Terms of Use

Intro

MyOpenMath provides algorithmically generated online math homework.  By using the MyOpenMath site, you are agreeing to these terms of use.  MyOpenMath may update the Terms of Service at any time and without prior notice by posting a new version at http://www.myopenmath.com.

MyOpenMath is provided under these terms of service.

The Short Version

MyOpenMath is provided without warranty.  There is no student support, and instructor support is limited.  Do not post copywrighted materials without permission.

The Long and Official Version

Use

The MyOpenMath site is only intended for persons age 13 or over.  

Support

No direct student support is provided.

Instructor technical support is provided by volunteers and the user community, and is thus limited and not guaranteed. If you need supported service, consider contacting Lumen Learning about their OHM system.

Content Usage Rights

Copyrighted materials should not be posted or used in questions without the permission of the copyright owner, or under allowed use following a Creative Commons or similar open license. You shall be solely responsible for your own user created content and the consequences of posting or publishing them. MyOpenMath expressly disclaims any and all liability in connection with user created content.

Any content you upload remains yours.  However, if you create questions, assignments, or courses and set them to be available for use by other instructors, through that action you are granting explicit rights for others to use, copy, and redistribute modifications of your items, including redistribution to other non-commercial installations of the IMathAS software. It is recommended that you include an explicit Creative Commons license on courses you choose to share. Questions that are not set to be private may be used or adapted without attribution, including redistribution to other non-commercial installations of the IMathAS software; Other content must be used in accordance to any license you’ve specified.

Restrictions on Use

You may not use or access MyOpenMath for any commercial purpose, including using or accessing the site for the purpose of providing paid support to other users. For clarity, use of MyOpenMath by an instructor as a component of a course at an accredited school is not considered commercial use. You may not promote MyOpenMath in a way that implies that you control or own the site.

MyOpenMath Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy.

Conduct

You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MyOpenMath, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the MyOpenMath Service. MyOpenMath does not control the user-uploaded Content posted via the MyOpenMath Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MyOpenMath be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the MyOpenMath Service. You agree to not use the MyOpenMath Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the MyOpenMath Service;
  4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
  5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
  7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
  9. interfere with or disrupt the MyOpenMath Service or servers or networks connected to the MyOpenMath Service, or disobey any requirements, procedures, policies or regulations of networks connected to the MyOpenMath Service;
  10. intentionally or unintentionally violate any applicable local, state, national or international law,
  11. "stalk" or otherwise harass another; and/or
  12. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that MyOpenMath may or may not pre-screen Content, but that MyOpenMath and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the MyOpenMath Service and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that MyOpenMath may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:       

    1. comply with legal process;
    2. enforce the TOS;
    3. respond to claims that any Content violates the rights of third parties;
    4. respond to your requests for customer service; or (e) protect the rights, property or personal safety of MyOpenMath its users and the public.

Links

The MyOpenMath Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyOpenMath has no control over such sites and resources, you acknowledge and agree that MyOpenMath is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MyOpenMath shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Copyright Infringement

MyOpenMath respects the copyright of others, and we ask our users to do the same. MyOpenMath may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyOpenMath's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

MyOpenMath's Agent for Notice of claims of copyright infringement can be reached as follows:  support@myopenmath.com

Indemnity

You agree to indemnify and hold MyOpenMath and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the MyOpenMath Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Disclaimer of Warranties

You expressly understand and agree that: Your use of the MyOpenMath service is at your sole risk. MyOpenMath service is provided on an "as is" and "as available" basis. MyOpenMath and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MyOpenMath and its subsidiaries, affiliates, officers, employees and licensors make no warranty that

(i) The MyOpenMath service will meet your requirements;

(ii) The MyOpenMath service will be uninterrupted, timely, secure or error-free and

(iii) The results that may be obtained from the use of the MyOpenMath service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from MyOpenMath or through or from the service shall create any warranty not expressly stated in the TOS.

These warranty terms may be overridden by your institution’s Service Level Agreement, if they have secured one.

Limitation of Liability

You expressly understand and agree that MyOpenMath and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if osi has been advised of the possibility of such damages), resulting from the use or the inability to use the MyOpenMath service.

Attribution

Portions of this Terms of Service were remixed from http://opensource.org/ToS, Creative Commons Attribution License.