Terms of Use

Effective as of August 5, 2009

These terms of use (“Terms of Use”) describe the terms on which Mathematical Sciences Research Institute (“MSRI,” “we,” or “us”) provides the services and website located at http://www.mathcircles.org (the “Math Circle Services” or “Services”).

  1. 1 INTRODUCTION

    By using the Services, you accept the Mathematical Sciences Research Institute’s MathCircles.org Terms of Use and the following terms, conditions, and policies – including any future amendments (collectively, the “Agreement”):

    Privacy Policy

    Copyright Policy

    Changes and Modifications. MSRI reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective thirty (30) days after they have been posted to this site or MSRI has otherwise notified you of the change. Though MSRI may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version. The most recent version of this Agreement is always available from a link on our homepage. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, MSRI grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Services as they are intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

    Links To Other Sites. The Services may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MSRI’s control, and MSRI is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

  2. 2 DESCRIPTION OF SERVICES

    General Description. The Math Circle Services include a number of tools that help you get information on Mathematical Circles – a form of education enrichment and outreach that bring mathematicians and mathematical scientists into direct contact with pre-college students. These students, and sometimes their teachers, meet with mathematical professionals in an informal setting, after school or on weekends, to work on interesting problems or topics in mathematics. The goal is to get the students excited about the mathematics, giving them a setting that encourages them to become passionate about mathematics.

    Adults Only. You must be 18 years of age or older – or, if the age of majority in your state or nation is greater than 18 years, you must have attained the age of majority in your state or nation – to agree to these terms. If you are under 18 years of age, or below age of majority in your state or nation, you will need to obtain your parents’ consent before using the Math Circle Services, creating a user account with MSRI, or engaging in any of the programs offered by MSRI as part of the Services.

  3. 3 CONDITIONS OF USE AND USER CONDUCT

    As a condition of use, you agree to the following:

  4. 4 SHARING MATH PROBLEMS AND OTHER USER CONTENT

    The Services allow you to upload, transmit, publish and disseminate mathematical problems, formulas, equations, diagrams, images, lesson plans and other related content (“User Content”) for the purposes of sharing that User Content with other members of the MSRI community. The Services also allow you to upload User Content in the form of a picture, a signature, and other such content to be associated with your http://www.mathcircles.org profile.

    When you upload copyrightable User Content on or through the Services, you retain ownership of any copyright you claim in your User Content. You also represent and warrant, with respect to all User Content that you upload, transmit, publish, and/or disseminate through the Services, that (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Services (and to grant to MSRI the licenses set forth in this Agreement) and (b) the User Content will not infringe or otherwise violate the privacy, copyright, trademark, or other rights – including the intellectual property rights – of any third party.

    By submitting User Content as set forth above, you hereby do and shall grant to MSRI (and its successors, assigns, third party service providers, and distributors) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the content on and in connection with the manufacture, sale, promotion, marketing and distribution of products sold on, or in association with, the Services or in any product or service in any medium and by any means currently existing or yet to be devised. You further grant MSRI the right to use your name and likeness in association with any use of your User Content permitted under this Agreement. You also hereby do and shall grant to each user of the Services a non-exclusive license to access and view your User Content through the Services, and to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, publicly perform, or publicly perform by means of a digital audio transmission such User Content as permitted through the functionality of the Services.

    While MSRI makes User Content shared by users available to other users, by using the Services, you acknowledge and agree that MSRI does not guarantee access to and hosting of your User Content that is shared via the Services. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Services, it may result in access to the content being temporarily or permanently disabled.

  5. 5 COPYRIGHT POLICY REGARDING THIRD PARTIES

    If you believe that MSRI, or any user of the Services, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) at copyright@ mathcircles.org. For more details on how to properly notify us of a DMCA issue, please review our copyright policy

  6. 6 MSRI’S COPYRIGHT POLICY

    Any mathematical problems, formulas, equations, diagrams, images, lesson plans and any other copyright-protected content authored by MSRI and provided at the http://www.mathcircles.org website is licensed by MSRI for third party use under the Creative Commons (“CC”) Attribution-NonCommercial-ShareAlike 3.0 United States license. Under this license, you are free to copy, distribute, adapt, and transmit this content for any noncommercial purpose so long as you properly attribute the content to MSRI and the http://www.mathcircles.org website. If you alter, transform, or build upon this content, you may distribute the resulting work only under the same or similar license to this one. To view the complete license terms, please visit Creative Commons at http://creativecommons.org/licenses/by-nc-sa/3.0/us/legalcode. If you would like to make a use of the MSRI content that is not otherwise permitted by the CC license, please contact us at copyright@mathcircles.org.

  7. 7 MSRI’S TRADEMARK POLICY

    All trademarks, service marks, design marks, trade dress, logos, or any other designation of origin used by MSRI (collectively, “MSRI Designations”), including but not limited to the design, “look and feel,” and arrangement of such MSRI Designations or the http://www.mathcircles.org/ website, contained on the Services is owned or licensed by or to MSRI, and is protected by trademark law, and various other intellectual property regulations, in the United States and throughout the world.

  8. 8 VIOLATION OF THIS AGREEMENT - TERMINATION

    You agree that MSRI may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Services. Please note that it is MSRI’s policy to terminate the account of users who violate the copyrights of third parties.

    If MSRI does take any legal action against you as a result of your violation of this Agreement, MSRI will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MSRI. You agree that MSRI will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of this Agreement.

  9. 9 DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MSRI AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (IF ANY) (THE “MSRI AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. MSRI AND THE MSRI AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED.

    ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MSRI OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

  10. 10 LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT MSRI AND THE MSRI AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT MSRI MAY MAKE TO THE SERVICES; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICES; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICES; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    YOU SPECIFICALLY ACKNOWLEDGE THAT MSRI AND THE MSRI AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  11. 11 EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE MSRI AFFILIATES’ LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  12. 12 INDEMNIFICATION

    You will indemnify and hold MSRI and/or the MSRI Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by MSRI and/or the MSRI Affiliates in connection with any claim arising out of your breach of the Agreement. MSRI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

  13. 13 GENERAL TERMS

    Entire Agreement. This Agreement is the whole legal agreement between you and MSRI. It governs your use of the Services and completely replaces any prior agreements between you and MSRI with respect to the Services.

    Governing Law. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by, and venue in, the State and Federal courts in Alameda County, California, and waive any objection to such jurisdiction or venue.

    Dispute Resolution. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MSRI and you arising out of or in connection with these Terms of Use or your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association (AAA), JAMS, or any other such appropriate mediator before resorting to litigation.

    Statute Of Limitations. You agree that, regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

    Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If MSRI does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. MSRI may assign or delegate all rights and obligations under the Agreement, fully or partially.

    Notices. MSRI may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Services. MSRI’s mailing address is:

    MathCircles.org
    Attn: Mathematical Sciences Research Institute
    17 Gauss Way
    Berkeley, CA 94720-5070

    If you have general questions or concerns regarding these Terms of Use, please contact us in writing at terms@mathcircles.org or at our mailing address.

    Third Party Beneficiaries. Each MSRI Affiliate is an intended third party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to the Agreement.