GENERAL TERMS
- Additional PoliciesThese Terms of Use and the following additional terms and policies (as applicable) together constitute a binding agreement between you and
- OUR Community GuidelinesWhen you use this site, you are subject to the master of maths community
- Terms of SaleOur Terms of Sale set forth in Section A below contain additional terms, conditions and policies applicable to your purchase of Products through the Services. By ordering Products through the Services, you agree to be bound by and accept the Terms of Sale.
- Copyright Policymasterofmaths respects the intellectual property rights of others and expects its users to do the same. To that end, all my users are subject to the Copyright Policy set forth in Section B below.
- Mobile ApplicationsThe mobile application is available for download by users via authorized application stores and other platforms (e.g., the Apple App Store). If you access and use the Services via the mobile application, or on a mobile phone, tablet or similar mobile device, you are bound by these Terms of Use.
- Data Processing AddendumThe supplements these Terms of Use and applies with respect to (i) the photos and videos you upload, and (ii) any labels, tags, comments, descriptions or categorizations that you add to those photos and videos. To the extent of any conflict between these Terms of Use and the Data Processing Addendum, the Data Processing Addendum will govern.masterofmaths
- . All such additional policies are incorporated into these Terms of Use as applicable and collectively govern your use of the Services and/or purchase of Products.
- LicenseThe Services and all images, software, platforms, tools, graphics, data, text, code, the Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the Materials”) are the property of SmugMug or its third party licensors and are protected by United States and international intellectual property laws.SmugMug hereby grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the Materials solely in accordance with these Terms of Use. Except for the limited licenses granted hereunder, SmugMug reserves all rights not expressly granted and no such additional rights may be implied. You acknowledge that (i) all right, title and interest in and to the , including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with SmugMug or its third party licensors; (ii) no right or interest in the Materials is conveyed other than the limited licenses granted herein; (iii) ther Materials are protected by copyright and other intellectual property laws; and (iv) SmugMug asserts that the Materials embody valuable confidential and secret information of SmugMug or its licensors, the development of which required the expenditure of considerable time and money.
- MarksYou acknowledge that “SMUGMUG”, the SmugMug logo, , the logo, the look and feel of the Services, and any other Product or Service names, logos or slogans of either SmugMug contained in the Services are trademarks of SmugMug (collectively, the “Marks”) and may not be copied, imitated or used without the prior written permission of SmugMug. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.SmugMug may provide users with tools to download the Marks via the Services. If you download or otherwise obtain the Marks using such tools, SmugMug grants you a limited right to (i) use the Marks for the sole purpose of referencing the Services and (ii) to use only those Marks that are made available to you by SmugMug through such tools. Your use of any Marks must be consistent with the size, dimensions, color and other characteristics of the Marks and consistent with any other policies concerning the Marks that we may post on the Site or otherwise make available through the Services from time to time. You may not (i) alter or change the appearance of the Marks, (ii) use the Marks in any manner that suggests SmugMug sponsors or endorses a product, service, promotion, contest, or (iii) use the Marks for any other purpose deemed by SmugMug to be inappropriate. SmugMug has the right to revoke your right to use the Marks at any time at our sole discretion.
- RestrictionsYou agree that you will not (i) modify or alter the Materials; (ii) create derivative works of theMaterials; (iii) decompile, disassemble, decode or reverse engineer the Materials, translate the Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the Materials or reduce the Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the Materials.Except as otherwise expressly permitted herein, you may not use the Services or the Materials to engage in any of the following prohibited activities:
- the collection, copying or distribution of any portion of the study Materials;
- any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the study Materials;
- modifying or otherwise making any derivative uses of the Services or the study Materials;
- scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
- with the exception of User Content made available by users for download, the downloading of any portion of the study Materials or any information contained therein; or
- any use of the Services or the study Materials other than for their intended purposes.
Any use of the Services or of any study Materials other than as specifically authorized herein, without the express prior written permission of SmugMug and the applicable t shtam fo resamuser or the Content Owner, is strictly prohibited. Any such unauthorized use may result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein. - HyperLinksYou may create a text hyperlink to the Site, provided such link does not portray or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by SmugMug at any time. You may not frame the Site or utilize framing techniques to enclose the Site, study Materials, Marks or other proprietary information without SmugMug’s express prior written consent.As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. SmugMug does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
- User ContentThe Services may enable you to upload, post and transmit photos and videos to the Site or other portions of the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit photos, videos, text, music, messages, information, comments, labels, tags, descriptions, categorizations or other content or materials (collectively, the “User Content”).You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. SmugMug does not claim any ownership, right, title or interest in and to your User Content.Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you request, and grant SmugMug a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to do the following: (1) provide the Services, including to display the User Content on the Services; (2) comply with your instructions pursuant to Data Protection Addendum; (3) comply with legal requirements, including disclosing User Content in response to legal process from governmental authorities; (4) disclose User Content without any compulsory legal process when we believes there is a threat to life or limb. In the absence of a legal requirement to do so, masterofmaths may refrain from notifying you ofYou represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.From time to time, SmugMug may limit the amount of User Content, including your photographs, stored via the Site. SmugMug has the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if SmugMug were to terminate an account on the Site for any reason, all User Content associated with such account would be removed. While SmugMug will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.masterofmaths
- disclosures to governmental authorities where such notification may jeopardize an important law enforcement investigation. masterofmaths
- may engage service providers for assistance with carrying out any obligation or exercising any right under these Terms of Use.
- Acceptable Use; DisclaimerYou are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
- User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
- User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity, unless you have restricted access to such User Content with an appropriate content filter setting that will restrict viewing by minors;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited messages containing promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose masterofmaths
- or its users to any harm or liability of any nature, or which is legally required to be deleted or made private.
Although we prohibit certain activities in these Terms of Use, SmugMug does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Use. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions. SmugMug reserves the right (but is not obligated) to (i) review or screen any User Content submitted to the Site or otherwise submitted through the Services; (ii) edit any User Content submitted through the Services Services (but for photos and videos this will consist of mere editing to address the technical characteristics of the Service or of masterofmaths - Vendors, not artistic authorship); and/or (iii) remove or take down any User Content from the Services for any reason, at any time, without prior notice, at our sole discretion. SmugMug will have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of such activities. SmugMug’s enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.
- Your AccountCertain activities on the Services require you to register and create an account. In order to create an account, you must be 16 years of age or older. By registering for an account, you represent and warrant that you are at least 16 years of age and that all information you provide in the registration form (“Registration Data”) is complete and accurate. SmugMug reserves the right to terminate your account and/or refuse access to the Services to anyone at any time, with or without cause at its sole discretion. If SmugMug terminates your account due to inactivity, SmugMug will use reasonable efforts to notify you of such termination in advance by emailing such notice to the email address you have specified in your account. You agree to keep your registered email addresses and other Registration Data current and complete, as SmugMug may send important notices about your account from time to time. By registering for an account, you consent to receive communications from SmugMug about the Services by email and/or system messages consistent with the terms of our Privacy Policy.
- Account SecurityYou are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. masterofmaths provides privacy options and settings for your content available in the Privacy & Permissions section of your applicable user account (the “Account Settings”).We use commercially reasonable security measures to protect your User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents.masterofmaths is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the privacy settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify masterofmaths of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to masterofmaths
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