Radish Education, Inc.
Last Updated: November 3rd, 2021
1. USER ELIGIBILITY
Magma Math is a platform for all levels of students and their educators. Accordingly, we are subject to the Children’s Online Privacy and Protection Act (“COPPA”), which among other things requires that we obtain verifiable parental consent before we collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from a child under 13 where that student’s school, district, and/or teacher has obtained (via the terms described in the following paragraph) verifiable parental or guardian consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment only. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at email@example.com.
If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA and have obtained consent from all parents or guardians whose children under 13 will be accessing the Services. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator or teacher agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
2. CREATING AN ACCOUNT AND CONTRIBUTING CONTENT
Educator Users and Student Users are currently required to have an account (your “Account”) to access certain features of the Service. To create an Educator User Account, the user must sign up for the Services on the Site. To create a Student User Account, the Educator User must add students through a class code, or by manually entering student information.
From your Educator User Account or your Student User Account, you can create, edit and share your work product with other Users in your classroom. Such work product will typically consist of math problems and solutions, and may include text or whiteboard images, graphics, videos, photographs, audio clips, comments, or other material and information, and associated trademarks and copyrightable works (such data, information and content, “Content”). You may also use your Account to view Content created by Magma Math. Educator Users may use their Account to log into a “Teacher Dashboard” where they can view student work and change student user settings.
From your Student User Account, you can access the content posted and assigned by your Educator User and complete said assignments by contributing Content.
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.
● Your Content will be visible only to those users (whether teachers, administrators, students, or classroom groups) within your classroom or otherwise approved by you or the Teacher that administers your account.
● Content that is offensive, indecent, objectionable, or otherwise inappropriate may be flagged and removed without notice.
● All content posted on the Service must comply with all applicable laws (including, without limitation, U.S. copyright law). You represent and warrant that (i) you own or otherwise possess all rights to use your Content; (ii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) you
are authorized to grant all of the rights described in these Terms; and (iv) the use of your Content as contemplated by these Terms will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity. If you do not have the right to submit Content for such use, it may subject you to liability.
● You will be held solely responsible and liable for your Content and conduct on the Magma Math Service. Magma Math will not be responsible or liable for any use of your Content by Magma Math in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
● Your Content may be modified or adapted (for example, photos may be cropped) in order to meet design and technical requirements of the Service or for any other reason. You are responsible for retaining original copies of Content you upload from a local source.
Your Content always belongs to you. You retain copyright and any other rights you already hold in your Content, but by uploading, posting, contributing, or otherwise providing your Content to Magma Math, you grant Magma Math a limited, nonexclusive license solely for the purpose of performing Magma Math’s obligations as outlined in these Terms. For clarity, the foregoing license grant does not affect your other ownership or license rights in your Content, including the right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.
Additionally, by distributing or disseminating your Content on the Service you hereby grant to each user to whom you have authorized access to your Content a non-exclusive license to use your Content under the terms indicated by you when you uploaded or created such Content, which shall at least include a limited, non-exclusive, personal license to view, download, and alter such Content in the manner contemplated by these Terms and the Service.
Removal of Your Account and Your Content
We reserve the right to monitor and review your Account, your Content and your activity for compliance with these Terms, and may remove or disable your Account or Content for any reason, including, but not limited to, violation of Terms, alleged infringement or verbal, physical, written or other abuse of a Magma Math user, employee, member or officer. We will do our best to communicate with you via your
Account email address prior to removal of your Account or your Content, but are not obligated to do so and cannot be responsible for failure to reach you via email.
We cannot guarantee access to your Account or your Content. We have no obligation to retain or provide you with copies of your Content. We reserve the right to reclaim any username created by a Magma Math user on behalf of businesses or individuals that hold legal claim or trademark on that username. We also reserve the right to reclaim any username created by a Magma Math user that has been inactive for 6 months or more. Your Account may be permanently disabled due to prolonged inactivity. Should you or Magma Math disable your account, Magma Math will not refund any amounts that you have already paid.
3. FEES, GUIDELINES, RIGHTS AND REMEDIES
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.
● 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 the
material 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
● 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
360 E. 2nd St., Los Angeles, CA 90012
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 APPLY
TO 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: 360 E. 2nd St., Los Angeles, CA 90012