalicious service; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action that Mathalicious deems appropriate.
In the event any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Mathalicious may assign its rights and obligations under this Agreement and upon such assignment Mathalicious may be relieved of any further obligation hereunder. You represent to Mathalicious that you have the authority to subscribe to and/or use Mathalicious according to the terms and conditions of this Agreement.
By using and/or subscribing to the Service, you hereby acknowledge that you have read and understand the foregoing Agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof. You further specifically permit Mathalicious to use the email entered during the registration process to deliver support, sales, and product information related to your trial or paid subscription.
If you have any questions about this Agreement, please email us at: holler@Mathalicious.com