SMath LLC owns and provides various websites (the “Websites”), services, and software (such as smath.com, SMath Studio) that provides math calculation capabilities or introduces other types of content creation and sharing, collectively, the “Services”.
BY ACCESSING AND USING THE SERVICES IN WHOLE OR IN PART YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW (THE “TERMS OF SERVICE”). IF YOU REPRESENT A COMPANY, YOU AGREE THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF SERVICE ON BEHALF OF YOUR COMPANY, AND BY ACCESSING AND USING THE SERVICES IN WHOLE IN OR IN PART YOU AGREE ON BEHALF OF YOU AND YOUR COMPANY TO BE BOUND BY THESE TERMS OF SERVICE.
In these Terms of Service, we may refer to SMath LLC as “us”, or “we”, and “you” shall refer to you and, where applicable, to your company. Any and all use of the Services is subject to these Terms of Service. If you do not agree to be subject to these Terms of Service, do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
SMath LLC RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, UPDATE, ADD, OR REMOVE PORTIONS OF THE TERMS OF SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. PLEASE CHECK THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY CHANGES TO THE TERMS OF SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF THOSE CHANGES. You can review the most current version of the Terms of Service at any time at https://en.smath.com/terms-of-service.
Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. These Terms of Service cover your use of the Services, and you agree that these Terms of Service apply to your use of the Services. “Users” or Accounts shall refer to any and all individuals or organizations using the Services.
Registration of the Account is restricted to users at least 14 years of age. If you are under the age of 14s, you must use an account created by a parent or guardian, and you must have the explicit permission of a parent or guardian to use the Services.
If you are under the age of 18, you must have the explicit permission of a parent or guardian to sign up for any paid services on the Services.
You must register to access and use certain parts of the Services.
One person or legal entity may not maintain more than one free account.
When you enter or try to use a part of the Services that requires registration, you will be prompted to create an account (a “User Account”) or log into your existing User Account. You understand that if you are so prompted you will not be able to continue using that portion of the Services without having a User Account.
If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. You agree that any information you provide when registering for the Services, and at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. FAILURE TO DO SO SHALL CONSTITUTE A BREACH OF THESE TERMS OF SERVICE. You further agree that any credit card information you provide through the Services is valid and that you have authority to authorize payments from such credit card. You further agree that you will use the Services only for the purposes advertised on the SMath LLC websites and/or set forth herein.
You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority. SMath LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
SMath LLC grants to you a non-exclusive license to access and use the Services in accordance with these Terms of Service. You agree not to copy, modify, reformat, rent, lease, lend, create derivative works, reproduce, transmit, republish, upload, reprocess, or distribute the Services, in whole or in part.
SMath LLC shall use all commercially reasonable efforts to make its Services available 24 hours a day, 7 days a week, except for:
SMath LLC shall provide you with basic online support for the Services at no additional charge, and/or upgraded support if purchased separately, and shall provide the Services only in accordance with applicable laws and government regulations.
SMath LLC reserves the right to contact you from time to time for feedback about the Services. We may also contact you regarding service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the SMath LLC websites. Notices will be deemed effective at the time they are sent by SMath LLC or as of the date they are posted, regardless of whether you actually read any such notices.
We claim no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
You acknowledge that you are responsible for the information and content that you produce, import, store and access to the Services (“Content”), and that you will have full responsibility for the Content, including its legality, reliability, appropriateness, originality and copyright. You further agree that you will not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, TRADEMARKS, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM THE CONTENT.
YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY CONTENT YOU PRODUCE USING SERVICES. SMath LLC will not license your Public Content to any third parties without your explicit permission.
SMath LLC reserves the right, but not the obligation, to remove any Public Content which violates this agreement. When using the Services, you may be exposed to Public Content from a variety of sources, and SMath LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Public Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. SMath LLC does not guarantee any confidentiality with respect to any Public Content and will not treat any Public Content as confidential. You understand that you and other users may be able to create, post, submit, or otherwise display Content and other information using the Services.
You may not use the Services to do any of the following:
You further agree that if you upload, post, transmit or otherwise display any mature material, you will:
The look and feel of the Services is copyright of SMath LLC.
SMath LLC retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “SMath LLC Intellectual Property”) that are the exclusive property of SMath LLC and/or its licensors. We do not transfer any rights in or to the SMath LLC Intellectual Property to you.
Content of the Services that incorporates or includes any of the SMath LLC Intellectual Property may not be used, copied, reproduced, distributed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of SMath LLC or the rightful owner, as applicable.
Confidential Information is any oral, written, graphic or machine-readable information disclosed by SMath LLC that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential.
Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of SMath LLC, and to maintain the confidentiality of the Confidential Information.
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.
SMath LLC has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. SMath LLC also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service or to the Services without restriction.
Your only remedy for any dispute with SMath LLC is to stop using the Services.
These Terms of Service shall be governed by and construed in accordance with the laws of Russian Federation, without regard to its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and your use of the Services resides in the courts of the Country and City of St. Petersburg, Russia and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
The Services are provided “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. SMath LLC does not GUARANTEE that users will be able to access the Services at all times or places, that SMath LLC will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, SMATH LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. SMATH LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. SMATH LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND SMATH LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
You understand that SMath LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
IN NO EVENT SHALL SMATH LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY