Beautiful Math Minds Terms of Service
Effective: July 31, 2020
Last Updated: July 31, 2020
Beautiful Math Minds LLC operates the Beautiful Math Minds websites and services. This agreement (“Agreement”) is between Beautiful Math Minds and you (“you” or “User”) for the use of our services and website. By using the Beautiful Math Minds services and website, you accept these terms. We provide services to you subject to this Agreement. If you have questions about these terms, please contact us immediately. In the event we update these terms, we will revise the “last updated” date at the top. You acknowledge and agree that it is your responsibility to review these terms for any updates. By using our services, website, or any of our Supplementary Learning Tools (SLTs), or any one or more of them, you accept and agree to abide by these Terms of Service.
Beautiful Math Minds Services. We are dedicated to the love of math, creative problem-solving, and interdisciplinary project-based learning to inspire children to learn math to the highest level! Beautiful Math Minds currently provides its registered users with services including, but not limited to, online educational activities, online classes, online summer camps, online clubs, and educational consultation (“Services”). The Agreement applies to these Services and any other services provided on our website, unless explicitly stated otherwise. The Services are provided "AS-IS" and Beautiful Math Minds assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user actions, communications, or personalization settings. Some Services require you to pay for their use and may require you to agree to additional terms.
Username and Password. During the registration process, you will select a Student Username to use as an onscreen name that gives you and/or your child access to the Third-Party Platforms including, but not limited to, Beast Academy Online. Any Username should be a pseudonym and not a real name. You are responsible for retaining the Username in confidence. You are also responsible for retaining any Passwords in confidence. You are further responsible for all activities that occur on your Account and the Account(s) of your child/ren. You agree to immediately notify Beautiful Math Minds of any unauthorized use of the Accounts.
Beautiful Math Minds reserves the right to suspend or terminate Services to any User, if Beautiful Math Minds, in its sole discretion, determines that a User does not comply with these terms.
1. Improper Use of Services: You agree to use Platforms and services in accordance with, and only as permitted by, applicable law, and specifically agree not to use our Platforms or services in any way that causes, or may cause, damage to our Platforms or services, or in any way that is illegal, fraudulent, or harmful, or in connection with any activity that is illegal, fraudulent or harmful. You further agree not to circumvent any technological measure implemented by us to restrict the manner which our Platforms and services are used or accessed by you or others.
2. Unauthorized Access: Although we have taken precautions to minimize the risk of unauthorized access to your content and account, we cannot guarantee unauthorized third parties will not be able to defeat our preventative measures. You hereby agree and acknowledge that you provide all information and content at your own risk.
3. Acceptable Use of Services: You acknowledge and agree that you are fully responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) uploaded, posted, e-mailed, transmitted, or otherwise made available by you via your use of the Platforms, together or separately, used to deliver our services. While Beautiful Math Minds makes reasonable efforts not to allow offensive, indecent, or objectionable material on this site, by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Beautiful Math Minds be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted, or otherwise made available via the services.
You agree to the following when using Beautiful Math Minds Services:
○ Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
○ Not to copy, modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer the Platforms or any intellectual property of any party;
○ Not to permit use of the Services by anyone other than you or other authorized Users;
○ Not to forge headers of postings, e-mails, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
○ Not to upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy in any manner, hateful, or racially, ethnically or otherwise objectionable;
○ Not to upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidential disclosure agreements);
○ Not to upload, post, e-mail, transmit, or otherwise make available any Content that can be considered confidential or sensitive in nature;
○ Not to upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or any other proprietary and lawful rights of any third party;
○ Not to upload, post, e-mail, transmit, or otherwise make available any Content that would negatively affect the functioning of the system or would impose an unreasonable or disproportionately large load or burden on the Beautiful Math Minds’ systems;
○ Not to intentionally or unintentionally violate any local, state, national, or international law (including applicable export or re-export control laws and regulations);
○ Not to bully, “stalk”, or harass another User or any third party through the Platforms and/or our services;
○ Not to collect or store personal data about other users, unless such act is consistent with the use of Beautiful Math Minds’ services; and
○ Not to facilitate, encourage, or otherwise support any User’s acts that violate the terms of this Agreement.
4. Moderation of Services: We have the right, but not the obligation, to regulate content stored on the Platforms, offered through our services, or provided to us by anyone; to regulate the conduct of anyone on the Platforms, and to enforce these terms in any way and at any time. We also have the right to limit, modify, interrupt, suspend or discontinue all or any portions of the Platforms or services at any time without notice. We and our Indemnitees (as described below) shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
5. Third-Party Links: The Platforms may contain links to websites operated by other people or companies that are not controlled by us. We have no responsibility or liability for the policies, activities or content of these other websites. If you access any third-party website you do so at your own risk and you agree that we will have no liability arising from your use of any third-party website, service or content.
6. SPAM DISCLAIMER: We are required to conform to the CAN-SPAM Act of 2003 and must provide an opt out clause for users with regards to email communication.
7. Interactions with Users: Beautiful Math Minds is not responsible for the actions, content, information or data of other third-party platforms, such as the SLTs, or other third parties, including other users. You are responsible for interactions with other parties when using the Services. Beautiful Math Minds reserves the right to settle such disputes (e.g., terminating accounts for violating the Agreement).
LIMITED LICENSES AND IP
Your IP Rights. Any content provided by you to us shall remain your content.
Our IP Rights. All technology, content, intellectual property, and other information included on our Platforms or through our services is protected by the United States and international intellectual property laws and is owned by or licensed to us. We do not grant you any express or implied rights or licenses under any intellectual property rights or other proprietary rights. We reserve all other rights, and no other rights are granted by implication or otherwise. You agree to not use, modify, reproduce, distribute, sell, license or otherwise exploit our intellectual property without our written permission.
Your Limited License. When you use the Platforms or our services, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use our website and the Platforms, which we may terminate at any time, for any reason, and with or without notice to you. Any attempted transfer or assignment of this license shall be null and void. This license is subject to your full compliance with these terms and all applicable local, state, national, and international laws, rules and regulations. When you submit content to or through our website, the Platforms, or our services, you promise that it is not violating anyone’s rights or copyrights. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to you purpose. You further represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
Our Trademarks. We shall retain all rights, title, and interest to our website, Beautiful Math Minds LLC, and their affiliated logos and designs, except for a limited license provided to users. You shall not engage in any deceptive, misleading or unethical trade practice or advertising, or any other conduct or activity that tends to mislead, deceive or defraud the public, or to adversely affect the good name or reputation of us or the goodwill in any of our trademarks and affiliated logos and designs.
DCMA Copyright Notice. We respect the intellectual property rights of others and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe an exclusive right in your work has been infringed, please report the allegations electronically to our Copyright Agent at ________________________. You may also submit a request in hardcopy form to:
Beautiful Math Minds, LLC
10449 White Granite Drive, #3891
Oakton, VA, 22124
Attn: Jennifer Mendez
Please note that submitting the request via hardcopy may delay our response. Please be sure to include information identified in Section 512(c)(3) of the Digital Millennium Copyright Act. Upon review, we will take whatever action we deem appropriate.
INDEMNIFICATION AND DISCLAIMERS
Indemnification. You agree to indemnify and hold us and our officers, directors, members, managers, partners, shareholders, employees, licensees, licensors, contractors, agents, legal representatives, successors, heirs, executors, and assigns (“Indemnitees”) harmless against (a) any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or related to: (i) your breach or alleged breach of any representation, warranty, covenant or other obligation set forth in these terms; (ii) your own conduct or activities on, through or related to our website, Platforms or services; (iii) any conduct or activities on, through or by use of your account; (iv) content that you post or transmit; (v) activity that occurs through or by use of your account; (vi) your use of or reliance on any content on our website, Platforms or obtained through our services; (vii) infringement, or alleged infringement, of any rights of any party; and (vii) any claim or representation made or allegedly made by you in any content or comment furnished or used by you, and shall defend us and our Indemnitees against any and all third party claims, suits or demands that are subject to the above indemnity.
Indemnitees. Although our Indemnitees may moderate content, conduct and compliance with these terms related to our website, Platforms and our services, they have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported violation of these terms from occurring or recurring.
WARRANTY DISCLAIMER. YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SERVICES AND CONTENT ACCESSED THROUGH OUR WEBSITE, PLATFORMS OR OUR SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
LIMITATION ON LIABILITY. WE AND OUR INDEMNITEES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE, PLATFORMS OR OUR SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE, PLATFORMS OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR ANY OF OUR INDEMNITEES HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES).
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE, PLATFORMS OR OUR SERVICES; ANY INABILITY TO ACCESS OR USE THE SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE, PLATFORMS OR OUR SERVICES; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICES OR CONTENT ACCESSED THROUGH OUR WEBSITE, PLATFORMS OR OUR SERVICES. IN NO EVENT SHALL OUR OR OUR INDEMNITEES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
DISPUTES AND UNDERSTANDING THESE TERMS
Choice of Law. These terms shall be construed in accordance with, and governed in all respects by, the internal laws of the Commonwealth of Virginia (without giving effect to principles of conflicts of laws).
Arbitration. In the rare event you have a dispute with us, any dispute, controversy or claim arising our of, relating to, or in connection with, our services, our website, or Platforms, and/or these terms or any breach, termination or validity thereof shall be settled only by arbitration. The arbitration shall be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association in effect at the time of the arbitration, except as they may be modified by these terms or by mutual agreement of us and you. The location of the arbitration shall be Fairfax County, Virginia, or such other location as mutually agreed. The arbitration shall be conducted by three arbitrators. The party initiating arbitration (the “Claimant”) shall appoint its arbitrator in its request for arbitration (a “Request”). The other party (the “Respondent”) shall appoint its arbitrator within thirty (30) calendar days of receipt of the Request and shall notify the Claimant of such appointment in writing. If the Respondent fails to appoint an arbitrator within such thirty (30) calendar day period, the arbitrator named in the Request shall decide the Dispute as the sole arbitrator. Otherwise, the two arbitrators appointed by the parties shall appoint a third arbitrator within thirty (30) calendar days after the Respondent has notified the Claimant of the appointment of the Respondent’s arbitrator. When the arbitrators appointed by the parties have appointed a third arbitrator and the third arbitrator has accepted the appointment, the two arbitrators shall promptly notify the parties of such appointment. If the two arbitrators appointed by the parties fail or are unable to appoint a third arbitrator or to notify the parties of such appointment, then the third arbitrator shall be appointed by the President of the American Arbitration Association which shall promptly notify the parties of the appointment of the third arbitrator. The third arbitrator shall act as chairman of the panel. The arbitration award shall be in writing and shall be final and binding on the parties. If we are the prevailing party in any arbitration (or lawsuit, including to remove a lawsuit to arbitration), we shall be entitled to an award of our reasonable attorneys’ fees and costs, in addition to, and not in limitation of, other available remedies. All forum fees and expenses in any arbitration, including, without limitation, the arbitrators’ fees, shall be advanced equally by you and us; provided, however, that your failure to timely pay your portion of any arbitration fees shall entitle us to a default award (if you are the Respondent) or dismissal with prejudice (if you are the Claimant).
Confidentiality. You and we agree that all arbitration proceedings shall be private and confidential, and further agree not to issue any press release or public announcement with respect to any arbitration proceeding or any court action taken to enforce the arbitrator’s award, including, without limitation, the fact that the arbitration or a court action is being conducted, or disclose any aspect thereof, including any testimony, discovery and any documents filed in the course of such proceedings, except to the arbitrator and his/her staff, the parties’ attorneys and their staff, any experts retained by the parties, and to the court as necessary to enforce the arbitration award, provided that at the request of either party, the parties shall cooperate in seeking a protective order with respect to any such information disclosed to the court.
Injunction. Nothing in these terms, or otherwise, shall prevent us from seeking or obtaining preliminary injunctive or other provisional relief for the purpose of preventing irreparable injury, loss or damage pending a final resolution of the dispute, claim or controversy according to such dispute resolution provisions. You agree that the state and federal courts located in the Commonwealth of Virginia shall have exclusive jurisdiction of any request by us for injunctive relief, and you irrevocably agree to submit to the jurisdiction of such courts for such purpose.
Severability. You acknowledge, and we affirm, that it is the intent of both us and you that the provisions contained in these terms should be enforced. If any term or other provision, or part of any provision of these terms is found to be invalid, illegal, or incapable of being enforced by any rule or law, or public policy, the provision, or any part of it, shall be severed from these terms and all other conditions and provisions shall remain in full force and effect.
Entire Understanding. These terms constitute the entire agreement between you and us and supersedes any prior written or oral agreement, with exception of any software license agreement, including any EULA, specifically entered into with us. Other than our Indemnitiees (who are expressly included as named third-party beneficiaries of these terms), there are no third-party beneficiaries to these terms. You also understand and agree that any action or inaction by us or any of our Indemnitiees to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these terms is undertaken voluntarily and in good faith, and you expressly agree that neither us nor any of our Indemnitiees shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these terms.
8. Waiver. The waiver by us of a default or breach of any provision of these terms shall not operate or be construed as a waiver of any subsequent default or breach of the same or of a different provision. No waiver or modification of these terms or of any covenant, condition or limitation contained in these terms shall be valid unless in writing and executed by an officer of our company. Failure of us to insist upon strict compliance with any of the terms, covenants or conditions in these terms shall not be deemed a waiver of such terms, covenants and conditions.