Terms of Service
1. Your Agreement with MATHTAB
1.1. Your use of the MATHTAB website (the "Service") is governed by this agreement (the "Terms"). "MATHTAB" means MATHTAB Inc., located at 1276 Rain Drop Dr, Collierville TN 38017, United States, and its subsidiaries or affiliates involved in providing the Service.
1.2. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that MATHTAB will treat your use of the Service as acceptance of the Terms from that point onwards.
1.3. You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
2.Your Account and Use of the Service
2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify MATHTAB immediately.
2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3. You agree not to (a) access (or attempt to access) the Service by any means other than through the interface that is provided by MATHTAB in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with MATHTAB, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
3. Service Policies and Privacy
4. Content in the Service and Take Down Obligations
4.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information, including the application that you create using the Service and any source code written by you to be used with the Service is referred to below as the "Application."
4.2. MATHTAB reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Applications from the Service. MATHTAB reserves the right to directly take down any Application that violates these Terms, any applicable Program Policies, or applicable law or regulation.
4.3. You agree that you are solely responsible for (and that MATHTAB has no responsibility to you or to any third party for) the Application that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which MATHTAB may suffer) by doing so.
4.4. You agree that MATHTAB has no responsibility or liability for the deletion or failure to store your Application and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application.
4.5. You agree that you are solely responsible for (and that MATHTAB has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which MATHTAB or any third party may suffer) of any such breach.
5. Proprietary Rights
5.1. You acknowledge and agree that MATHTAB (or MATHTAB's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
5.2. Unless you have agreed otherwise in writing with MATHTAB, nothing in the Terms gives you a right to use any of MATHTAB's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
5.3. Except as provided in Section 7, MATHTAB acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MATHTAB, you agree that you are responsible for protecting and enforcing those rights and that MATHTAB has no obligation to do so on your behalf.
6. License from MATHTAB and Restrictions
6.1. MATHTAB gives you a personal, limited, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MATHTAB as part of the Service as provided to you by MATHTAB (referred to as the "MATHTAB Programming Platform" below). This license is for the sole purpose of enabling you to develop Applications to run on the Android platform, in the manner permitted by the Terms.
6.2. You may not (and you may not permit anyone else to): (a) copy, modify, adapt, redistribute, decompile, create a derivative work of, reverse engineer, or otherwise attempt to extract the source code of the MATHTAB Programming Platform or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MATHTAB, in writing (e.g., through an open source software license); (b) attempt to disable or circumvent any security mechanisms used by the Service; (c) use the Service to create an Application that performs a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports; or (d) use the Service to create an Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, including, but not limited to, MATHTAB or any mobile communications carrier, or (e) upload or otherwise process any malicious content to or through the Service.
6.3. Unless MATHTAB has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the MATHTAB Programming Platform, grant a security interest in or over your rights to use the MATHTAB Programming Platform, or otherwise transfer any part of your rights to use the Software.
6.4. Components of the MATHTAB Programming Platform licensed under an open source software license are governed solely by the terms of that open source software license and not the Terms.
7. License from You
7.1. By submitting, posting or displaying the Application of type 'public' on or through the Service, you agree to license it under the Creative Commons Attribution 3.0 Unported License. By submitting, posting or displaying the Application on or through the Service you give MATHTAB a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute the Application for the sole purpose of enabling MATHTAB to provide you with the Service, including storing the Application on its servers. Furthermore, by creating an Application through use of the Service, you give MATHTAB a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute such Application for the sole purpose of enabling MATHTAB to provide you with the Service, including storing the Application on its servers.
7.2. You agree that MATHTAB, in its sole discretion, may use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of your Application in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
7.3. If you create an Application of type 'private' to share with other users of the Service, you may determine with whom you share the Application and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application.
8. Software Updates
8.1. The Software which you use may automatically download and install updates from time to time from MATHTAB. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MATHTAB to deliver these to you) as part of your use of the Service.
9. Modification and Termination of the Service
9.1. MATHTAB is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which MATHTAB provides may change from time to time without prior notice to you.
9.2. You may discontinue your use of the Service at any time. MATHTAB may, at any time, terminate your use of the Service and disable your access to the Service at any time in its sole discretion with or without notice.
9.3. When the Terms comes to an end, all of the legal rights, obligations and liabilities that you and MATHTAB have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
9.4. Upon any termination of the Service under Section 9, these Terms will also terminate, but Sections 5.1, 10, 11, 12, and 16 shall continue to be effective after these Terms are terminated.
10. EXCLUSION OF WARRANTIES
10.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT MATHTAB'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
10.3. MATHTAB, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATHTAB, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
11. LIMITATION OF LIABILITY
11.1. SUBJECT TO SECTION 10.1 ABOVE AND SECTION 15 BELOW (CONFIDENTIAL INFORMATION), YOU EXPRESSLY UNDERSTAND AND AGREE THAT MATHTAB, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
11.2. THE LIMITATIONS ON MATHTAB'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT MATHTAB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12.1. You agree to hold harmless and indemnify MATHTAB, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "MATHTAB and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MATHTAB will provide you with written notice of such claim, suit or action.
13. Policies Regarding Copyright and Trademarks
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Attn: Support
Address: 1276 Rain Drop Dr, Collierville TN 38017
Phone: (901) 521 4851
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
14. Confidential Information
14.1. By virtue of the Terms, the parties may have access to information that is confidential to one another ("Confidential Information"). "Confidential Information" means the specific terms of the Terms, the MATHTAB Programming Platform (including without limitation all object code and source code), and any information, data or other materials provided by one party to the other under or in connection with the Terms (other than information intended to be disclosed to third parties as set forth herein) that is (a) clearly and conspicuously marked as "Confidential" or with a similar designation; (b) is identified by the disclosing party ("Discloser") as confidential and/or proprietary before, during, or promptly after presentation or communication; or (c) is disclosed in a manner which the Discloser reasonably communicated, or the receiving party ("Recipient") should reasonably have understood under the circumstances that the disclosure should be treated as confidential, whether or not the specific designation "confidential" or any similar designation is used.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) the Recipient can adequately demonstrate was independently developed by the Recipient without use of or reference to the Discloser'sConfidential Information. You shall not disclose the results of benchmark tests or other evaluations of Android to any third party unless MATHTAB grants you prior written consent to such disclosure.
The parties agree, both during the term of the Terms and for a period of three (3) years after termination of the Terms, to hold each other's Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as they use to protect their own confidential information of a like nature. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of the Terms. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of the Terms.
15. Changes to the Terms
15.1. MATHTAB reserves the right to make changes to the Terms from time to time. When these changes are made, MATHTAB will make a new copy of the Terms available here.
15.2. You understand and agree that if you use the Service after the date on which the Terms have changed, MATHTAB will treat your use as acceptance of the updated Terms.
16. General Legal Terms
16.1. The Terms constitute the whole legal agreement between you and MATHTAB and govern your use of the Service (but excluding any services which MATHTAB may provide to you under a separate written agreement), and completely replace any prior agreements between you and MATHTAB in relation to the Service.
16.2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
16.3. If MATHTAB provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
16.4. You agree that MATHTAB may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
16.5. You agree that if MATHTAB does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MATHTAB has the benefit of under any applicable law), this will not be taken to be a formal waiver of MATHTAB's rights and that those rights or remedies will still be available to MATHTAB.
16.6. MATHTAB shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
16.7. This site (excluding any linked sites) is controlled by us from our offices within the Tennessee, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Tennessee, by accessing this site both of us agree that the statutes and laws of the State of Tennessee, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Tennessee with respect to such matters.