4. Access and Use of the Math Antics Content
You must be at least 13 years of age to create an account on the Site.
If you are under 13 years of age, you must have your parent's permission to visit or use the Site.Your License.
Math Plus Motion is pleased to grant you a non-exclusive limited license to use the Content, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.The Content.
You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not stream capture, reproduce, duplicate, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Math Plus Motion in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills.Ownership.
You agree that Math Plus Motion owns and retains all rights to the Content. The Math Plus Motion Content is protected by copyright, trademark, and other intellectual property laws.Your Responsibilities.
In order for us to keep the Math Plus Motion Content available for everyone to use, you must use the Site for lawful, non-commercial and appropriate purposes only. You agree that you will not access the Math Antics Site or use the Math Plus Motion Content in a way that:
- involves accessing the Content through any automated means, including "robots," "spiders," or "offline readers";
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the Math Antics Site, including Math Plus Motion's servers, computer network, or user accounts;
- uses the Site to advertise or promote competing services;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- interferes with any other party's use and enjoyment of the Math Antics Site;
If Math Plus Motion determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Site. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Math Antics Site, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
5. Accounts and Subscriptions
In order to use certain Services, you must create an account on the Math Antics Site. You agree that Site user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property, etc. Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.
If you elect to create an account you agree to provide an email address that Math Plus Motion can use to communicate with you in matters concerning your account and business you have with us.
In addition to any other Account Data, you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account, and to ensure that you "log off" from your account (if using a public computer) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.Subscriptions.
Some content (for example: videos and written exercises) is only available by purchasing a Subscription. You may share your subscription only with members of your own household (family members living at the same location as yourself). A maximum of 3 simultaneous user sessions will be permitted per account. You may not transfer a subscription to another user. You may not share a subscription with another user who is not a member of your household. This Subscription entitles the user to access restricted content on the Site while signed into their account.
We have a 30 day money back guarantee. If you are not completely satisfied you can request a refund any time within 30 days of the purchase date of your subscription.
7. User Reviews, Comments, and Other Material.
Your Posts: As part of the Site, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews, comments, or other materials (collectively, "User Material"). In order to keep the Site enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Math Antics Site. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also not Post personally identifiable information, such as your full name, email address, telephone number, or street address.
Third Party Posts: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Math Plus Motion does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Math Plus Motion. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Math Plus Motion assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Math Plus Motion with respect to such User Material.
8. Linked Websites.
Third Party Websites. If we provide links or pointers to other websites, you should not infer or assume that Math Plus Motion operates, controls, or is otherwise connected with these websites. When you click on a link within the Math Antics Site, we may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of the destination website. You should not rely on these Terms to govern your use of another website.
Math Plus Motion is not responsible for the content or practices of any website other than the Math Antics Site.
Math Antics, the Math Antics logo, www.mathantics.com, and other Math Antics and Math Plus Motion marks, graphics, and logos are trademarks of Math Plus Motion LLC. None of the Math Plus Motion trademarks may be copied, downloaded, or otherwise exploited.
10. Disclaimer of Warranties, Limitation of Liability and Indemnity.
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE MATH ANTICS SITE, YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE MATH ANTICS SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MATH PLUS MOTION DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE MATH ANTICS SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL MATH PLUS MOTION OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "MATH PLUS MOTION PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MATH ANTICS SITE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE MATH PLUS MOTION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE MATH ANTICS SITE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MATH PLUS MOTION PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE MATH ANTICS SITE. MATH PLUS MOTION RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Last updated: October 2010