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Terms of Use
Welcome to "HeyMath!" We are glad "You" have decided to sign up, and we look forward to "Your" feedback on our services. Before You begin using our services, do take some time to review the following Terms of Use ("Terms"). These Terms are an "Agreement" between You and Sankhyaa Ltd (the company that delivers the HeyMath! service). It is important that You understand both the benefits that HeyMath! can provide, as well as its limitations. Sankhyaa Ltd provides its websites www.heymath.net , www.heymath.com , www.wizpool.com (the "Site") subject to the following terms of use (the "Terms"), which may be updated by Sankhyaa Ltd from time to time without notice to you. You should review the Terms periodically for changes. If you do not agree with all of the following terms and conditions, please do not use this Site.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. You hereby agree to supervise usage by, and be responsible for the actions of, any minor who uses your computer and/or Account to access the site. You should always supervise Your children's use of the Internet. In addition, You may not use this site if You reside in a country where it is prohibited by law, regulation, treaty or administrative act.
Ownership and Intellectual Property Rights
Limited License
Fair-play rules
Modification to the site
Privacy
Dealings with advertisers and merchants
Dealings with third parties and links
Your account, password and security
HeyMath! Desktop
Indemnification
Disclaimer and limitation of liability
Miscellaneous
Ownership and Intellectual Property Rights
Sankhyaa Ltd shall retain all ownership in the Site and all content displayed on the Site. You acknowledge and agree that the Site and all information presented to you through the Site contain intellectual property rights owned by Sankhyaa Ltd, including but not limited to copyright, design rights and trade marks and You agree not to infringe the intellectual property rights owned by Sankhyaa Ltd or third parties as detailed in the Copyright Notice.
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Sankhyaa Ltd and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.K. and foreign copyright and trademark laws.
At all times, you acknowledge the absolute proprietary rights and ownership of all intellectual property rights of "HeyMath!" and its Content and shall grant HeyMath! a royalty-free perpetual license to all and any content that is provided to HeyMath! or uploaded by your Users into the HeyMath! Web Site (including but not limited to questions from internal tests and exam papers at Your School) ("School Content") for the benefit of all HeyMath! subscribers regardless of monetary consideration and shall not undertake to do any act, deed or thing in violation of the said rights.
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Limited License
Sankhyaa Ltd grants You a nonexclusive, revocable right to use the Site provided that You agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any material found on the Site, in whole or in part or otherwise attempt to discover any source code except as expressly authorized by Sankhyaa or relevant third parties. You expressly agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
Use the Site for any purpose, which is in violation of local, state, national or international law;
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Impersonate another person or allow any other person or entity to use Your account identification to post or view questions;
Post the same question or information repeatedly (referred to as 'spamming'). Spamming is strictly prohibited;
Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed through the Site;
Post any personal information about You or other persons.
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Fair-play rules
HeyMath! treats all questions received from students as being equally important. While there are presently no restrictions on the number of questions that students can send to HeyMath!, please note that in the event we receive more than 2 (two) questions from a student on any single day, we will need to schedule our responses as follows:
responses to the first two questions will be provided within 24-hours
responses to all remaining questions will follow at the earliest thereafter
This is being done in the interest of fair play, and for the equal benefit of all students.
You hereby authorize Sankhyaa Ltd to use, and authorize others to use, your feedback in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature.
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Modifications to the Site
Sankhyaa Ltd reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to You, and You agree that Sankhyaa Ltd shall not be liable to You or any third party for any modification or discontinuance of the Site.
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Privacy
Sankhyaa Ltd's Privacy Policy located on its Site as modified by Sankhyaa Ltd from time to time shall govern any disclosure or use of Your personal information.
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Dealings with Advertisers and Merchants
(a) Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants
found on or through the Site, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely between you and
such advertiser or merchant.
(b) To the fullest extent permitted by applicable law, you agree that:
(i) Sankhyaa Ltd shall not be responsible or liable for any loss or damage of any kind incurred as the
result of any such dealings or as the result of the presence of such advertisers and merchants on or
through the Site; and
(ii) Any orders placed by you on, and any product specifications and product availability appearing on, the
Site are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.
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Dealings with Third Parties and Links
(a) The Site may provide, or third parties may provide, links to other web sites or resources. As Sankhyaa Ltd has no control over such sites and resources, you acknowledge and agree that Sankhyaa Ltd is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
(b) Any dealings by you with any third party on or through the Site shall be solely between you and that third party and Sankhyaa Ltd shall not be responsible for any loss or damage that may arise from any such dealings.
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Your account, password and security
You are responsible for maintaining the confidentiality of any password and account number provided by Sankhyaa Ltd for accessing the Site, and are fully responsible for all activities that occur under Your password or account. You agree to immediately notify Sankhyaa Ltd of any unauthorized use of Your password or account or any other breach of security.
Sankhyaa Ltd shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You may not use anyone else's account or permit anyone else to use Your account at any time. Should Sankhyaa Ltd have reason to believe that there has been an impersonation or misuse of the service through Your account, such action shall be construed as a breach of this Agreement by You.
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HeyMath! Desktop
By using HeyMath! Desktop, you agree to be bound by the following terms and conditions:
- Information Collection and Use: Once installed, HeyMath! Desktop collects and stores your User ID and log-in credentials, along with some information about how you interact with the HeyMath! Desktop and with www.heymath.com. We use this information to operate and improve the HeyMath! Desktop and our sites and services.
- User Controls and Uninstall: The HeyMath! Desktop application allows you to customize your use of HeyMath! Desktop. You can uninstall HeyMath! Desktop via the uninstaller function of your operating system (for example, the Windows Add/Remove Programs function). HeyMath! Desktop operates using Adobe Integrated Runtime; if you wish to uninstall this program too, you can uninstall it separately using the uninstaller function.
- Security: We use lots of tools to protect your personal information against unauthorized access and disclosure, but we do not promise, and you should not expect, that your personal information or private communications will always remain private.
- HeyMath! Desktop Use: Sankhyaa Ltd grants you the right to use HeyMath! Desktop for your personal, non-commercial use only, subject to these terms. You may not modify, copy, publish, license or sell any information or software associated with HeyMath! Desktop. You may not rent, lease or otherwise transfer rights to HeyMath! Desktop. You may not use HeyMath! Desktop in any manner that could damage, disable, overburden or impair the HeyMath! site, nor may you use HeyMath! Desktop in any manner that could interfere with any other party's use and enjoyment of the HeyMath! site. You agree that you will use HeyMath! Desktop for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use HeyMath! Desktop will terminate immediately if you violate any provision of these terms. Upon termination, you may no longer use HeyMath! Desktop.
- Intellectual Property: You acknowledge that HeyMath! and its content and service providers own all rights, title and interest, including without limitation all Intellectual Property Rights, in and to HeyMath! Desktop, portions thereof, or software provided through or in conjunction with HeyMath! Desktop. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, rent, lease, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from HeyMath! Desktop. You also agree not to remove, obscure, or alter HeyMath!'s copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through HeyMath! Desktop. All rights not expressly granted to you are reserved by Sankhyaa Ltd.
- Disclaimer: Sankhyaa Ltd disclaims any responsibility for harm resulting from your use of HeyMath! Desktop. HeyMath! Desktop is provided 'as is', with no warranties whatsoever. Sankhyaa Ltd expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and noninfringement of proprietary rights. Sankhyaa Ltd disclaims any warranties regarding the security, reliability, timeliness and performance of HeyMath! Desktop. You understand and agree that you download and use HeyMath! Desktop at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of HeyMath! Desktop.
- Software Updates: Sankhyaa Ltd reserves the right to modify or change these Terms and Conditions from time to time without notice to you. The latest version will be available here. Sankhyaa Ltd may update or modify HeyMath! Desktop from time to time at its discretion.
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Indemnification
You agree to indemnify, defend and hold harmless, Sankhyaa Ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Sankhyaa Ltd reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Sankhyaa Ltd in asserting any available defenses.
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Disclaimer and Limitation of Liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND
TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF
DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, SANKHYAA LTD AND ITS AFFILIATES DO NOT WARRANT
THAT THE SERVICES PROVIDED BY SANKHYAA LTD OR THE SITE WILL BE FREE
FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.
SANKHYAA LTD IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR
CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR
OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO
THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE
RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS
AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, SANKHYAA LTD, ITS AFFILIATES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT
BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR
DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE,
THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED
OR OTHERWISE SUPPLIED BY SANKHYAA LTD OR ANY THIRD PARTY. NOTWITHSTANDING
THE FOREGOING, IN NO EVENT SHALL SANKHYAA LTD'S AGGREGATE LIABILITY
TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU TO SANKHYAA LTD, IF ANY, IN THE THREE (3) MONTH PERIOD PRIOR
TO ANY DISPUTE. YOU AGREE NOT TO HOLD SANKHYAA LTD, SANKHYAA LTD'S
AGENTS AND EMPLOYEES, OFFICERS, DIRECTORS, OR PARTICIPANTS IN SANKHYAA
LTD'S AFFILIATE SERVICE LIABLE FOR ANY ADVICE OR SERVICES DELIVERED
WHICH ORIGINATED THROUGH THE SITE AND RELEASE ALL SUCH PERSONS FROM
CLAIMS, DEMANDS AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND
AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
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Miscellaneous
This Agreement and all questions of construction, validity and performance under this Agreement shall be governed by English law and subject to the non-exclusive jurisdiction of the English courts. Nothing in the Terms affects any liability for fraudulent misrepresentation. Any failure by Sankhyaa Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Sankhyaa Ltd and You with respect to the subject matter hereof, and You have not relied upon any promises or representations by Sankhyaa Ltd with respect to the subject matter except as set forth herein. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This Agreement will become effective immediately when You register on the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Sankhyaa Ltd may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of Sankhyaa Ltd as posted on the Site from time to time without notice to You by terminating Your rights to use the Site. In the event of termination or expiration, the following sections shall survive: Ownership and Intellectual Property Rights; Indemnification, Disclaimer and Limitation of Liability; Privacy Policy, Miscellaneous and Copyright Notice.
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