Terms Of Service

Last modified: February 2016
These terms of service govern the use of the Dudamath platform available at www.dudamath.com and it's subdomains. By using the Dudamath services you agree to comply with and be legally bound by these Terms.

Non-Commercial Use Only

You may use Dudamath for non-commercial purposes. Any use of Dudamath for a commercial purpose requires and is subject to a separate written agreement.

Your Content - Your Rights, Your Responsibility

Dudamath does not claim ownership of any materials you create for distribution to others through the Dudamath services (other than the underlying software and other materials of Dudamath and its licensors used to generate such materials). As between Dudamath and you, you own all rights to the content you created. Dudamath does not pre-screen user submitted and generated content, and you agree that you are solely responsible for all your content. Dudamath is not required to host, display, or distribute your content, and may remove at any time or refuse any user submitted and generated content. Dudamath is not responsible for any loss, theft or damage of any kind to such content. You represent and warrant that the content generated and submitted by you, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

Disclaimer and Limitations of Liability

You expressly agree that use of the Dudamath services is at your sole risk. The Dudamath services are provided on an "as is" and "as available" basis. Dudamath expressly disclaims all warranties of any kind, whether express or implied, with respect to the Dudamath services and all partner services, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials (including, but not limited to, your or others' user submissions and generated materials) available through the Dudamath services is not guaranteed and that Dudamath will not be responsible to you for any loss of data or materials caused by the Dudamath services or their unavailability. You understand and agree that any data, services and/or information downloaded or otherwise obtained through the use of the Dudamath services is done at your own discretion and rist and that you will be solely responsible for any damage arising therefrom.
Under no circumstances will Dudamath or its officers, employees, directors, shareholders, agents or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, se, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Dudamath services. If, notwithstanding these terms of use, Dudamath is found to be liable, liability of Dudamath and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extend that Dudamath may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Dudamath's liability will be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Dudamath and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Dudamath reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dudamath’s defense of such claim.

Intellectual Property

“Dudamath” and the Dudamath logo, and certain other of the names, logos, and materials displayed in the Dudamath Services, may constitute trademarks, trade names, or service marks (“Marks”) of Dudamath or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Dudamath or those other entities. The content on the Dudamath Services (the “Content”), including without limitation, the software, graphs, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Dudamath or its licensors. Other than with respect to your own User Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Dudamath and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

Feedback - we love free advice

If you choose to provide technical, business or other feedback to Dudamath concerning the Dudamath Services or any Dudamath products or services (collectively, “Feedback”), Dudamath will be free to use such Feedback without restriction. You understand and agree that the incorporation by Dudamath of Feedback into any of its products or services does not grant you any proprietary rights therein.

Termination and Suspension

Without limiting other remedies, Dudamath may terminate or suspend your Dudamath account or suspend your access to all or part of the Dudamath website without notice if Dudamath determines, in its sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that Dudamath believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Dudamath, any other Dudamath user, or any third party. You may discontinue your participation in and access to Dudamath at any time.

Password and Security

You are responsible for maintaining the confidentiality of your Dudamath Services password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Dudamath of any unauthorized use of your password or any other breach of security related to the Dudamath Services. Dudamath may require you to alter your password if Dudamath believes that your password is no longer secure.