Terms and Conditions of Service
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Access and use of the Physics is Beautiful website, PhysicsIsBeautiful.com (the “Website ”, “Physics is Beautiful ”, “we ”, “us ”or “our ”) and mobile application (“App ”) and related services (together with the Website, the “Service ”) is subject to the following Terms and Conditions of Service (“Terms and Conditions ”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. We may amend, update or change these Terms and Conditions. If we do this and the changes are material, we will alert you to such changes by email and/or by placing a notice on our home page and other places we deem appropriate so that you are aware of such changes. We reserve the right to modify these Terms and Conditions at any time, so please review it frequently.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
The Service allows users to access and use a variety of physics educational services, including learning or practicing different modules, building or working through curricula, and creating and/or participating in classrooms. Physics is Beautiful may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Physics is Beautiful; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Physics is Beautiful, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
b. Course Contributor Submissions
If you are or become a contributor to any curricula or classroom (a “Contributor ”), subject to any guidelines posted on the Service, you may create or supplement any such curricula or classroom in accordance with your own schedule and using your own facilities and resources. You are not required to become a Contributor and you may cease your activities as a Contributor at any time. You acknowledge that you do not desire and will not receive compensation for your activities as a Contributor or for our use of any Contributor Materials (as defined below) you submit. Any curricula or classroom you create as a Contributor (collectively, “Contributor Materials ”) are owned by you (subject, for the avoidance of doubt, to us retaining ownership of the curricula and/or classrooms created by Physics is Beautiful, and to other users retaining ownership of the curricula or classrooms they create). By submitting any Contributor Material, you grant us a fully paid up, royalty-free, perpetual, sublicensable license to reproduce, display, perform, modify, create derivative works of, distribute and otherwise use such Contributor Material in any manner.
c. General Content
As a condition of submitting any ratings, reviews, information, data, text (including blog or forum posts), photographs, audio clips, audiovisual works or other materials on the Services (“Content ”), you hereby grant to Physics is Beautiful a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Physics is Beautiful, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they nor Physics is Beautiful have any obligation to you or anyone else to maintain the confidentiality of the Content.
You represent and warrant to Physics is Beautiful that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Contributor Materials, Activity Materials (as defined below), and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department ’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Physics is Beautiful ’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Physics is Beautiful or its users to any harm or liability of any kind.
You agree to defend, indemnify and hold harmless Physics is Beautiful and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys 'fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Subject to the terms of these Terms and Conditions, Physics is Beautiful grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. Physics is Beautiful and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Physics is Beautiful on the Service are subject to change. In consideration for Physics is Beautiful granting you access to and use of the Service, you agree that Physics is Beautiful and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY PHYSICS IS BEAUTIFUL ARE PROVIDED TO YOU ON AN “AS IS ”BASIS. PHYSICS IS BEAUTIFUL AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PHYSICS IS BEAUTIFUL DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL PHYSICS IS BEAUTIFUL OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “PHYSICS IS BEAUTIFUL PARTIES ”) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF PHYSICS IS BEAUTIFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PHYSICS IS BEAUTIFUL PARTIES ’LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PHYSICS IS BEAUTIFUL FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Physics is Beautiful may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Physics is Beautiful account at any time by emailing us at [email protected] . The provisions of these Terms and Conditions relating to the protection and enforcement of Physics is Beautiful ’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content "), are the proprietary property of Physics is Beautiful or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. Other than Contributor Materials, as between you and Physics is Beautiful, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including curricula, classroom or forum / blog content generated by you (collectively, the “Activity Materials ”), shall be exclusively owned by Physics is Beautiful, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Physics is Beautiful any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Physics is Beautiful or its licensors that are not expressly granted in these Terms and Conditions are reserved to Physics is Beautiful and its licensors.
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Physics is Beautiful pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Claims of copyright infringement should be sent to: [email protected] .
These Terms and Conditions, its subject matter and our and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim ”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the state of New York, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. Notice of any claims shall be sent to [email protected]. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek legal action against you, we will send any notice of dispute to you at the contact information we have for you.
To the fullest extent permitted by applicable law, YOU AND PHYSICS IS BEAUTIFUL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU AND PHYSICS IS BEAUTIFUL EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Physics is Beautiful agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in the county of New York, State of New York, and you and Physics is Beautiful each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Physics is Beautiful shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement between Physics is Beautiful and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Physics is Beautiful or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Physics is Beautiful may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Physics is Beautiful and you, and Physics is Beautiful ’s and your respective successors and permitted assigns.
LAST UPDATED ON SEPTEMBER 9, 2018