Welcome to Math Hero!
Math Hero operates a social learning network for students and educators. Math Hero inspires students to share and explore knowledge in a collaborative community and engage in peer-to-peer educational assistance, which is made available on www.mathhero.co and any www.mathhero.co sub-domains (the "Website") as well as the Math Hero mobile application (the "App", the "Application") (the "Website" and the "App" are collectively the "Math Hero Services").
It is important that you read and understand the terms that apply to you when you use the Math Hero Services before using the Math Hero Services.
This part and the documents referred to within it set out the terms and conditions that apply to your use of Math Hero Services if you access Math Hero Services from within the United States or other countries except Europe (collectively, the "Terms of Use").
The Terms of Use, together with all agreements and policies expressly incorporated by reference ("Terms") applies as between you, the User of the Application and Lunapark Medya Internet Teknolojileri Sanayi ve Ticaret A.S, the owner(s) of this Application. Your agreement to comply with and be legally bound by these terms and conditions is deemed to occur upon your first use of the Application. By accessing or using the Application, registering / creating an account, or by viewing, uploading or downloading any information or content from or to the System, you represent and warrant that you have read and understood these Terms of Use and will abide by them. If you do not agree to these Terms and Conditions, you should stop using the Application immediately.
The Math Hero Services is not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 13, please contact us at support@mathhero.co
Subject to your compliance with these Terms, Math Hero grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Math Hero Services and any products, services, functionality, content, information, or other materials available on or through the Math Hero Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.
You understand that certain functions of this Math Hero Services may only be available to Guest User and Registered Users.Guest User and Registered Users have the right to use the products, services and functionality provided by Math Hero and the content and information published on the Math Hero Services only within their own needs, for non-commercial purposes. Should the products, services, functionality, content or information be a subject to copyrights or any other intellectual property rights, the Guest User and Registered User may use it within the allowed use under any applicable third-party licenses and subject to such copyrights and related rights. Except as otherwise provided in these Terms with regard to Math Hero using the products, services, functionality, content or information in accordance with these terms is free of charge.
The rights granted to you in the paragraph above and elsewhere in these Terms are subject to the following limitations:
You are solely responsible for all text, images, audio, video, location data, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Math Hero Services, including Questions or Answers (collectively, "Your Content"). Once you submit Your Content on the Math Hero Services it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content by others who may access the Math Hero Services. You acknowledge that you may expose yourself to personal liability by posting on the Math Hero Services. You take sole responsibility for ensuring that Your Content does not contain any material that is illegal, is false, intentionally misleading, or defamatory, or violates any third-party right (such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).
YOU ACKNOWLEDGE THAT THE MATH HERO SERVICES IS INTENDED TO PROVIDE HOMEWORK ASSISTANCE TO STUDENTS AND EXPRESSLY AGREE TO COMPLY WITH THE COMMUNITY GUIDELINES. MATH HERO RESERVES THE RIGHT TO MODERATE THE MATH HERO SERVICES AND TO REMOVE, SCREEN, OR EDIT YOUR CONTENT FROM THE MATH HERO SERVICES AT OUR SOLE DISCRETION, AT ANY TIME, AND FOR ANY REASON OR FOR NO REASON, WITH NO NOTICE TO YOU.
By posting Your Content on the Math Hero Services you irrevocably grant Math Hero a worldwide, non-exclusive, irrevocable, sublicensable (through multiple tiers), assignable and transferable, perpetual right and license to use Your Content, including, for example, your name, grade, school name or biographical information, for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium.
The materials used and displayed on the Math Hero Services, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of Math Hero or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of Math Hero.
The terms Math Hero and mathhero.co, and other Math Hero trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Math Hero or its affiliates or licensors. You may not use such marks without the prior written consent of Math Hero. All other names, logos, product and service names, designs, and slogans on the Math Hero Services are the trademarks of their respective owners.
Since we respect content owner rights, it is Math Hero’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Math Hero Services, please reach us at support@mathhero.co with the following information:
Your name, address, telephone number and email address;
An identification of the copyrighted work that you believe to be infringed. Please fully describe the work and, wherever possible, include a copy or the location of an authorized version of the work;
A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law;
A statement that the information that you have supplied is accurate and that, "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
A signature or the electronic equivalent from the copyright holder or authorized representative.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Math Hero and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Math Hero’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Math Hero may make available software to access the products, services, functionality, content, information and other materials made available on, through or in connection with the Math Hero Services via a mobile device including, but not limited to, the App software ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Math Hero does not represent or warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Subject to your compliance with these Terms, Math Hero hereby grants you a non-exclusive, non-transferable, freely revocable license to use a compiled code copy of the Mobile Software for one account on one Mobile Device owned or leased solely by you, for your personal use.
You acknowledge that Math Hero may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA and/or Terms of Use, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Math Hero or its third-party providers or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Math Hero reserves all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Software is subject to United States export laws and regulations. Those laws and regulations provide that, among other things, the Mobile Software generally may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Math Hero Services, including, but not limited to, export and import regulations.
The following applies to any Mobile Software you acquire from the Apple App Store ("Apple-Sourced Software"):
You acknowledge and agree that these Terms are solely between you and Math Hero, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Math Hero as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Math Hero as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or Your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Math Hero, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Math Hero acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
This paragraph applies where the Mobile Software has been acquired from any app store or distribution platform other than the Apple App Store, including the Google Play Store and the Windows Store (the "Distribution Platform"):
You acknowledge that: (a) the Terms are between you and Math Hero, and not with the provider of the Distribution Platform ("Store Provider"); (b) your use of the Mobile Software must comply with the Store Provider’s then-current Distribution Platform Terms of Use; (c) the Store Provider is only a provider of the Distribution Platform where you obtained the Mobile Software; (d) Math Hero, and not the Store Provider, is solely responsible for the Mobile Software; (e) the Store Provider has no obligation or liability to you with respect to the Mobile Software or the Terms; and (f) you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms as it relates to the Mobile Software.
Some of the information or other materials available on or through the Math Hero Services may have been prepared by third-parties not affiliated with Math Hero, including other users. Math Hero makes no warranties with regard to such information or other materials, nor does Math Hero assume any responsibility or liability for any decisions based upon such information.
The Math Hero Services may include links to websites and services not provided by Math Hero. Your interaction with these websites and services will be subject to the terms (including privacy policies) established by such websites or services. Math Hero is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such websites or services, or the privacy or other practices of such websites or services.
Use of certain portions of the Math Hero Services requires that you create and maintain a username and password (collectively "User Credentials"). You will be asked to create unique User Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Math Hero Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials.
Termination
Math Hero reserves the right, in its sole discretion, to immediately modify, suspend or terminate your account, the Math Hero Services, your any products, services, functionality, information, content or other materials available on, through or in connection with the Math Hero Services including, but not limited to, the Mobile Software, and/or your access to some or all of them without cause and without notice.
MATH HERO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE MATH HERO SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE MATH HERO SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) MATH HERO’S PROVISION OF OR YOUR USE OF THE MATH HERO SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE MATH HERO SERVICES, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE; OR (C) ANY BREACH OF OR ACT OR OMISSION UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Math Hero’s liability is limited to the extent permitted by law, thereby minimizing Math Hero’s liability to you to the lowest amount permitted by applicable law.
You agree to indemnify and hold each of Math Hero, its subsidiaries, affiliates, officers, directors, employees and independent contractors, and any third parties providing content or services included in the Math Hero Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Math Hero Services.
Math Hero expressly reserves the right to assign and transfer these Terms, and its rights and obligations under these Terms, in part or as a whole, without restriction, including, but not limited to, to another legal entity as part of any sale or merger of all or part of Math Hero with a separate legal entity. You may not transfer these Terms, or your rights or obligations under these Terms, to any person or entity.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms.
YOU AND Math Hero AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION.
Either Math Hero or you may demand that any dispute between Math Hero and you about or involving your use of the Math Hero Services must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Math Hero from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE MATH HERO SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
No waiver by Math Hero of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Math Hero to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms are the complete and exclusive statement of the agreement between you and Math Hero concerning the Math Hero Services and/or any products, services, information, or other materials available on, through or in connection with the Math Hero Services or your, including, but not limited to, the Mobile Software. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Math Hero.
If you have questions about these Terms, you may contact us by email at support@mathhero.co. Please note that communications made to support@mathhero.co will not constitute legal notice to Math Hero, its officers, employees, agents, or representatives.
Math Hero regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Math Hero Services and your continued use of the Math Hero Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the Math Hero Services.