Terms of Use

Mathalinas Blog Terms of Use

January 2016

Thank you for using the Mathalinas.com site! The following Terms of Use apply when you view or use our blog and/or any related services via our website located at http://mathalinas.com (“Mathalinas” or the “Website”). Please review the following terms carefully. By accessing or using Mathalinas, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the website or its associated content.

ABOUT THE SERVICE

Mathalinas is all about providing resources for thinking about math differently and rewiring the common threads of analysis that have been engrained in us since youth. Mathalinas, through blog posts, educational resources, games, and unique examples, seeks to provide a resource to all individuals to think about math differently (the “Services”).

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You may need a username to use our website and/or Services. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services. To register a username and create an account, you must be a United States resident and be at least 13 years of age unless the Service expressly indicates otherwise. You must give us true and accurate information about yourself and keep that information up to date. You may be able to use an e-mail address or other online identifier provided to you by someone other than us as a username. You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Services. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier.

If you or we terminate or deactivate your account for any reason, we have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) on the Services and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted or reactivate your account.

USE RESTRICTIONS

To use our Services, you must:

  1. Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
  2. Immediately notify us if you learn of a security breach or other illegal activity on the Services;
  3. Protect your username and password;
  4. Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
  5. Not engage in an activity that is harmful to us or anyone else;
  6. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
  7. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.

To prevent violations and enforce these terms of service and remediate any violations, we can, but are not obligated to, take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.

If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or mobile device, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.

POSTING AND CONDUCT RESTRICTIONS

You can post content to the Website or Service only if (a) you created and own the rights to the content or you have the owner’s express permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, these terms of service, or any other posted policies. We reserve the right to remove content for any reason.

You are responsible for any content you post to our Website or Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.

You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.

Except as otherwise provided in these terms of service, you or the owner of any content that you post to our Website or Services retain ownership of all rights, title, and interests in that content. However, by posting content, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).

When you use a Service that allows users to share, transform, readapt, modify, or combine user content with other content (for example through social media sites), you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.

USING OUR CONTENT

The Website, its Services and the content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content. You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, or those of our licensors, without express written permission.

CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the website and/or Service are the opinions of the Website content authors and should not necessarily be relied upon for any purpose. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made. The content provided on the Services, including content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on the Website and Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.

NO SPAM

You may not use or allow others to use your username on the Website or Service to e-mail, instant message, voice mail, fax, chat, send spam, or send any other unsolicited bulk communication. You may not access the Website or Services to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on any Service. Any violation of these provisions may result in immediate termination of your account and legal action.

INFORMATION WE COLLECT

We may collect “Non-Personal Information” and “Personal Information: from you when you visit the Website, use the Services or create an account. Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes only your email, which you submit to us through the registration process at the Site.

In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. For example, we may use cookies to collect the following information:

Geographical location, keywords, information on your behavior on our site (for example which links you clicked and which pages of our website you visited, time spent on our site and other behavioral data.

The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.

In addition to the information provided automatically by your browser when you visit the Site, to become a subscriber to the Service you may need to create a personal profile. You can create a profile by registering with the Service and entering your email address, and creating a user name and a password. By registering, you are authorizing us to collect, store and use your email address in accordance with these terms of service.

HOW WE USE AND SHARE INFORMATION

Personal Information:

We do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our privacy policies.

In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

Non-Personal Information

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site

YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our terms of service.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON REMEDIES AND LIABILITY

WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.

WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES. SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, ACTION AMERICA’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our vendors and agents, and their respective officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) content posted by you to the Website or Service, (iii) your use of materials or features available on the Website or Service (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

GENERAL LEGAL TERMS

We may modify these terms of service from time to time. If you do not agree to the changes, stop using our Services before the changes take effect. Your use of this site or any Service after the effective date of any changes means that you agree to the changes.

If a court of law finds that any provision of these terms of service is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.

In any dispute with us, your sole remedy is to stop using this site and the Services. This includes any dispute related to, or arising out of: (1) any term of these terms of service or our enforcement or application of these terms of service; (2) any of our policies or practices, including any privacy policies, or our enforcement or application of these policies; (3) the content available on the Website and/or Services or the Internet or any change in content provided by us; or (4) your ability to access or use the Website and/or Services.

You agree that the laws of the State of Illinois govern this contract and any claim or dispute that you may have against us, without regard to the State of Illinois’ conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Cook County, Illinois, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF ILLINOIS ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF ILLINOIS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS

You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Website visitors and Service users, members and guests. We no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:

  1. A statement that you have identified material on a service that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
  2. A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
  3. The country or countries to which your copyright applies;
  4. A description of the way in which the copyright material has been infringed;
  5. A description of where the material that you claim is infringing is located on our services (including a URL and screen shot);
  6. Your address, telephone number, and email address so that we may get in contact with you;
  7. A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
  8. A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  9. An electronic or physical signature (which may be a scanned copy) of the copyright owner.

A complaint can be submitted by:

  • Sending an email to Mathalinas@gmail.com. Please be sure to include responses to items 1-9 above in your email.