Last Updated: November 3rd, 2021
Your Account Information As noted above, student users must obtain a unique invitation code from a teacher or administrator prior to creating an Account, unless the teacher or administrator has created student accounts and enabled student log in on their students’ behalf. To create an Account, all users must provide a valid name. Educator Users will also be required to provide a valid email address and school name. You are responsible for ensuring that any personal information you provide is accurate and up to date. Magma Math reserves the right to verify the accuracy of the information you provide at any time. You are responsible for creating a username and a secure password and protecting your Account from unauthorized access. You agree to notify Magma Math immediately if you believe your username, password or other identifying information has been lost, stolen or otherwise compromised. You will be held responsible for any activity that occurs under your Account. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Service by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Service that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You will not impersonate, abuse, harass, threaten, stalk or intimidate other people from your Account.
Removal of Your Account and Your Content
3. FEES, GUIDELINES, RIGHTS AND REMEDIES Subscription Fees Creating an Account with Magma Math is free. However, we reserve the right to charge a subscription fee to teachers or administrators to use the Service. Should you subscribe to the Service, you shall pay all applicable fees and any related taxes in connection with such features. We will use a third-party payment processor (the “Payment Processor”) to bill you through an online account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. You are responsible for any fees charged by your internet service provider or mobile carrier for using the Service, including, but not limited to data transfer fees. Permitted Use of the Service The Service is available to its users for educational, non-commercial use only. Users may not modify the Service, or any portion of it, except with express written consent of Magma Math. You agree that you will not use or attempt to use this Service for any purpose other than as described herein. Magma Math reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Service. Intellectual Property Rights We and our licensors own and retain all proprietary rights in the Service. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Magma Math, unless it is in the public domain. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Magma Math without express written consent. You may not use any meta tags or any other "hidden text" utilizing Magma Math's name or trademarks without the express written consent of Magma Math. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Service, or modify, translate or otherwise create derivative works of any part of the Service. Any modification of the Service, or any portion thereof, or use of the Service for any other purpose constitutes an infringement of trademark or other proprietary rights of Magma Math or third parties, and any unauthorized use terminates the permission to use the Service granted by Magma Math. The marks appearing on this Service, including but not limited to Magma Math and any respective logos, emblems, slogans and designs, are trademarks of Magma Math. All other marks used on this Service are the property of their respective owners. DMCA Notice and Take Down Procedures i. Notice of Claims If you believe any post or information on the Service infringes your copyright or trademark rights, you may request such content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act (DMCA). To follow those procedures, contact Magma Math’s copyright agent (identified below) and provide the following information: ● A clear statement identifying the works, or other materials believed to be infringed. ● A statement from the copyright holder or authorized representative that the content is believed to be infringing. ● Sufficient information about the location of the allegedly infringing content so that Magma Math can find and verify its existence. ● Your name, telephone number and email address. ● A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf. ● A signature or the electronic equivalent from the copyright holder or authorized representative. You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may be invalid. ii. Counter-Notice ● If you believe that your removed content (or content to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use thematerial in your content, you may send a counter-notice containing the following information to the Copyright Agent: ● Your physical or electronic signature; ● Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; ● A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and ● Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the state or federal courts of The Commonwealth of Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. ● If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 business days or more after receipt of the counter-notice, at our sole discretion. Magma Math’ agent for notice of copyright issues on the Service can be reached as follows: Radish Education, Inc., d/b/a Magma Math, 900 3rd Ave 29th floor, New York, NY 10022 Attn: Copyright Agent If you are not sure whether material available online infringed your copyright, we suggest that you first contact an attorney.
4. GENERAL INFORMATION
Linking to Third Party Websites
For your convenience, the Service may provide links to third-party websites, including our Payment Processor. Unless expressly stated otherwise, Magma Math does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this Service may provide a link. By using the Service you acknowledge and agree that Magma Math will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials. You should carefully review each website’s privacy statements and conditions of use to understand your rights and responsibilities.
You agree to indemnify and hold Magma Math, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your Content, Account, use of the Service, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Service.
Disclaimer & Limitation of Liability
THE SERVICE IS PROVIDED BY MAGMA MATH ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAGMA MATH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS TO (1) THE OPERATION OF THE SERVICE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF USER OR OTHER CONTENT ON THE SERVICE, OR THE INFORMATION, USER OR OTHER CONTENT, OR PRODUCTS INCLUDED ON THE SERVICE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THIS SERVICE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. MAGMA MATH DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE, OR ANY USER CONTENT OR CONDUCT. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, INFORMATION, OR USER CONTENT OR CONDUCT WILL BE AT YOUR SOLE RISK. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MAGMA MATH BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED ON THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MAGMA MATH TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLYTO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): MAGMA MATH MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE.
Magma Math may, in its sole discretion, terminate or suspend your access to all or part of the Service, for any reason, including without limitation, your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the services provided by Magma Math, your sole remedy is to terminate your use of the Service.
Jurisdiction & Severability
Magma Math operates the Service from its offices within the United States. Magma Math makes no representations that content and materials on the Service are legal or appropriate for use from outside the United States. If you choose to access the Service from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Service in violation of U.S. export laws and regulations. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Magma Math’s prior written consent. Magma Math may assign, transfer, or delegate any of its rights and obligations hereunder without consent. These Terms will be governed by and construed in accordance with the laws of the state of Delaware. Any action brought to enforce these Terms or matters related to the Service will be brought in either the State or Federal Courts of the state of Delaware. Any claim or cause of action you have with respect to use of the Service must be commenced within one (1) year after the claim arises. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Magma Math concerning your use of the Service.
5. HOW TO CONTACT US
Should you have any questions or complaints regarding violations of these Terms, please contact us at:
Email address: firstname.lastname@example.org
Postal address: 900 3rd Ave 29th floor, New York, NY 10022