Thank you for using Massematics!
Massematics' products and services are provided by Massematics
Media Inc. These Terms of Service ("Terms") govern your access to and
use of Massematics' website, products, and services ("Products").
Please read these Terms carefully, and contact us if you have any
questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.
1. Using Massematics
a. Who can use Massematics?
You may use our Products only if you can form a binding
contract with Massematics, and only in compliance with these Terms and all
applicable laws. When you create your Massematics account, you must provide us
with accurate and complete information. Any use or access by anyone under the
age of 13 is prohibited. If you open an account on behalf of a company,
organization, or other entity, then (a) "you" includes you and that
entity, and (b) you represent and warrant that you are authorized to grant all
permissions and licenses provided in these Terms and bind the entity to these
Terms, and that you agree to these Terms on the entity's behalf. Some of our
Products may be software that is downloaded to your computer, phone, tablet, or
other device. You agree that we may automatically upgrade those Products, and
these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies (including our Acceptable Usage Policy),
we grant you a limited, non-exclusive, non-transferable, and revocable license
to use our Products.
c. Commercial use of Massematics
If you want to use our Products for commercial purposes you
must create a business account and agree to our Business Terms of Service.
2. Your Content
a. Posting content
Massematics allows you to post (the “Post”) content,
including photos, comments, links, and other materials. Anything that you post
or otherwise make available on our Products is referred to as "User
Content." You retain all rights in, and are solely responsible for, the
User Content you post to Massematics.
b. How Massematics and other users can use your content
You grant Massematics and its users a non-exclusive,
royalty-free, transferable, sub-licensable, worldwide license to use, store,
display, reproduce, re-post, modify, create derivative works, perform, and
distribute your User Content on Massematics solely for the purposes of
operating, developing, providing, and using the Massematics Products. Nothing
in these Terms shall restrict other legal rights Massematics may have to User
Content, for example under other licenses. We reserve the right to remove or
modify User Content for any reason, including User Content that we believe
violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if
you remove any User Content from Massematics, we may retain your User Content
for a commercially reasonable period of time for backup, archival, or audit
purposes. Furthermore, Massematics and its users may retain and continue to
use, store, display, reproduce, re-post, modify, create derivative works,
perform, and distribute any of your User Content that other users have stored
or shared through Massematics.
d. Feedback you provide
We value hearing from our users, and are always interested
in learning about ways we can make Massematics more awesome. 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, Massematics
does not waive any rights to use similar or related Feedback previously known
to Massematics, or developed by its employees, or obtained from sources other
than you
3. Copyright Policy
Massematics has adopted and implemented the Massematics Copyright
Policy in accordance with the Canadian Copyright Act. For more
information, please read our Copyright
Policy.
4. Security
We care about the security of our users. While we work to
protect the security of your content and account, Massematics cannot guarantee
that unauthorized third parties will not be able to defeat our security
measures. Please notify us immediately of any compromise or unauthorized use of
your account.
5. Third-Party Links, Sites, and
Services
Our Products may contain links to third-party websites,
advertisers, services, special offers, or other events or activities that are
not owned or controlled by Massematics. We do not 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 Massematics, you do so at your own risk and you agree that Massematics
will have no liability arising from your use of or access to any third-party
website, service, or content.
6. Termination
Massematics may terminate or suspend this license at any
time, with or without cause or notice to you. Upon termination, you continue to
be bound by Sections 2 and 6-12 of these Terms.
7. Indemnity
If you use our Products for commercial purposes in violation
of Section 1(c), as determined in our sole and absolute discretion, you agree
to indemnify and hold harmless Massematics and its officers, directors,
employees and agents, from and against any claims, suits, proceedings,
disputes, demands, liabilities, damages, losses, costs and expenses, including,
without limitation, reasonable legal and accounting fees (including costs of
defense of claims, suits or proceedings brought by third parties), in any way
related to (a) your access to or use of our Products, (b) your User Content, or
(c) your breach of any of these Terms.
8. Disclaimers
The Products and all included content are provided on an
"as is" basis without warranty of any kind, whether express or
implied.
MASSEMATICS 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.
Massematics takes no responsibility and assumes no liability
for any User Content that you or any other user or third party posts or
transmits using our Products. You understand and agree that you may be exposed
to User Content that is inaccurate, objectionable, inappropriate for children,
or otherwise unsuited to your purpose.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MASSEMATICS SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR
INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES,
RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE
PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS,
INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL MASSEMATICS'S AGGREGATE
LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S.
DOLLARS (U.S. $100.00).
10. Arbitration
For any dispute you have with Massematics, you agree to
first contact us and attempt to resolve the dispute with us
informally. If Massematics has not been able to resolve the dispute with you
informally, we each agree to resolve any claim, dispute, or controversy
(excluding claims for injunctive or other equitable relief) arising out of or
in connection with or relating to these Terms by binding arbitration by the Arbitration
Act of British Columbia. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO
THESE TERMS, YOU AND MASSEMATICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
All matters relating to
your access to or use of the Web site or the Content shall be governed by the
laws of the Province of British Columbia and the laws of Canada,
notwithstanding conflict of laws principles. You agree and hereby submit to the
non-exclusive jurisdiction of the courts of the Province of British Columbia
with respect to all matters relating to your access to and use of the Web site.
12. General Terms
Notification Procedures and changes to these Terms. Massematics
reserves the right to determine the form and means of providing notifications
to you, and you agree to receive legal notices electronically if we so choose.
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 sole discretion, is
material we will notify you. By continuing to access or use the Products after
revisions become effective, you agree to be bound by the revised Terms. If you
do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights
and licenses granted hereunder, may not be transferred or assigned by you, but
may be assigned by Massematics without restriction. Any attempted transfer or
assignment in violation hereof shall be null and void.
Entire Agreement/Severability. These
Terms, together with the Privacy Policy and any amendments and any additional
agreements you may enter into with Massematics in connection with the Products,
shall constitute the entire agreement between you and Massematics concerning
the Products. If any provision of these Terms is deemed invalid, then that
provision will be limited or eliminated to the minimum extent necessary, and
the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of these
Terms shall be deemed a further or continuing waiver of such term or any other
term, and Massematics' failure to assert any right or provision under these
Terms shall not constitute a waiver of such right or provision.