Website Terms of Use

Effective Date: November 10, 2009

Please read these Website Terms of Use (“Terms”) carefully before using this website, including any of the discussion forums available on this website (each a “Forum”) (collectively, this website and the Forums are referred to hereafter as the “Site”).

Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site.

General

This Site is owned and operated by Math inquiries Project (“MiP”). MiP reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting of the Terms. You thus should visit this page periodically for changes. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted by MiP constitutes your acceptance of that change.

Forum Terms

Any violation by you of the following terms and conditions regarding your use of the Forums may result in the termination of your right to post messages to a Forum.

Registration

You are not obligated to register in order to access and read messages posted to the Forums. But registration is required in order to post a message to a Forum.

When you register, you will be asked to disclose personal information (including your name and email address), and to select a screen name. Please keep in mind when choosing a screen name that whenever you post a message to the Forum, your screen name and a link to your online status will automatically appear with your posted message. MiP may refuse to grant you, and you may not use, a screen name (or email address) that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, or is vulgar or otherwise offensive.

You will also be asked to select a password when you register. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. You agree to notify MiP of any unauthorized use of your password or any other breach of security with respect to your account. MiP will not be liable for any loss or damage arising from unauthorized use of your account.  In addition, you agree to exit from your user account at the end of each session.

You agree to provide true, accurate, current and complete information about yourself as requested in the registration form. You also agree to update the information about yourself promptly as necessary to keep it current and accurate.

Information in Submitted Messages

You must exercise caution, good sense and sound judgment in submitting messages to be posted to a Forum. You are responsible for any material you submit in a post. You agree, represent and warrant that any information you post is truthful, accurate, not misleading and offered in good faith, not invasive of another’s privacy; abusive; threatening or obscene, not infringing upon the copyright; trademark or other intellectual property rights of others, and that you have the right to post or transmit such information. The content of such information, whether publicly posted or privately transmitted, is your sole responsibility.

You must not post any material to a Forum that you consider to be confidential or proprietary. Any material that you post will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.

You may delete any of your messages posted to a Forum at any time by sending an email to webmaster@mathmirror.org, and requesting that the particular message be deleted.

Moderated Forums

The Forums will be moderated by third party contractors and/or employees of MiP trained to moderate discussion forums (each a “Moderator”). The Moderators will review your submitted messages (prior to their posting), including any attached materials such as linked websites and pictures, and may edit or reject the messages at their discretion for any or no reason. Submitted messages that may be edited or rejected by the Moderators include, but are not limited to, messages that are deemed to be offensive, infringe on copyright rights of others, impersonate an individual, misrepresent a relationship with any person or organization, encourage others to commit illegal acts or to harass individuals, or advertise or promote goods and services. To have messages posted, the comments must be on topic.

Messages considered offensive by any registered user of the Forums may be reported to the Moderators by sending an email to webmaster@mathmirror.org.

License Grant

By submitting a message to be posted to a Forum, except as expressly provided in MiP’s privacy policy, you automatically grant MiP a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the message, or any part of it (and derivative works thereof), alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

You further agree that MiP has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you post to a Forum.

Copyright

Under applicable copyright law, the author of any post is the owner of the copyright in the post. Aside from the license that all registered users have granted to MiP upon submitting a message as stated above, no one visiting the Forum is licensed to copy, reproduce, republish, modify, transmit or distribute in any way any of the messages, or any portion of the messages, posted to the Forum without the prior written permission of the copyright owner.

No Endorsement

MiP does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any messages posted to a Forum, or endorse any opinions expressed in such posts. You acknowledge that any reliance on material in posted messages will be at your own risk.
Disclaimer

Most of the content posted to the Forums is provided by third parties like you. MiP is not responsible for this third-party content.

Site Security

You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. MiP will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other Prohibited Activities

In using this Site, you must also not:

• Send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
• Misrepresent your identity or affiliation in any way;
• Restrict, discourage or inhibit any person from using the Site, disclose personal information on the Site or obtained from the Site or collect information about users of the Site;
• Reverse engineer, disassemble or decompile any section or technology on the Site, or attempt to do any of the foregoing;
• Gain unauthorized access to the Site, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through the Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
• Post, transmit or otherwise make available 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;
• Violate any applicable laws or regulations; or
• Assist or permit any persons in engaging in any of the activities described above.

Material Submitted to Site

This section governs any material that you transmit to or through the Site outside of a Forum. As with information posted to a Forum (as set forth in the Forum terms above), you are responsible for any such submitted material. You agree, represent and warrant that any information you transmit to or through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary.

Except as expressly provided in MiP’s privacy policy, you give MiP an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute any material that you submit to the Site. You further agree that MiP has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.

Copyright

The material made available on this Site, including without limitation, any text, software, graphics, photos, sounds, music, videos and interactive features, is protected by copyright. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of MiP’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Site must be obtained from MiP in advance. Requests for such authorization should be submitted via an email to webmaster@mathmirror.org.

Trademarks

All trademarks, service marks, logos and trade names on the Site, whether registered or unregistered, are proprietary to MiP or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Links to Other Websites

As you view this Site, you may notice links to non-MiP websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of MiP proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from MiP. MiP is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by MiP of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.

Disclaimers

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.

MIP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MIP ALSO DOES NOT WARRANT THAT USE OF THE SITE WILL HAVE ANY EFFECT ON YOUR MATH SCORES OR GRADES.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MIP BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY OF THE MATERIALS ON THIS SITE, EVEN IF MIP OR A MIP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold MiP, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this Site.

Termination

MiP may terminate your use of the Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from the Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination.  You agree that if your use of the Site is terminated pursuant to these Terms, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.

Notice And Procedure For Making Claims of Copyright Infringement

MiP respects the intellectual property of others and takes the protection of copyrights very seriously, and we ask our users to do the same.  We therefore employ measures to prevent copyright infringement on the Site.  Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, please send a written notification of the claimed copyright infringement to the following Designated Agent:
[NAME]
[FULL MAILING ADDRESS]
[TELEPHONE #]
[FAX #]
[E-MAIL ADDRESS]

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
• Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works on the Site are covered by the notice, a representative list of such works;
• Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENTS TO THE CONTACT LISTED ABOVE.

Children

This Site is a general audience and teen-directed site, although it contains information that may be of interest to individuals under the age of 13. However, MiP does not seek through this Site to gather personal information from or about children under the age of 13.

Privacy

Use of the Site is also governed by MiP’s privacy policy, available in the footer of this Site.

Jurisdictional Issues

This Site is controlled and operated by MiP from its offices within the State of California. MiP makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.

Other

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit them via an email to webmaster@mathmirror.org. We will endeavor to respond to you promptly.